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ARTICLE · 29 AUGUST 2014

Characterization As "Essential Element" Amounts To A Disavowal Of Scope

X2Y Attenuators filed a complaint in the ITC accusing Intel of unlawful importation of products that infringed X2Y’s patents.

United StatesIntellectual Property

X2Y Attenuators, LLC v. International Trade Commission

Addressing the impact of an alleged disclaimer made in a patent on which asserted patents relied for priority, the U.S. Court of Appeals for the Federal Circuit affirmed a final determination of the U.S. International Trade Commission (ITC, the Commission) that respondent and intervenors did not violate 19 U.S.C. § 1337, finding that the ITC's decision to limit the scope of the claim language based on disavowal in the specification of the patent was proper.  X2Y Attenuators, LLC v. International Trade Commission, Case No. 13-1340 (Fed. Cir., July 7, 2014) (Moore, J.) (Reyna, J., concurring).

X2Y Attenuators filed a complaint in the ITC accusing Intel of unlawful importation of products that infringed X2Y's patents.  The patents related to structures for reducing electromagnetic interference in electrical circuits.  The patented inventions disclose shielding electrodes to reduce the undesirable buildup of

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