One of the most important sections of a patent specification is the claims. The reason is that the claims define the metes and bounds of patent protection afforded under the patent. For example, the scope of patent protection afforded under a product claim that recites elements a, b and c extends only to a product containing elements a, b and c. If one of the elements is … [Read more...]
A claim defines the metes and bounds of what is protected under a patent. During litigation, the parts and the courts construe and provide definitions to each of the terms and phrases recited in the claim to further refine the scope of patent protection.
The claims define the metes and bounds of patent protection afforded under a patent. The claims can be drafted in many different ways. For example, the claims can recite a method, an apparatus or a product by process. A method claim recites various steps which if performed would infringe the patent. An apparatus claim recites various structures or elements of the apparatus … [Read more...]
The invention of the patent-at-issue is directed to safety syringes which prevent or mitigates accidental needle prickings by medical professionals. On appeal, the patentee contended that the District Court’s claim construction of the terms “immediately”, “relative movement” and “slidably receiving” was in error. The District Court construed “immediately” to require the … [Read more...]
On August 17, 2006, the Federal Circuit decided Conoco, Inc., et al. v. Energy & Environmental International, L.C., et al., Fed. Cir., No. 05-1363, 8/17/06. The patent in suit relates to a drag reducing agents injected into oil and gas pipelines such that more liquid may be pumped more efficiently. The claim recited a process of preparing a drug reducing agent … a … [Read more...]