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
Client Alert | 4 min read | 10.21.25
Pivot Point for 340B: HRSA Rebate Model Pilot Program Approaches Launch
The deadline for Department of Health and Human Services (“HHS”) to notify approved manufacturers of acceptance into the 340B Rebate Model Pilot Program has passed, and stakeholders across the healthcare industry should start planning for compliance and operational changes. The Model Pilot Program may also face legal challenges that could delay or disrupt implementation.
Client Alert | 5 min read | 10.20.25
What’s new for Belgian Construction Contracts under the New Book 7 of the Civil Code
Client Alert | 3 min read | 10.17.25
California Enacts New Requirements and Restrictions for Health Care Transactions
Client Alert | 3 min read | 10.15.25
