Jessica Chao

Jessica Chao assists the firm in pharmaceutical patent prosecution matters, including application drafting, U.S. and foreign patent prosecution and clearance, and patentability studies. She has extensive knowledge in the areas of organic chemistry and medicinal chemistry.

Recent Posts

Federal Circuit Provides Additional Guidance for Claim Construction and Analysis of Mixed Method, Apparatus Claims

Posted by Jessica Chao on Jan 4, 2017

Jessica Chao

In LifeNet Health v. LifeCell Corp., the Federal Circuit reiterated the importance of properly preserving claim construction issues for appeal and providing specific support for claim terms and specification terms in a patent application’s written description to achieve more reasoned claim construction.

What This Means to You

  • Litigants should be mindful to raise specific claim construction disputes before and during trial in order to preserve the dispute for appeal.
  • Functional limitations defined in the negative should define a property of the recited apparatus to avoid indefiniteness for mixing method steps in an apparatus claim.
  • Claim terms should be broadly defined in the specification, include multiple embodiments and ranges for the invention, and avoid limiting language like “present invention” and “preferably” to avoid restrictive claim construction under Phillips v. AWH Corp.
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Wolf Greenfield's CAFC Blog

Here, Wolf Greenfield attorneys summarize and identify key takeaways from recent patent law cases decided by the U.S. Court of Appeals for the Federal Circuit. View past case summaries here.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.