· 8/18/2000
Kcj Corporation v. Kinetic Concepts, Inc. And Kci Therapeutic Services, Inc.
Citations
- 223 F.3d 1351
- 55 U.S.P.Q. 2d (BNA) 1835
- 2000 U.S. App. LEXIS 20963
- 2000 WL 1165522
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that \KCJ's statements [during prosecution] reflect a clear and unmistakable surrender\ of subject matter that cannot be reclaimed through the doctrine of equivalents
- holding that even where the embodiments suggest a single element, such a limitation will not be imposed if the claim language is broader than the embodiments
- “Whether the accused device contains each claim element exactly or its equivalent is a question of fact,” but one on which summary judgment may nevertheless be appropriate
- “Literal infringement of a claim occurs when every limitation recited in the claim appears in the accused device, i.e., when ‘the properly construed claim reads on the accused device exactly.’ ”
- “[P]rosecution history ‘limits the interpretation of claims so as to exclude any interpretation that may have been disclaimed or disavowed during prosecution in order to obtain claim allowance.’”
- “[A patent] may disclaim . . . a plural 10 interpretation and thus lose the benefit of the customary meaning of indefinite articles in patent 11 claims.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Plager, Clevenger, Rader
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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