ITC Confirms that a Disclaimer from a Later Patent Applies to the Same Term in an Earlier Related Patent
Briefly

from Global IP & Technology Law Blog1 month ago
The ITC concluded that a term's interpretation in earlier patents is constrained by disclaimers made during the prosecution of later related patents, ensuring clarity.
Global IP & Technology Law Bloghttps://www.iptechblog.com/2024/12/itc-confirms-that-a-disclaimer-from-a-later-patent-applies-to-the-same-term-in-an-earlier-related-patent/
Assertions from the prosecution of a later patent can limit the scope of claims in earlier patents, impacting infringement assessments under Section 337.
Global IP & Technology Law Bloghttps://www.iptechblog.com/2024/12/itc-confirms-that-a-disclaimer-from-a-later-patent-applies-to-the-same-term-in-an-earlier-related-patent/
The case underscores the significance of patent prosecution history, where applicants' statements can redefine the understanding and enforcement of patent terms.
Global IP & Technology Law Bloghttps://www.iptechblog.com/2024/12/itc-confirms-that-a-disclaimer-from-a-later-patent-applies-to-the-same-term-in-an-earlier-related-patent/
Failure to recognize disclaimers made in related patents might result in broader interpretations of earlier patent claims, complicating Section 337 evaluations.
Global IP & Technology Law Bloghttps://www.iptechblog.com/2024/12/itc-confirms-that-a-disclaimer-from-a-later-patent-applies-to-the-same-term-in-an-earlier-related-patent/
Read at Global IP & Technology Law Blog
#patent-law #itc #section-337 #patent-prosecution #infringement
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