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· 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 CourtListener

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.