Intellectual Property Boston College Law School March 2, 2007 Patent – Infringement

Infringement 35 U.S.C. § 271 –“(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.”

Patent No. 5,205,473

“What is claimed is: –1. A recyclable, insulating beverage container holder, comprising: a corrugated tubular member comprising –cellulosic material and at least a first opening therein for receiving and retaining a beverage container, said corrugated tubular member comprising fluting means for containing insulating air; said fluting means comprising fluting adhesively attached to a liner with a recylable adhesive

Phillips v. AWH We claim: –1. Building modules … comprising in combination, an outer shell …, sealant means … and further means disposed inside the shell for increasing its load bearing capacity comprising internal steel baffles extending inwardly from the steel wall shells

Sources of Interpretation Claim language Patent specification Prosecution history Extrinsic evidence –Expert testimony –Dictionaries –Treatises

Canons of Construction Relationship of claims to specification –Can refer to specification for express definition –Can refer to specification where ambiguity Claim differentiation –Interpret so as to avoid redundant claims Presumptions about breadth –Interpret to preserve validity –Where two equally valid, adopt narrower one

Larami v. Amron SuperSoaker 200‘129 Patent Claim 1: “[a] toy comprising an elongated housing [case] having a chamber therein for a liquid [tank], a pump including a piston having an exposed rod [piston rod] … facilitating manual operation for building up an appreciable amount of pressure in said chamber for ejecting a stream of liquid therefrom …”

Administrative Assignment for next class –Read through IV.C.3 – Doctrine of Equivalents