Running on empty – Decision highlights patent drafting danger

Description

Abstract: Patent drafting is as much an art as it is a science. After all, while courts have general rules for interpreting patents — such as the rule that preamble language doesn’t limit a patent’s claims — exceptions exist. This article looks at one recent and particularly relevant example. A sidebar lists circumstances in this case where the court found that disavowal or disclaimer compelled departure from the plain meaning of claim terms. Pacing Technologies, LLC v. Garmin Technologies, Inc., No. 2014-1396, Feb. 18, 2015 (Fed. Cir.)