top of page

Shoes by Firebug LLC v. Stride Rite Children’s Group (Fed. Cir. Jun. 25, 2020)

The Court of Appeals for the Federal Circuit provided some guidance in this case as to how restrictive the limitations in the preamble are when determining the claims scope.

Patent practitioners may be aware that "a preamble limits the invention if it recites essential structure or steps, or if it is ‘necessary to give life, meaning, and vitality’ to the claim." Something that might not be as well known is that "a preamble is not limiting 'where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention.'"

Recent Posts

See All

U.S. Supreme Court opinion of Amgen Inc. v. Sanofi

Post by Paul Serbinowski What must the specification disclose to enable broad functional claim language? A week ago in Amgen Inc. v. Sanofi, the U.S. Supreme Court considered what the specification mu


Les commentaires ont été désactivés.
bottom of page