CAFC chides Medtronic for "linguistic gymnastics"
LLC v. Edwards Lifesciences Corp. case:
Medtronic’s proposed meaning of “this application” is
an attempt at linguistic gymnastics and makes little
sense relative to the straightforward, plain language
meaning of the phrase.
As to the appropriate burdens:
The patentee is the person best suited to understand
the genealogy and relationship of her applications; a
requirement for her to clearly disclose this information
should present no hardship. Accord Sticker Indus. Supply
Corp. v. Blaw-Knox Co., 405 F.2d 90, 93 (7th Cir. 1968).
On the contrary, Medtronic’s “reasonable person” test
improperly places the burden of deciphering a priority
claim upon the reader or the public.