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Peter Vande Vort

As seen in: JD Supra
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What is a “Clear and Unmistakable” Prosecution History Disclaimer? | JD Supra

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By Stephanie O'Byrne, Peter Vande Vort
| JD Supra
The Federal Circuit’s March 21, 2025 decision in Maquet Cardiovascular LLC v. Abiomed Inc. et al. (No. 2023-2045) and the recent Patent Trial and Appeal Board (PTAB) Delegated Rehearing Panel decision in SynAffix B.V. v. Hangzhou DAC Biotech Co., Ltd. (IPR 2022-01531, Paper 23) have provided new insights into how courts determine the applicability and scope of prosecution history disclaimers.
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