Insights

Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.

Tagged prosecution disclaimer · clear

Sounding Off: Prosecution Disclaimer Requires Unambiguous Intrinsic Evidence

GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous disavowal within the intrinsic record.…

April 4, 2022Federal Circuit2 min read

Statements Made in an IPR Can Lead to Prosecution Disclaimer

Written by David J. Grant and Nathanael Luman, Ph.D. The Federal Circuit held that statements made by a patent owner in an IPR, whether before or after institution, can be considered during claim construction in district court litigation and relied upon to…

May 23, 2017PTAB1 min read