Claim Interpretation. Intro to IP – Prof Merges 1.29.09. Determining Literal Infringement. “Accused Device I”. “Accused Device II”. Material Elements. Rotating handle at end of bar. Cutting element attached to bar. Base, with passageway. U-shaped bar. Claimed Invention.
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Intro to IP – Prof Merges
at end of bar
attached to bar
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Although we have emphasized the importance of intrinsic evidence in claim construction, we have also authorized district courts to rely on extrinsic evidence, which “consists of all evidence external to the patent and prosecution history, including expert and inventor testimony, dictionaries, and learned treatises.” Markman, 52 F.3d at 980.
We have frequently stated that the words of a claim “are generally given their ordinary and customary meaning.” Vitronics . . . .
[T]he methodology [Texas Digital] adopted placed too much reliance on extrinsic sources such as dictionaries, treatises, and encyclopedias and too little on intrinsic sources, in particular the specification and prosecution history. -- 795
[T]here will still remain some cases in which it will be hard to determine whether a person of skill in the art would understand the embodiments to define the outer limits of the claim term or merely to be exemplary in nature. While that task may present difficulties in some cases, we nonetheless believe that --
[A]ttempting to resolve that problem in the context of the particular patent is likely to capture the scope of the actual invention more accurately than either strictly limiting the scope of the claims to the embodiments disclosed in the specification or divorcing the claim language from the specification.
“There is sometimes a fine line between reading a claim in light of the specification, and reading a limitation into the claim from the specification.”
“Much of the time, upon reading the specification [from the perspective of a PHOSITA], it will become clear whether the patentee is setting out specific examples of the invention to [teach how to make and use the invention], or whether the patentee instead intends for the claims and the embodiments in the specification to be strictly coextensive. The manner in which the patentee uses a term within the specification and claims usually will make the distinction apparent.”
“[T]here is no magic formula”
•not about procedure or what evidence may be considered
“what matters is for the court to attach the appropriate weight to be assigned to those sources in light of the statutes and policies that inform patent law”
•subject to de novo review
Extrinsic sources may not be “used to contradict claim meaning that is unambiguous in light of the intrinsic evidence”
I claim –
1. “. . . Said body having a tank therein for storing said water . . .”
Exclusive market space
Larami’s competing product – external tank
Doctrine of Equivalents
Doctrine of Equivalents
No Infringement under DOE
Accused Product: pH of 5.0 – can Hilton-Davis assert infringement under DOE?
The invention is concerned with a magnetically coupled arrangement for a driving and a driven member, which arrangement is operable by a pressure medium and is used in a conveying system. A slidable piston (16) within a tube (10) has an arrangement of annular magnets (20) provided at each end with sealing and sliding members (24, 26). A driven assembly (18) slidable on the outer surface of the tube (10) has an arrangement of annular magnets (32) corresponding to the magnets (20) and provided at each end with a sliding ring (44). The members (24, 26, 44) prevent ingress of foreign bodies to the magnet locations, and consequently enable the spacing between the magnets and the tube (10) to be very small. A good magnetic coupling is achieved resulting in effective transmission of power. Several pistons (16) abutting one another can be used for conveying heavy loads.
Inventors: Stoll; Kurt (Lenzhalde 72, D-7300 Esslingen, DE) Appl. No.: 153999Filed: May 28, 1980