The U.S. Supreme Court today denied a petition that asked it to consider whether the Federal Circuit’s “construction of petitioner’s patent claim was unforeseeable and unjustifiable under the circuit’s prior decisions,” thereby constituting a judicial taking of property.
Supremely Confusing on That Complex Word “A”; Is It Only One or Is It One or More? Friday, June 11, 2021
A patent drafter’s selection of even the smallest of words, like “a,” may have a significant impact on how a claim is construed. Does “a” mean “at least one”? Or does it mean just “one”? As the case law we explore in this article indicates, it can be both! And as will be seen, recently a split Supreme Court muddled through over 40 pages to try to decide what “a” meant in a particular statute.
“A” Means “One or More”
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