Drafting Clearer Patent Claims After Fed. Circ. L'Oreal Ruling

By Philip Hamzik (May 6, 2021, 4:22 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit recently highlighted an important rule of patent claim construction: that claim limitations should be construed in a way that avoids rendering claim terms meaningless or superfluous.

Claim terms are presumed to have their ordinary and accustomed meaning based on the plain language of the claim. However, claim interpretation can be more complicated when a claim limitation has more than one possible construction.

On March 4, in Olaplex Inc. v. L'Oreal USA Inc., the Federal Circuit supported its holding by pointing to its previous decision in 2017 in Wasica Financial GmbH v. Continental...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!