Phillips v. AWH Corp.(consequences for patent practice in Canada and United States)

Publication: Corporate Counsel

Publication Date: 01-DEC-05

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COPYRIGHT 2005 American Lawyer Media L.P.

CANADA

McCarthy Tetrault LLP

[ILLUSTRATION OMITTED]

The recent US case of Phillips v. AWH Corp., 415 F.3d 1303, 75 U.S.P.Q.2d 1321 (Fed. Cir. 2005), may have significant consequences for patent practice in Canada and the United States.

The words of a patent claim define the territory from which the patent owner is entitled to exclude others. Phillips concerns the...

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