Be Cautious With 'Adapted To' And 'Configured To' In Claims

Law360, New York (June 26, 2014, 12:08 PM EDT) -- Patent claim drafting is a challenging exercise that requires balancing potential infringement of the claim against the prior art. A patent practitioner may easily draft a claim of very narrow scope, but if such claim has a low likelihood of being infringed, the value of the claim is extremely diminished.

Analyzing potential infringement of a claim requires consideration of who may be an infringer. An infringer is generally defined as "whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the...

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