Claims Must Be Construed In View of Prosecution History
Client Alert | 1 min read | 04.06.07
The Federal Circuit, in Bass Pro Trademarks, L.L.C. v. Cabela's, Inc., (No. 2006-1276, April 6, 2007), vacates a district court's contempt order that had found that the defendant's redesigned device had infringed the plaintiff's patent in violation of a settlement agreement and consent judgment that resulted from a previous patent infringement suit. The court explains that the granting of a contempt order for the violation of an injunction against infringement by a modified device, requires that the modified device infringes the patent either literally or under the doctrine of equivalents. In construing the claims, the Federal Circuit determines that the term "vest," as used in the particular patent claims, is a "material element" of the claims based on statements made throughout the prosecution history - particularly arguments made in distinguishing the invention from the prior art. The Court holds that the defendant did not infringe the claims because their device does not contain a "vest."
Insights
Client Alert | 7 min read | 01.29.26
ASEAN Digital Ministers' Meeting 2026: Spotlight on AI Cooperation in Asia's Rising Markets
The sixth convening of the Association of Southeast Asian Nations (ASEAN) Digital Ministers’ Meeting (ADGMIN) was held in Hanoi, Vietnam on January 15-16, 2026, under the theme “ASEAN Adaptive: From Connectivity to Connected Intelligence.” Senior government officials from across the 11 Southeast Asian nations that form the ASEAN bloc deliberated on key digital policy issues for the region’s economic growth, such as enhancing widespread AI adoption, combating online scams, promoting regional cyber resilience, and boosting digital infrastructure development. These are aligned with the Philippines’ digital priorities as ASEAN’s Chair for 2026.
Client Alert | 2 min read | 01.29.26
California AG Launches “Surveillance Pricing” Investigation – Action Required
Client Alert | 6 min read | 01.29.26
Client Alert | 5 min read | 01.29.26
