Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Continental Circuits LLC v. Intel Corp.

Statements Regarding “The Present Invention” Insufficient to Limit Claims

Continental Circuits LLC v. Intel Corp., __ F.3d __, 2019 WL ___ (Fed. Cir. Feb. 8, 2019) (LOURIE, Linn, Taranto) (D. Ariz.: Campbell) (2 of 5 stars)

Fed Cir vacates stipulated judgment of noninfringement. Continental’s patents relate to a semiconductor product with a “tooth structure” that mechanically grips the various layers. The district court erred in limiting the claims to require a certain process (“double desmearing”) that, though recited in the specification, was not expressly recited in the claims. The opinion discusses various portions of the specification discussing “desmearing” and reasons that none of them limit the scope of the invention as a whole, including statements introduced by, “The present invention [can be carried out via double desmearing],” or “the present invention differs from the common desmear process [via double desmearing].” Op. at 14. It notes that “the present invention” is used in some places in such a way that does not “uniformly require use of a repeated desmear process,” and that the term “desmear” does not appear in the summary of the invention at all. The opinion similarly finds no clear disavowal in the file history. For similar reasons, the district court also erred in reading the process limitation of double desmearing into product claims.

KEYWORDS: CLAIM CONSTRUCTION; NONINFRINGEMENT (NO)