Home -> Law Blog Directory -> Intellectual Property Law Blogs -> FileWrapper

Intellectual Property Law

: FileWrapper

Term defined in specification limited even though partially characterized as exemplary

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Federal Circuit vacated and remanded a limited exclusion order by the International Trade Commission.  The ITC entered an exclusion order that prevented importation of products produced by a method that infringed two patents.

The Federal Circuit vacated the finding of infringement, holding that under the correct claim construction, there was no literal infringement.  The court held that the patentee defined the term in dispute in the specification of the patent, and applied that definition to the claim, even though part of the definition was characterized as exemplary.  The court remanded for the ITC to determine whether there was infringement under the doctrine of equivalents.  Judge Newman dissented, arguing that the panel majority improperly narrowed the scope of the claims in a manner inconsistent with the specification, and that excluded several of the listed examples.

More detail of Sinorgchem Co. v. Int'l Trade Comm'n after the jump.

[More]

Full post as published by FileWrapper on December 28, 2007 (boomark / email).