The Specification Must Support Claim Scope

Yesterday, the Federal Circuit delivered the attached precedential decision in ScriptPro LLC v. Innovation Associates, dkt. 2015-1565 (Fed. Cir. August, 15, 2016). Central to this decision is whether a claim is invalid if it is broader than the embodiments described in the specification.

ScriptPro’s claims were directed to a device called a “collating unit” and an automatic dispensing system (ADS) used to store prescription containers, after a patient’s medication has been stored in the containers. The patent specification described the preference of storing prescription containers by patient-identifying information and slot availability (the storage area having “slots” for storing the prescription containers). The claims, however, did not require this…

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