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ARTICLE · 09 DECEMBER 2025

Extra Claim Limitations May Be Applied If Other Options Explicitly Disclaimed

Lerner David Littenberg Krumholz & Mentlik, LLP
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In Barrette Outdoor Living, Inc. v. Fortress Iron, LP, Fortress Fence Products LLC (Fed. Cir. October 17, 2025), the Federal Circuit held that additional claim limitations may be applied...

United StatesIntellectual Property
John Brink
John Brink
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In Barrette Outdoor Living, Inc. v. Fortress Iron, LP, Fortress Fence Products LLC (Fed. Cir. October 17, 2025), the Federal Circuit held that additional claim limitations may be applied to claims if other options are explicitly disclaimed in the specification or during prosecution.

Barrette Outdoor Living, Inc (“Barrette”) sued Fortress Iron, LP, Fortress Fence Products LLC (Fortress) alleging infringement of various patents related to a connector having a projection or boss on one side and a sliding surface on the other side, where the boss engages a pivot hole in a picket allowing the picket to be tilted at an angle causing the connector to slide along the rail responsive to movement of the picket. The patents shared a common specification, which noted that prior art connectors that used fasteners were too time consuming to install while the claimed sliding pivotal connection is very easy and fast to install. Further, during prosecution of one of the

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