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ARTICLE · 21 AUGUST 2007

"Near" Is Definite, "About" Is Not

McDermott Will & Emery
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In a claim construction reversal, the U.S. Court of Appeals for the Federal Circuit dutifully performed a Phillips analysis, considering the intrinsic claim construction evidence.

United StatesIntellectual Property
Karen Stoffan
Karen Stoffan
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In a claim construction reversal, the U.S. Court of Appeals for the Federal Circuit dutifully performed a Phillips analysis, considering the intrinsic claim construction evidence. In doing so, the Court reversed the lower court’s determination that the term "near" was indefinite. William P. Young v. Lumenis, Inc., Case No. 06-1455 (Fed. Cir., June 27, 2007) (Lourie, J.).

Dr. Young invented a surgical method of declawing a cat using lasers (feline onychectomy). Lumenis is a manufacturer, seller and distributor of surgical laser instruments that were allegedly used to perform Young’s patented surgical procedure.

Young filed an infringement suit, and Lumenis countered with an inter partes reexamination. After the U.S. Patent and Trademark Office (USPTO) issued an office action rejecting the claims, the district court found the patent invalid and unenforceable.

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