A Little-Known Tool To Keep Patent Holders Honest

Law360, New York (October 09, 2013, 5:06 PM ET) -- It has long been the case that statements made to the U.S. Patent and Trademark Office during patent prosecution can limit the breadth of an issued patent’s claims. It would be quite difficult, in fact, to find a patent litigator who has not quoted the U.S. Supreme Court’s circa 1886 statement that patent claims are not to be treated like a “nose of wax,” twisting them one way to avoid prior art, when before the USPTO, and then twisting them in another direction to capture accused...
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