by Steve Driskill | Aug 30, 2013 | [sub] claim differentiation, Claim Interpretation
The PTO’s differential treatment of different claims can be used to “provid[e] the district court with the expert view of the PTO” in construing those claims that survive examination. Background / Facts: The patent at issue here covers a system of mass messaging in...
by Steve Driskill | Jan 28, 2013 | [sub] claim differentiation, Claim Interpretation
While couched in terms of being your own lexicographer, this case mainly illustrates the broader point that intrinsic evidence trumps extrinsic evidence in claim construction. Perhaps most importantly, I think the patentee’s use of dependent claims to set up the...
by Steve Driskill | Aug 1, 2012 | [sub] claim differentiation, Claim Interpretation
The patentee may have gotten away with one here when they failed to provide alternative embodiments in the specification for a broad claim term. It is always good practice to provide multiple examples in the specification for every term you claim more broadly, and...
