During the process of patent granting and patent invalidation procedures, patent applicants and patentees typically focus on how to obtain a granted patent or how to maintain patent validity. For this purpose, the applicant or patentee will often amend claims or descriptions or submit observations to explain or clarify the scope of protection. Under the principle of estoppel, such amendments and observations will in fact have an impact on the future enforcement of patent rights and, more seriously, may directly lead a court to conclude non-infringement.
