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The Federal Circuit Analyzes the Disavowal Exception to the General Claim Construction Rule

The Federal Circuit Analyzes the Disavowal Exception to the General Claim Construction Rule

On October 14, 2016, in Poly-America, L.P. v. API Industries (Appeal No. 16-1200, Fed. Cir. October 14, 2016), the Court of Appeals for the Federal Circuit (?Ç£the CAFC?Ç¥) analyzed and applied one of two exceptions to the general claim construction rule that claim terms are generally given their ordinary and customary meaning. ?áPhillips v. AWH Corp., 415 F.3d 1303, 1312?Çô13 (Fed. Cir. 2005) (en banc). ?áThis one exception states that the plain and ordinary meaning standard [of claim construction] is departed from when the patentee disavows the full scope of the claim term in the specification or during prosecution. Hill-Rom Servs., Inc. v. Stryker Corp., 755 F.3d 1367, 1371 (Fed. Cir. 2014). The question before the CAFC in Poly-America was whether any of the terminology in the asserted patent, or any of patentee?ÇÖs actions during its prosecution, could be interpreted as a disavowal of claim scope.?á In answering this question,… Continue Reading

Reminder: Transitional Reinsurance Program Submission Due November 15

The 2016 enrollment count submission under the Transitional Reinsurance Program is due November 15, 2016. The submission may be completed via www.pay.gov. The U.S. Department of Health and Human Services offers the option to pay the 2016 reinsurance contribution in one payment due by January 17, 2017, or two payments due by January 17, 2017 and November 15, 2017.

November 2016
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