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Message: The phrase " nose of Wax "
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Jan 08, 2016 01:41PM
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Jan 08, 2016 10:29PM

The phrase “nose of wax” has come to be very popular in patent litigation – and is often used in a variety of ways. Thus in the 1970s case Sterner Lighting, v. Allied Electrical Supply, the Fifth Circuit (before the formation of the Federal Circuit) declared that:

“[a] patent may not, like a ‘nose of wax,’ be twisted one way to avoid anticipation and another to find infringement.”

The phrase “nose of wax” is mostly used to say that a patent holder may not construct (construe) the claims of a patent in two different ways, one to claim infringement, the other to uphold validity.

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Jan 12, 2016 12:40AM
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