119 Pages Posted: 21 Sep 2009 Last revised: 15 Oct 2011
Date Written: January 6, 2011
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.
Keywords: Patent, Claim Construction, Patent Case Management, Patent Local Rules
JEL Classification: K39
Suggested Citation: Suggested Citation
Menell, Peter S. and Powers, Matthew D. and Carlson, Steven C., Patent Claim Construction: A Modern Synthesis and Structured Framework (January 6, 2011). Berkeley Technology Law Journal, Vol. 25, No. 2, p. 713, 2010; UC Berkeley Public Law Research Paper No. 1476395. Available at SSRN: https://ssrn.com/abstract=1476395