Friday, March 4, 2011

Is the Claim Term "At Least About" Indefinite?

YES:
Defendants' motion for summary judgment of indefiniteness of two of plaintiffs' patents-in-suit was granted. "[W]e agree with [defendants] that 'at least about' does not sufficiently inform the public on what would infringe. . . . There is simply no intrinsic evidence that the word 'about' coupled with 'at least' has an accepted meaning."

Kimberly-Clark Worldwide, Inc. v. First Quality Products Inc., et. al., 1-09-cv-01685 (PAMD March 1, 2011, Order) (Caldwell, J.)

NO:

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