The relevance of
original patent application prosecution history in patent
reexamination remains an unsettled issue at the USPTO. As
we discussed last month, the MPEP mandates the application of Phillips v. AWH
Corp . , 415 F.3d 1303; (Fed. Cir. 2005) ( en banc ) with
regard to according a plain...
Silence in Original Prosecution History Used Against
As discussed previously, prosecution
history is applied inconsistently in patent reexamination claim interpretation
analysis . In applying a plain meaning analysis to claim language,
prosecution history is considered as a necessary...
By Matthew Osborne Judge Hilton, in a textbook case of Prosecution History Estoppel ,
granted a fitness equipment manufacturer summary judgment of
non-infringement without breaking a sweat. The 24 page opinion in Fitness Gaming Corp. v. Icon Health & Fitness, Inc. , Case
No. 1:11CV200, 2011...
The Applicability of Prosecution History in a BRI Analysis
Whether in a new patent application or in an issued patent being subject to a post grant review proceeding, the USPTO utilizes a Broadest Reasonable Interpretation (BRI) standard for all patent claims . Under this one-size-fits-all standard...