In the past 10 months, the issue of proving negative claim limitations has cropped up on appeals to the Federal Circuit. At least three panels of the Federal Circuit have addressed the issue, to one degree or another. Each panel has contributed, to some extent, to an understanding of the law. In dealing with the issue, each panel cited no precedent for doing so. Curiously, all three decisions were designated as nonprecedential. The negative claim limitations issue is one that is almost certain to recur. Perhaps the next time the issue comes up, the decision ought to be precedential, and therefore, binding.
Recent Posts
- Other Barks and Bites for Friday, December 6: GAO Releases Third-Party Litigation Funding Report; PQA Must Identify Members in VLSI Patent Litigation; CAFC Issues Two Precedential Decisions
- Newman Makes Another Bid to Reverse Suspension from CAFC
- CAFC Delivers Win for Meta in Precedential Decision
- USPTO Officially Withdraws Terminal Disclaimer Proposal
- Judge Newman’s Suspension by the CAFC Has Marred Public Faith in the Federal Judiciary