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ARTICLE · 01 SEPTEMBER 2021

Words Matter: Specification's Narrow Description Limited Patent Scope/Protection

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In Wastow Enterprises, LLC v. TruckMovers.com, Inc.,1 the Federal Circuit held the patent claims were limited to a universal folding boom trailer because the specification...

United StatesIntellectual Property
Irah H. Donner
Irah H. Donner

In Wastow Enterprises, LLC v. TruckMovers.com, Inc.,1 the Federal Circuit held the patent claims were limited to a universal folding boom trailer because the specification, including the title, referred to the “present invention” as including this limitation. The court explained that claims missing a particular feature can be disclaimed or disavowed when the specification describes “the present invention” as having that feature.

Wastow Enterprises, LLC, owned U.S. Patent No. 8,613,583 (the '583 patent), titled “Universal Folding Boom Trailer.” Wastow sued TruckMovers.com, Inc., and Dealer's Choice Truckaway System, Inc., d/b/a TruckMovers (collectively, TruckMovers), asserting that TruckMovers was violating claims 1–15 of the '583 patent by making, using, selling or offering to sell its Z-Wing towing system. The '583 patent discloses a towing system and a process of loading, transporting and delivering trucks. The specification stated that the “present

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