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16 hours agoProsecution Disclaimer Across Time: Later Continuation Statements Limit Already-Issued Patents
In Barrette Outdoor Living, Inc. v. Fortress Iron, LP, No. 2024-1231 (Fed. Cir. Oct. 17, 2025), the FedCir affirmed a non-infringement judgment based on prosecution disclaimer, holding that statements made during prosecution of a later-filed continuation application limited the scope of already-issued patents from the same family. This reinforces a similar holding in Teva Pharms. USA, Inc. v. Sandoz, Inc., 789 F.3d 1335 (Fed. Cir. 2015) (statements in prosecution files of related patents are relevant to claim construction "regardless of whether the statement pre- or post-dates the issuance of the particular patent at issue.").
Intellectual property law