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Intellectual Property Law

: FileWrapper

Inventor's prior art patents and prosecution history lead to reversal of claim construction

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

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In a recent decision, the Federal Circuit reversed a district court's grant of summary judgment of noninfringement and invalidity based on inadequate written description. The issue of infringement was reversed based on the district court's incorrect construction of a critical claim limitation. While the court held it was a "close case," it held the patentee had not acted as his own lexicographer and the specification and file history showed a broader construction was appropriate. In addition, a broader construction was supported by usage of the term in prior art patents by the same inventor.

On the written description issue, the court held there was at least a factual issue as to whether limitation at issue, which permitted reinforcement of any portion of a portion of the claimed product, was inadequately described. The court observed that the allegedly limiting language was a "preferred aspect" of the invention, and thus the patentee's experts' testimony that one in the art would interpret the specification as more broadly disclosing the device was sufficient to generate a fact issue. The district court characterized this testimony as "not helpful" when granting summary judgment of invalidity.

More detail of Laryngeal Mask Co. v. Ambu A/S after the jump.

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Full post as published by FileWrapper on October 26, 2010 (boomark / email).