Omitting Term in Provisional Application from Final Application’s Written Description Limits Claim Scope: Federal Circuit


In DDR Holdings LLC v. Priceline.Com LLC, Booking.com B.V., the US Court of Appeals for the Federal Circuit upheld the district court’s stipulated ruling that Priceline.com LLC’s website did not infringe DDR Holdings, LLC’s patent for composite e-commerce web pages because the patent applicant limited claim scope by omitting a term from the final application’s written description that was in the provisional application.

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