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Article: Federal Circuit En Banc Rehearing Likely To Clarify Method For Claim Construction.
- Article from:
- Mondaq Business Briefing
- Article date:
- September 1, 2004
CopyrightCOPYRIGHT 2004 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In what may lead to a clarifying opinion regarding patent claim construction, the U.S. Court of Appeals for the Federal Circuit agreed to rehear, en banc, an appeal previously decided by a three-judge panel. Phillips v. AWH Corporation, et al., Case Nos. 03-1269, 1286 (Fed. Cir. July 21, 2004) (Mayer, C.J.).
The April 8, 2004 panel decision of the Federal Circit affirmed the district court's summary judgment of non-infringement by AWH of Phillips' wall modules. The district court based its decision on the term "baffle," a claimed element of the wall module. The district court, relying only on the embodiment in the specification, construed the term to mean a ...