Publications & Media

Federal Circuit Court Decisions For Week Ending September 29, 2017

In re Smith International, Inc., No. 2016-2303 (September 26, 2017) (precedential, 3-0) Patent No. 6,732,817

Key point(s):

  • In determining the broadest reasonable interpretation in light of the specification, the inquiry is not whether the specification precludes a broad reading of the claim term. The interpretation should correspond with the description of the invention specification.

Jang v. Boston Scientific Corp., Nos. 2016-1275, 2016-1575 (September 29, 2017) (precedential, 3-0) Patent No. 5,922,021

Key point(s):

  • For a patent holder to meet the burden of proof in an ensnarement analysis of infringement under the doctrine of equivalents, a hypothetical claim drafted by the patent holder must not narrow the claim and must broaden the claim. A court has no obligation to do an ensnarement analysis if such a hypothetical claim is not provided.