July 9, 2014
The U.S. courts have done their best to limit patent scope and validity within the past decade, in reponse to corporate complaint. The sensible formula of writing a specification in problem-solution form turned into a formula for obviousness without evidence after KSR. In X2Y Attenuators v. ITC (2013-1340), the CAFC affirms another trick: terming a feature as "essential" in the disclosure limits any claim to that feature to the embodiment specifically disclosed. X2Y also created a corrupt precedent, in allowing any claim limitations in earlier applications to leak into a later CIP without claim construction, to argue invalidity. With the courts corrupted to mega-corporate interests, the broken U.S. patent system continues to squash invention by inventors and small companies with caprice.
Posted by Patent Hawk at July 9, 2014 2:11 PM | Claim Construction