Quote for the day

In Spine Solutions, Inc. v. Medtronic Sofamor Danek USA, Inc., we explained that even where a particular structure makes it “particularly difficult” to obtain certain benefits of the claimed invention, this does not rise to the level of disavowal of the structure. 620 F.3d 1305, 1315 (Fed.Cir.2010). It is likewise not enough that the only embodiments, or all of the embodiments, contain a particular limitation. We do not read limitations from the specification into claims; we do not redefine words. Only the patentee can do that. To constitute disclaimer, there 1367*1367 must be a clear and unmistakable disclaimer.

Thorner v. Sony Computer Entertainment America LLC, 669 F. 3d 1362, 1366-67 (Fed. Cir. 2012).

Comments are closed.