Think choice of grammar or poor word choice is not relevant in patent claims? Think again. Indifferent word selection nearly sunk this infringement action as well as the patent. Judge Christopher A. Boyko of the Northern District of Ohio recently tackled the difficult issue of patent indefiniteness following IPXL Holdings, L.L.C. v. Amazon. com, Inc., 430 F.3d 1377 (Fed. Circ. 2005), in the case of WAGO Verwaltungsgesellschaft MBH v. Rockwell Automation, No. 1:11-cv-00756, 2012 WL 775683 (N.D. Ohio March 7, 2012). The WAGO decision, however, is notable as much for what it didn’t address as for what it did.
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