Protecting Claim Scope: Lessons from Poly-America, L.P. v. API Industries, Inc.
- Nov 28 2016 |
- Category: News
By:David Lee and Adil Ahsanuddin
On October 14, 2016, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a claim construction in Poly-America, L.P. v. API Industries, Inc., No. 2016-1200, slipop. at 2 (Fed. Cir. Oct. 14, 2016) that resulted in complete non-infringement. The case is yet another reminder that claim scope is hotly contested in patent enforcement efforts and should be carefully protected. Notably, the claim construction at issue relied heavily on the patent specification itself and only slightly on prosecution history. Thus, protection of claim scope starts from the inception of patent application drafting.