Intellectual Property
Dec. 10, 2005
Courts Burden Patentees With Sticking to Language of Claim
Focus Column - By Justin Beck, Alfredo Bismonte and Jeremy Duggan - The claims are the legal definition of a patented invention. As the Federal Circuit has said, "The name of the game is the claim." Nevertheless, in patent law, like horseshoes, sometimes "close" counts. A product may be different from what the patent claims, but still infringe, if close enough.




By Justin Beck, Alfredo Bismonte and Jeremy Duggan
The claims are the legal definition of a patented invention. As the Federal Circuit has said, "The name of the game is the claim." Nevertheless, in patent law, like horseshoes, sometimes "close" counts. A pr...
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