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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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