Topic: the purpose of consulting the prosecution history in constr… · Go Syfert
← All topics

Topic #908

7 canonical passages across 7 cases, quoted by 31 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Rhodia Chimie & Rhodia, Inc. v. PPG Industries Inc..

#Case FlagCanonical passage Citers
1 Rhodia Chimie & Rhodia, Inc. v. PPG Industries Inc. Anchor
cafc · 2005
green “the purpose of consulting the prosecution history in construing a claim is to exclude any interpretation that was disclaimed during prosecution.” 6
2 Alcon Research, Ltd. v. Apotex Inc.
cafc · 2012
green “it is axiomatic that a dependent claim cannot be broader than the claim from which it depends.” 6
3 Continental Circuits LLC v. Intel Corporation
cafc · 2019
green “to disavow claim scope, the specification must contain expressions of manifest exclusion or restriction, representing a clear disavowal of claim scope.” 5
4 Edwards Lifesciences LLC v. Cook Inc.
cafc · 2009
green “hen the preferred embodiment is described in the specification as the invention itself, the claims are not necessarily entitled to a scope broader than that embodiment.” 4
5 Thorner v. Sony Computer Entertainment America LLC
cafc · 2012
green “we do not read limitations from the specification into claims” 4
6 Curtiss-Wright Flow Control, Corp. v. Velan, Inc.
cafc · 2006
green “eading an additional limitation from a dependent claim into an independent claim would not only make that additional limitation superfluous, it might render the dependent claim invalid.” 3
7 Versa Corporation v. Ag-Bag International Limited
cafc · 2004
green “the doctrine of claim differentiation creates a presumption that each claim in a patent has a different scope.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check