One of the defenses available to an accused infringer is that the asserted patent claims are invalid for indefiniteness. The Patent Statute requires that the claims of a patent “particularly point[] out and distinctly claim[] the subject matter which the applicant regards
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In last month’s blog, we discussed the Federal Circuit’s decision in X2Y Attenuators, LLC. V. International Trade Commission, a case which demonstrated how limiting descriptions of an invention in a patent specification can be used to restrict the scope of otherwise facially
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In our experience, many patent cases are actually a tale of two cases: The case based on the patent holder’s interpretation and application of the claims and the case based on the accused infringer’s interpretation and application of the claims. Both cases
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On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of patent infringement defendants to invalidate patents via the
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