{"id":1711,"date":"2017-08-17T00:42:48","date_gmt":"2017-08-17T04:42:48","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=1711"},"modified":"2017-08-17T00:42:48","modified_gmt":"2017-08-17T04:42:48","slug":"you-can-ignore-claim-language-as-long-as-it-is-before-the-colon","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=1711","title":{"rendered":"You Can Ignore Claim Language As Long As it is Before the Colon"},"content":{"rendered":"

In Georgetown Rail Equipment Company v. Holland L.P.<\/a>, [2016-2297] (August 1, 2017), the Federal Circuit affirmed judgment of infringement and the award of lost profits and enhanced damages for infringement of U.S. Patent No. 7,616,329 on a system and\u00a0method for inspecting railroad tracks.<\/p>\n

Holland challenged the district court’s conclusion that the claim language “mounted on a vehicle for movement along the railroad track” was not a claim limitation. \u00a0The Federal Circuit noted that\u00a0whether to treat a preamble as a limitation is a determination\u00a0resolved only on review of the entire patent to gain an understanding of what the\u00a0inventors actually invented and intended to encompass by\u00a0the claim, add that there is no simple test for understanding the import of the preamble.<\/p>\n

Generally the preamble does not limit the claims, however, a
\npreamble may be limiting if:<\/p>\n