lead to different results in patent reexamination and district court litigation
During district court patent infringement litigation between
Baxter and Fresenius, Fresenius requested reexamination of Baxter's patents
relating to hemodialysis machines with touch screen interfaces...
It would be so nice if something
made sense for a change - Alice (in Wonderland)
Earlier this week, the BPAI affirmed the rejection of
certain means-plus-function claims of patent 5,283,862 in Ex
Parte Lund (BPAI 2010-005851). Claim 1 recites the following
A portable computer unit...
DOES THE ORIGINAL
PROSECUTION HISTORY FACTOR INTO A BROADEST REASONABLE
It is well established that a
broadest reasonable interpretation (BRI) claim analysis is applied in
both the prosecution of patent applications as well as in patent
reexamination proceedings. In...
Cancellation of Dependent Claim Deemed "Amendment in Effect"
If claims, as amended in a post grant proceeding, are not substantially identical in scope relative to the previously issued claims, potential infringers of the amended claims may be provided with an intervening rights defense...