[US] Focus Prod v. Kartri Sales (CAFC, September 30, 2025)
Updated: 3 hours ago
Article information
Article type: Case note
Categories: United States
Main topics: Claim interpretation / Examination and appeal practice
First published on this website: October 1, 2026
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
[US] Focus Prod v. Kartri Sales (CAFC, September 30, 2025)
Selecting a particular species without contesting the examiner's definition or limitation of the species creates a risk that non-elected species will be regarded as excluded from the claim scope.
⇒ As claim 73 was withdrawn without contesting the examiner's characterization, its features were held to have been excluded.
The summary judgment finding patent infringement was vacated.
Original article: https://lnkd.in/g_cHaYTJ
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Updates and corrections
Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.
2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
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