October 9, 2013
In Kruse v. Volkswagon (CAFC 2012-1352), the corrupt courts couldn't cotton to a decent claim construction. The disputed term went to combustion. In dissent, CAFC Judge Wallach observed blackletter law with: "The construction that stays true to the claim language and most naturally aligns with the patent's description of the invention will be, in the end, the correct construction." In this case, the CAFC construction violated every principle. Wallach: "A construction that excludes disclosed embodiments, violates the doctrine of claim differentiation, and invalidates a dependent claim cannot stay true to the claim language and the written description of the invention."
Posted by Patent Hawk at October 9, 2013 1:58 AM | Claim Construction