1 Patent Doctrine, 2 Divergent Fed. Circ. Decisions

Law360, New York (October 21, 2011, 11:47 AM EDT) -- Rarely do a single day’s precedential opinions from the Court of Appeals for the Federal Circuit expose doctrinal differences within the court so starkly. But those of Oct. 6, 2011, do. In decisions authored respectively by Circuit Judges Kimberly Moore and Sharon Prost, one seemingly well-established doctrine leads to two opposite results.

In two decisions issued that day, the parties contested whether claim language reads on a system that contains more features than the claims specify. As patent litigators and prosecutors know, the general rule is...
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