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Article: Federal Circuit Pitches Claim Construction Curve Ball Rules.
- Article from:
- Mondaq Business Briefing
- Article date:
- May 2, 2006
CopyrightCOPYRIGHT 2006 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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Revisiting the rule that claims may not be construed with reference to the accused device, the U.S. Court of Appeals for the Federal Circuit declined to provide its own claim construction, choosing instead to highlight flaws in the district court's construction because the record on appeal did not provide a description of the accused product. Wilson Sporting Goods Co. v. Hillerich & Bradsby Co. Case No. 05-1103 (Fed. Cir. Mar. 23, 2006) (Rader, J.).
The patent at issue was directed to a softball bat incorporating interior structural members to improve the bat's impact response. The claim construction dispute focused on the claim terms "gap" and "insert." The ...