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 | 4 min read | 08.14.26
License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations
On August 12, 2026, the White House released a National Security Presidential Memorandum (NSPM) making a seismic shift in U.S. cybersecurity policy and establishing a framework to authorize private-sector companies to conduct offensive cyber operations — historically strictly prohibited by federal law — against foreign Cyber-Enabled Transnational Criminal Organizations (CE-TCO). It builds on an executive order issued in March 2026 that directed federal agencies to develop plans to combat cybercrimes against Americans.
Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
