May 6, 2014

Federal Circuit Decisions for Week Ending May 2, 2014

GE Lighting Solutions, LLC v. AgiLight, Inc., No. 2013-1267 (May 1, 2014) precedential (3-0), Patent Nos. 7,160,140, 7,520,771, 7,832,896 and 7,633,055

Key points:

  • Deviation from the plain meaning of a term in a claim may be compelled when the patentee acts as its own lexicographer or the patentee disavows the plain meaning.
  • A court should not construe claims in a manner that would exclude the preferred embodiment unless there is probative evidence to the contrary.

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