IP Blog

prosecution

Not All Patent Prosecution Disclaimers Are Broadly Construed

Not all patent prosecution disclaimers are broadly construed; rather, in construing patent claim terms disclaimers must be closely aligned to actual arguments made during prosecution.  On March 3, 2017 the Federal Circuit in Technology Properties Limited, et al v. Huawei, again gave guidance on the issue of prosecution history disclaimer. The patent at issue in Technology Properties related to a...

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