Liquid Dynamics Corp. v. Vaughan Co.

Case Number: CLB0035

Date: 01.23.2004

Citation: 69 USPQ2d 1595 (Fed. Cir.)

In construing claims, it is erroneous to consider intrinsic evidence outside of the claim language (written description, figures, and the prosecution history) if the claim language is clear and its meaning is not contradicted by the written description; the word “substantial” implies “approximate”, and may be used in patent claims to avoid a strict numerical boundary; upon finding non-infringement a District Court may either hear an invalidity counterclaim or dismiss it without prejudice.

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