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United States Federal Circuit


CATALINA MARKETING INT'L, INC. v. COOLSAVINGS.COM, INC., 01-1324

Language appearing in the preamble of a claim is not a limitation where it merely states an intended use for a claimed system, based on examination of claims, specification, and prosecution history of a patent for a coupon disbursement system; prosecution history estoppel will not bar a patent holder from seeking equivalents on a missing claim limitation.

Appellate Information

  • Decided 05/08/2002
  • Published 05/08/2002

Judges

  • RADER, Circuit Judge., Before MAYER, Chief Judge, RADER, and PROST, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Steven Z. Szczepanski,Jenkens & Gilchrist, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief were Mary Jo Boldingh, Russell J. Genet, and Michael K. Nutter.

  • For Appellees:
  • Dean D. Niro, Niro, Scavone, Haller & Niro, of Chicago, IL, argued for defendant-appellee.   With him on the brief were Thomas G. Scavone and Christopher J. Lee.
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