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ARTICLE · 31 MARCH 2005

Federal Circuit Again Rejects "Importing" Limitations from Specification

In the context of remanding a summary judgment ruling of non-infringement, the U.S. Court of Appeals for the Federal Circuit again has held that it is improper to import limitations from a preferred embodiment into the claims absent an express declaration from the patentee.

United StatesIntellectual Property

In the context of remanding a summary judgment ruling of non-infringement, the U.S. Court of Appeals for the Federal Circuit again has held that it is improper to import limitations from a preferred embodiment into the claims absent an express declaration from the patentee. Playtex Products, Inc. v. Procter & Gamble Co. and Procter & Gamble Distrib. Co., Case No. 04-1200 (Fed. Cir., March 7, 2005) (Gajarsa, J.).

Playtex

concerned a tampon applicator with a tubular barrel having "two diametrically opposed, substantially flattened surfaces" and a slideable plunger. The opinion focuses on two claim terms: "substantially flattened surfaces" and "means for limiting the movement of [the] plunger."

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