Search results for Claim Construction

Williamson Found Its Mark: New Data on Functional Claim Language, 1976-2026

How Federal Circuit decisions reshaped patent claim drafting: fifty years of data show the rise of 'configured to' and the post-Williamson turn. Continue reading this post on Paten...

Plain, Ordinary, and Unresolved: Woodway’s Two-Front Claim Construction Fight

At Woodway's twin Federal Circuit arguments, plain and ordinary meaning deferred the scope fight, which returned as standard of review and disclaimer. Continue reading this post on...

Court Finds That No Claim Term Requires Construction Beyond Plain & Ordinary Meaning

Seasonal Specialties, LLC v. Holiday Designs, LLC, No. 1:23-cv-14008 (N.D. Ill. Dec. 22, 2025) (Kness, J.). Judge Kness ruled on claim construction in a patent dispute over pre-lit...

Twice Ambiguous: Actelion v. Mylan and the Contextual Reading of pH 13

Federal Circuit affirms standard-temperature reading of 'pH of 13' claim term; DOE blocked by prosecution estoppel and disclosure-dedication. Continue reading this post on Patently...

It’s Not You, It’s Your Claims: Disclosed but Unclaimed Embodiments at the Federal Circuit

Federal Circuit: receiving a passcode and token separately is not receiving the password. Dynapass v. BofA and the unclaimed embodiment. Continue reading this post on Patently-O.

Court Construes Claim Terms for Hands-Free Breast Milk Pump

Dao Health v. Shenzhen Lutejiacheng Technology Co., Ltd., No. 23 C 4885 (N.D. Ill. Dec. 12, 2025) (Durkin, J.) Judge Durkin construed seven disputed terms across three patents invo...

Federal Circuit Patent Watch: Distinction Between Result-Oriented Claims and Claims Covering a Concrete Implementation M...

Precedential and Key Federal Circuit Opinions - CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS INC. [OPINION] (2024-1822, 04/28/2026) (Lourie, Stoll, Oetken, D.J.) - Stoll, J.  T...

Train Co.'s Claim Construction Dodge Ended IPRs

Westinghouse Air Brake Technologies Corp.'s attempt to rely on other parties' claim constructions doomed its challenges to Railware Inc. railway traffic control patents, according...

Words of Approximation: Why “About” and “Substantially” Are Slipping Out of Patent Claims

Federal Circuit affirms "about" is indefinite in Enviro Tech v. Safe Foods, where the specification gave conflicting guidance on pH variance. Continue reading this post on Patently...

REAs vs. Claims: A Government Contractor’s Guide to Choosing the Best Path

The Precedent: Federal Circuit Reverses Indefiniteness Ruling on Means-Plus-Function Analysis in Gramm v. Deere & Co...

In Gramm v. Deere & Co., the Federal Circuit reversed a district court’s judgment that the key claim in a combine‑header control patent was indefinite....By: Vorys, Sater, Seym...

Protecting a Performance Bond: Lessons from CR Construction UK v Barclays Bank plc

In this Insight, Marcus Birch considers the case of CR Construction (UK) Limited v Barclays Bank plc [2026] EWHC 202 (TCC) which concerned an unsuccessful application by a contract...

Cheap Text, Expensive Claims: Fee Asymmetry and the Growing Patent Document

Patent specs nearly quadrupled while claim counts fell since 2005. A new study finds supply-side economics, not Alice, driving the growth. Continue reading this post on Patently-O.

Every Word Will Be Attacked: What Founders Need to Know About Patent Language

A single word appeared 241 times in Enviro Tech’s patent specification. The word was “about.” Not once was it defined. In May 2026, the Federal Circuit invalidated all 27 asserted...

Federal Circuit Provides Guidance on Usage of "Words of Approximation"

In a short but precedential opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the invalidation of certain asserted claims of U.S. Patent No. 10,912,321 (the “'321...

Great Expectations/Manifest Destiny: The Doctrines of Reasonable Expectations and Manifest Disregard in RWI Policy Claim...

When pursuing a representations and warranties insurance (“RWI”) claim, an insured will sometimes be confronted with a contradictory policy provision or rule of law, or both. In su...

CAFC Distinguishes ‘Results-Oriented’ Claims from Claims with ‘Specificity and Structure’ in Eligibility Analysis

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Constellation Designs, LLC v. LG Electronics Inc., vacating in part and affirming i...

Managing Document Discovery in Construction Disputes

Construction projects by their nature tend to be document intensive. This is a function of how the industry delivers projects: An owner traditionally hires an architect or engineer...

Let’s Talk “About”. . . That Bird?

Much ink has been spilled over the meaning of “about” when used to characterize an amount or a range recited in a patent claim. Sometimes the patent explicitly defines “about,” som...

Much Ado About “About”

Recent decisions across the Federal Circuit and district courts reflect a tightening approach to approximation in patent claims. In Enviro Tech Chemical Services, Inc. v. Safe Food...

No Numbers Required: N.D. Illinois Upholds “Qualitative” Patent Claims Against Indefiniteness Challenge

The Northern District of Illinois granted a summary judgment motion of no invalidity based on indefiniteness because the qualitative terms like “sufficiently slow” and “desired per...

A Fed. Circ. Blueprint For Drafting Medical Device Patents

The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical go...

Teva v. Lilly -- Clarifies Written Description of Method Claims Involving A Genus

The Federal Circuit recently clarified its written description jurisprudence concerning claims directed to methods of using a genus. Teva Pharms. Int’l GmbH v. Eli Lilly & Co.,...

Factual Stipulations May Simplify Discovery, but Also Help Plaintiff Navigate Difficult Issues of Fact and Law

VLSI TECHNOLOGY LLC v. INTEL CORP. - Before Moore, Chen, and Kleeh.  Appeal from the United States District Court for the Northern District of California. The Federal Circuit rever...