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Anything You Say May Be Used Against You In A Court Of Law

For patent practitioners, prosecution disclaimer is an often forgotten patent law principle that can find its way back into the formalistic claim construction adhered to in many Federal Circuit decisions. In some cases, patentees may disclaim more than is necessary to overcome cited art during prosecution. That was exactly the case in Technology Properties Ltd. v. Huawei Tech, et al. (Case Numbers 2016-1306, 2016-1307, 2016-1309, 2016-1310, and 2016-1311, Fed. Cir. March 3, 2017) (“Tech. Prop. Ltd.”), where a patentee’s remarks during prosecution ultimately led to narrowing limitations being read into the issued claims. In Tech. Prop. Ltd., Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corp. (“Technology Properties”) asserting U.S. Patent No. 5,809,336 (“‘336 patent”) against several defendants, including Huawei Technologies Co., Samsung Electronics Co., Nintendo Co., and LG Electronics, Inc. (“Appellees”). The ‘336 patent is directed to decoupling a variable frequency system clock connected to a CPU… Continue Reading

May 2017
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