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Federal Circuit· 4/16/2013

Biogen Idec, Inc. v. GlaxoSmithKline LLC

Citations

  • 713 F.3d 1090
  • 106 U.S.P.Q. 2d (BNA) 1397
  • 2013 WL 1603360
  • 2013 U.S. App. LEXIS 7550

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discussing prosecution history disclaimer, including that qualifying statements “can take the form of either amendment or argument”
  • An applicant “can challenge an examiner’s characterization [of the claims] in order to avoid any chance for disclaimer.... ”
  • \[T]he entirety of a patent's file history captures the public record of the patentee's representations concerning the scope and meaning of the claims.\
  • “[T]he entirety of a patent’s file history captures the public record of the patentee’s representations concerning the scope and meaning of the claims.”
  • “Our cases make clear, however, that where found, prosecution history disclaimer can overcome the presumption of claim differentiation.”
  • “Our cases make clear, however, that where found, prosecution history disclaimer can overcome the presumption of claim differentiation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dyk, Plager, Reyna

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.