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January 17, 2014

System Claims

Arrogant conceit is a common occupational hazard of Federal district court judges; what the appeals court more benignly observes as "an ambiguity on the grounds for decision." So it was with Judge Donovan W. Frank in Minnesota, who appears to know nothing about patent law. More particularly, "the stipulated judgment provided no factual context for the claim construction issues presented by the parties." Frank flunked by reading the spec into the claims, and by not knowing what a system claim was. On appeal, CAFC chief Judge Rader condescends to point out blackletter law: "a system claim generally covers what the system is, not what the system does." (Superior Industries v. Masaba (CAFC 2013-1302))

Posted by Patent Hawk at January 17, 2014 2:09 PM | Claim Construction