Executive Summary1 min read
Key Takeaways
- In this PTABCast episode, Craige discusses a dispute over how to properly construe a single word in a patent claim: “couple.”
- That one word had to be interpreted twice by the Patent Office, twice by the Federal Circuit, and once by a District Court, and its construction determined whether the patent was valid or invalid.
- Adding one clarifying word to the claim at drafting time could have avoided millions of dollars in litigation expenses.
The Bottom Line: A single ambiguous claim term can single-handedly decide a patent’s validity, so precise, unambiguous claim drafting up front can save enormous litigation costs later.
Summary: Did the word “couple” really need to be interpreted twice by the PTO, twice by the Federal Circuit, and once by the District Court?
In today’s IPR PTABCast, Craige explains how the proper constructions of a single word can toggle a patent between validity and invalidity, and what you can do to avoid millions of dollars of litigation expenses by adding one clarifying word.
Questions? If you would like to get your patent questions answered and be part of the show, Thompson Patent Law has a LIVE complimentary webinar called Ask The Patent Attorney. Call the number below and reserve your spot in this LIVE teaching event.
