“Anything You Say …” -- Terms with Inconsistent Definitions Are IndefiniteLast week, the U.S. Court of Appeals for the Federal Circuit (CAFC) held the term “computer” to be indefinite. That such a familiar term could be indefinite should warn patent practitioners to take care when arguing the scope of a term — even in otherwise unrelated proceedings, possibly separated by years.

Infinity Computer Products, Inc.,

The Risk of Using “Consisting Essentially of” in Patent ClaimsThe legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the listed ingredients and (b) is open to unlisted ingredients that do not materially affect the basic and novel properties of the composition.  Similarly,