Patent Claim Construction: A Modern Synthesis and Structured Framework
Peter S. Menell
University of California, Berkeley - School of Law
Matthew D. Powers
Weil Gotshal & Manges LLP
Steven C. Carlson
Fish & Richardson P.C.
January 6, 2011
Berkeley Technology Law Journal, Vol. 25, No. 2, p. 713, 2010
UC Berkeley Public Law Research Paper No. 1476395
The construction of patent claims plays a critical role in nearly every patent case. It is central to evaluation of infringement and validity, and can affect or determine the outcome of other significant issues such as unenforceability, enablement, and remedies. Yet jurists and scholars have long lamented the challenges of construing patent claim terms. Drawing upon more than a decade of working with the Federal Judicial Center, leading jurists in those districts with the largest patent dockets, experienced litigators, and academics, this article provides a pragmatic and cohesive framework and roadmaps for navigating this rapidly evolving landscape as well as guidance on the best practices for managing claim construction.
Number of Pages in PDF File: 119
Keywords: Patent, Claim Construction, Patent Case Management, Patent Local Rules
JEL Classification: K39Accepted Paper Series
Date posted: September 21, 2009 ; Last revised: October 15, 2011
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