Product-by-process analysis dooms challenged patent
Abstract: The U.S. Court of Appeals for the Federal Circuit has invalidated a previously issued patent based on what it deemed a “product-by-process” claim. This article reviews the court’s finding that it wasn’t enough that the process part of the claim was different from existing processes — the product part also needed patentable differences. Kamstrup A/S v. Axioma Metering UAB, No. 21-1923 (Fed. Cir. Aug. 12, 2022).