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.