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ARTICLE · 27 MARCH 2015

Federal Circuit Finds Disclaimer Based On "Object Of Invention" Language

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The Federal Circuit’s recent decision in Pacing Technologies, LLC v. Garmin International, Inc. provides patent litigators with a new tool for claim construction arguments.

United StatesIntellectual Property
Andrew Gross
Andrew Gross
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The Federal Circuit's recent decision in Pacing Technologies, LLC v. Garmin International, Inc. (No. 2014-1396) provides patent litigators with a new tool for claim construction arguments and may make patent prosecutors reconsider their drafting techniques. The Federal Circuit held that a patent specification's characterization of disclosed "objects of the invention"—a phrase commonly used by patent drafters—effected a disclaimer in claim scope.

The Asserted Patent

Pacing was asserting U.S. Patent No. 8,101,843 (the "'843 patent"), which is directed to "methods and systems for pacing users during activities that involve repeated motions, such as running, cycling, and swimming." Claim 25, the only asserted independent claim, provides:

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