The recently decided case of Barrette Outdoor Living, Inc. v. Fortress Iron, LP et al. addressed the effect of statements made during prosecution of a patent application on prior patents in the same patent family.
The Court held that a statement made during prosecution in one member of a patent family may be properly considered in construing a common term in other members of the family, regardless of whether the statement pre- or post-dates the issuance of the particular patent at issue.
Read more about the case and its implications.
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