Don't shoot yourself in the foot: European file history in US patent claim interpretation (K-fee v Nespresso)
The IPKat
JANUARY 14, 2024
In the US, the principle of file wrapper estoppel is well established. S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Additionally, as recently highlighted in K-fee v Nespresso (Case No. 22-2042, Fed. Cir. Dec. 26, 2023), file wrapper estoppel in the US does not stop at the US file wrapper. Submission made in other jurisdictions, including Europe, may also be cited against the patentee.
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