Patent Prosecution Update
March 2013
A Claim Construction Excluding the Preferred Embodiment Is “Rarely, If Ever, Correct”
Patent applications that describe a “preferred embodiment” often include claims directed to that embodiment. After all, if an embodiment is “preferred,” it is likely worthy of claim coverage. Nevertheless, applicants are not required to focus their claims on a preferred embodiment; they are free to claim any alternative embodiments described in the specification. More
In re EMC Corp.: the Federal Circuit Offers Thoughts on Joinder and Transfer in Multidefendant Litigations
On January 29, 2013, the U.S. Court of Appeals for the Federal Circuit issued its second mandamus decision in In re EMC Corp., 2013 WL 324154 (Fed. Cir. Jan. 29, 2013) (“EMC II”). While affirming the denial of a motion to transfer from the U.S. District Court for the Eastern District of Texas, the court offered judges and litigants helpful guidance on the appropriate time frame to decide motions to transfer. More
A Claim Construction Excluding the Preferred Embodiment Is “Rarely, If Ever, Correct”
Patent applications that describe a “preferred embodiment” often include claims directed to that embodiment. After all, if an embodiment is “preferred,” it is likely worthy of claim coverage. Nevertheless, applicants are not required to focus their claims on a preferred embodiment; they are free to claim any alternative embodiments described in the specification. More
In re EMC Corp.: the Federal Circuit Offers Thoughts on Joinder and Transfer in Multidefendant Litigations
On January 29, 2013, the U.S. Court of Appeals for the Federal Circuit issued its second mandamus decision in In re EMC Corp., 2013 WL 324154 (Fed. Cir. Jan. 29, 2013) (“EMC II”). While affirming the denial of a motion to transfer from the U.S. District Court for the Eastern District of Texas, the court offered judges and litigants helpful guidance on the appropriate time frame to decide motions to transfer. More
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Eric P. Raciti, Editor-in-Chief
Rebecca Harker Duttry, Associate Editor
Elizabeth A. Doherty, Ph.D., Associate Editor
Eric P. Raciti, Editor-in-Chief
Rebecca Harker Duttry, Associate Editor
Elizabeth A. Doherty, Ph.D., Associate Editor
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