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Patent Law

: IPBiz

Heuft: CAFC rules on infectious prosecution disclaimers

By Lawrence B. Ebert, Esq.

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In Heuft v. Industrial Dynamics, the CAFC got into prosecution disclaimer issues, citing Elbex Video and Omega.

Here, disclaiming arguments made in the prosecution of the '408 patent infected the claims of the '974 patent.

See also
http://ipbiz.blogspot.com/2004/09/appeal-of-gemstar-itc-case-decided-by.html

Full post as published by IPBiz on June 25, 2008 (boomark / email).

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