Results for preamble

Intirtool Ltd. v. Texar Corp.

Case Number: CLB0064

Date: 05.10.2004

Intirtool’s patent on pliers for punching and connecting overlapping sheets of metal is not invalid for failing to comply with written description requirement because a claim’s preamble should only be read as limiting when it recites additionally structure or steps underscored as important by the specification. Also, because the Federal Circuit does not read the preamble as a limitation, there cannot be inequitable conduct because there is neither materiality nor falsity. Finally, Intirtool is not barred by latches because the latches clock cannot start until a pantentee has constructive or actual knowledge of an act of infringement that gives rise to a legal claim.

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Jansen v. Rexall Sundown Inc.

Case Number: CLB0015

Date: 09.08.2003

Claims for a method of “treating or preventing” pernicious anemia by administering folic acid and vitamin B12 “to a human in need thereof” are properly construed to require the compound be administered to a human with a recognized need to treat or prevent anemia.

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