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Patentee cannot recapture claim scope disavowed during prosecution to prove infringement

By McKee, Voorhees & Sease, P.L.C.

In a decision Friday, the Federal Circuit affirmed a district court's claim construction and its concomitant grant of summary judgment of noninfringement, as well as its denial of attorney fees under § 285.  The district court held the patentee had, during prosecution of the patent at issue, made a clear and unmistakable disavowal of claim scope, and as a result, under the doctrine of prosecution disclaimer, the accused devices could not fall within the scope of the claims.  The district court also held that the case was not exceptional, and therefore attorney fees were not warranted.

The Federal Circuit agreed with the district court, finding application of prosecution disclaimer appropriate, affirming the summary judgment of noninfringement.  The court further agreed that the case was not exceptional, and therefore affirmed the denial of attorney fees to the defendants.

More detail of Computer Docking Station Corp. v. Dell, Inc. after the jump.

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Full post as published by FileWrapper on March 24, 2008 (boomark / email).