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Narrow Claim Construction Goes Down The Drain.

Publication: Mondaq Business Briefing
Publication Date: 11-MAR-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Reversing a summary judgment of non-infringement based on a claim construction that excluded a disclosed embodiment, the U.S. Court of Appeals for the Federal Circuit, finding no disclaimer or estoppel during prosecution, vacated the district court claim construction and remanded the case. Oatey Co. v. IPS Corp., Case No. 07-1214 (Fed. Cir., Jan. 30, 2008) (Newman, J.).

The patented invention concerns washing machine outlet boxes to...

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