Yesterday in UCB, Inc. v. Yeda Research and Development Co., Ltd., __ F.3d __, 2016 WL 4698962 (Fed. Cir. 2016)(Newman, J.), the court reaffirmed the holding in Builders Concrete, Inc. v. Bremerton Concrete Products Co., 757 F.2d 255, 259 (Fed. Cir. 1985), that prosecution history estoppel can apply to an unamended claim, based upon amendments made to other claims.

An excerpt from the opinion is attached to the pdf version of this note.