Openwave Systems v. Apple Inc.: Disparagement of prior art in the specification can disavow claimed subject matter

Fitzpatrick Case Update
December 16, 2015

In Openwave Systems, Inc., NKA Unwired Planet, Inc. v. Apple Inc., Research in Motion, Ltd. Research in Motion Corp., Slip Op. 2015-1108 (Fed. Cir., Dec. 15, 2015), the Federal Circuit upheld the district court’s finding that a patent specification disparaging a prior art embodiment constituted a disavowal sufficient to exclude that embodiment from the scope of the claims.

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