The confusion and inconsistency created by the several interpretations of the claim vitiation doctrine can be remedied by either abandoning the doctrine or by creating one explicit version of the claim vitiation doctrine to be predictably and evenhandedly applied. The simplest and most effective solution would be express abandonment of the doctrine by judicial ruling. The Federal Circuit or Supreme Court should trace the doctrine back to its roots in Warner-Jenkinson and explicitly decry the portion of that ruling that lead to the claim vitiation doctrine.
Freedman Seating Co. and the Claim Vitiation Doctrine,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol43/iss2/6