On Wed., Mar. 7, 2012, in Digital Vending v. Univ. of Phoenix, No. 2011-1216, the Federal Circuit (Rader, Linn and Moore (dissent-in-part)) issued a split decision on whether there had been a clear disavowal of claim scope.  Judge Moore concluded that “[i]t is difficult to imagine a clearer case of disavowal.”  The Majority, however, found that “the careful distinctions in specification descriptions avoid any hint that the inventors clearly disavowed claim scope with respect to the method claims.”
Continue Reading Patent Alert: Federal Circuit split on claim scope disavowal (Digital Vending v. Univ. Phoenix)