Federal Circuit: Patentee Acts as a Lexicographer to Impliedly Define Term by Consistently Referring to Feature with Interchangeable Language
December 3, 2025 Federal Circuit, Life Sciences Litigation, Patent Litigation, Infringement, Patent Infringement
The Federal Circuit recently held that a patentee acted as its own lexicographer to define a claim term even though it did not explicitly define the term. Rather, because the patentee consistently and clearly used two terms interchangeably to describe the same structural feature and did so in all of the embodiments in which the feature appeared, the patentee impliedly gave the term its own, unique definition.
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