INFO-HOLD, INC. v. APPLIED MEDIA TECH. CORP. (Fed. Cir. 2015) (P) – Use of the term “preferred” implies that alternatives are contemplated

Use of the term “preferred” when describing example embodiments implies that alternatives are contemplated. Here, for example, the mention in the specification of a “preferred” receive-only manner of communication was found to imply the invention’s ability to operate...

BELDEN INC. v. BERK-TEK LLC (Fed. Cir. 2015) (NP) – Dictionary definitions provide an adequate starting point when the specification does not recite a claim term

Dictionary definitions provide an adequate starting point when the specification does not recite a claim term. Here, for example, the claim term “channel” was found to be adequately characterized by its dictionary definition of “a long gutter, groove, or furrow”...

INEOS USA LLC v. BERRY PLASTICS CORPORATION (Fed. Cir. 2015) (P) – Establishing “criticality” of claimed range can avoid anticipation by broader, overlapping range

It is important to establish the “criticality” of a claimed range to the claimed invention in order to avoid anticipation by a prior art reference disclosing a broader, overlapping range. Here, for example, a lubricant claimed in the amount of 0.05 to 0.5% by weight...

IN RE 55 BRAKE LLC (Fed. Cir. 2015) (NP) – Specifically reciting a member of a claimed “plurality” reduces the number of other members of the plurality

Specifically reciting a member of a claimed “plurality” reduces the number of other members of the plurality that need to be present to meet the claim limitation. Here, for example, reciting that “one of said plurality of sensors is a vehicle motion sensor” was found...

VASUDEVAN SOFTWARE, INC. v. TIBCO SOFTWARE, INC. (Fed. Cir. 2015) (P) – Proper grammar is essential in both claim drafting and other statements relevant to claim interpretation

Proper grammar is essential in both claim drafting and other statements that may be used to construe the claims, such as arguments made during prosecution. Here, for example, the patentee argued during prosecution that “disparate” databases referred to an “absence of...