Preamble Limits Claim Where Body Of Claim Fails To Recite Complete Invention
Client Alert | 1 min read | 03.22.06
In Bicon, Inc. v. Straumann Co. (No. 05-1168; March 20, 2006), the Federal Circuit affirms the district court's grant of summary judgment of noninfringement. Bicon and Diro, Inc. sued Straumann for infringement of a patent for a dental implant prosthesis, i.e., an emergence cuff member for use in preserving interdental papilla. Central to the claim construction and infringement analyses of the Federal Circuit is a determination of whether the preamble of the claim at issue limits the claim.
The Federal Circuit finds that the preamble of the claim recites essential elements of the invention pertaining to the structure of an abutment that is used with the claimed emergence cuff, because the preamble contains structural features of the abutment, and the body of the claim refers back to the features of the abutment described in the preamble. Moreover, the Federal Circuit determines that if the claim is not limited by the preamble, some of the limitations of the claim would be rendered meaningless. Thus, the Federal Circuit concludes that the preamble limits the claim.
Insights
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CMS Finalizes CY 2027 Medicare Advantage and Part D Rule: Key Implications for Plan Sponsors
On April 6, 2026, the Centers for Medicare & Medicaid Services (CMS) published its final rule governing the Medicare Advantage (Part C) and Prescription Drug Benefit (Part D) programs for Contract Year (CY) 2027. The final rule is effective June 1, 2026, with most provisions applicable to coverage beginning January 1, 2027, and marketing and communications changes taking effect October 1, 2026. Beyond payment, the rule pursues a broad deregulatory agenda aligned with Executive Order 14192, reversing marketing and enrollment safeguards introduced in 2023 and easing documentation and reporting obligations, while introducing new program integrity requirements.
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