Monday, September 10, 2007

Another district court claim construction reversed by CAFC

In Gillespie v. Dywidag, the claims of the patentee were directed to a mine roof bolt, and the claim construction of the district court was overturned based on prosecution history estoppel.

Of estoppel, the CAFC noted that the patentee is held to what he declares during the prosecution of the patent, citing North American Container, 415 F.3d 1335. The CAFC also cited Springs Window Fashions, 323 F.3d 989.


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