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Case Summaries on Patent Law

Case Summaries on Patent Law

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Published by Yin Huang / 黄寅

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Categories:Types, Business/Law
Published by: Yin Huang / 黄寅 on Dec 18, 2010
Copyright:Attribution Non-commercial


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Superior Fireplace Co. v. Majestic Products Co., 270 F.3d 1358
(Fed. Cir. 2001) [1075]

The Federal Circuit clarified the conditions that a patentee must meet
in order to correct an error in an issued patent. Superior obtained a
patent on a gas fireplace, one of whose claims stated that the firebox
was to have rear walls as opposed to a rear wall. Superior apparently
did not notice the typographical error until it sued another company
for infringing the patent. Both parties to the suit agreed that no in-
fringement would exist if the misspelled phrase were interpreted as-is.
In disallowing Superior’s correction, the court noted that § 255 is de-
signed to protect the public against typographical corrections that
broaden the scope of claims. Because wall would allow Superior to sus-
tain the suit for infringement whereas walls would not, Superior could
not apply for the correction.

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