Fed. Circ. Weighs In On Prosecution Disclaimer In IPR

Law360, New York (June 19, 2017, 11:51 AM EDT) -- In a recent decision, the U.S. Court of Appeals for the Federal Circuit held that statements made by patentees during an inter partes review can constitute prosecution disclaimer. Under the concept of prosecution disclaimer, a patentee cannot clearly and unmistakably disclaim a certain meaning for its patent claims during prosecution and then try to recapture this same meaning during claim construction in subsequent litigation. Prosecution disclaimer can be thought of as a type of estoppel. The patentee is estopped from taking a position inconsistent with its...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.