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...
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