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Federal Circuit dissents highlight claim construction chaos

Eileen McDermott, New York


Two Federal Circuit judges who dissented yesterday from a majority decision to deny review in a case about claim construction have revealed the seriousness of the problem with interpreting claims in US courts

In Retractable Technologies Inc v Becton Dickinson & Company, a majority of the Federal Circuit in July this year overturned a district court’s claim construction of the term “body” with respect to retractable syringe bodies.

The Federal Circuit said that...


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