Federal Circuit Reinforces Strict Application of Prosecution History Disclaimer

The United States Court of Appeals for the Federal Circuit has recently reinforced the consequences of prosecution history disclaimer. In Puradigm, LLC v. DBG Group Investments LLC, the court held that statements made during prosecution can permanently narrow claim scope, even when the examiner rejects those arguments and the applicant moves on. This decision serves as a reminder that statements made during prosecution can have lasting consequences, even if those statements are ignored.... By: Dinsmore & Shohl LLP