Federal Circuit Cites Limits Of Extrinsic Evidence In Prosecution Disclaimer
On April 1, 2022, the Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s claim construction and corresponding summary judgement of non-infringement decisions. The lower court had improperly relied on extrinsic evidence to determine what had been disclaimed by the applicant during prosecution. Genuine Enabling Tech. v. Nintendo Co., Ltd., No. 2020-2167 (Fed. Cir. Apr. 1, 2022).