Patent Claim Construction (Intellectual Property Law Series) LandMark Publications

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Published: March 11th 2014

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Patent Claim Construction (Intellectual Property Law Series)  by  LandMark Publications

Patent Claim Construction (Intellectual Property Law Series) by LandMark Publications
March 11th 2014 | Kindle Edition | PDF, EPUB, FB2, DjVu, AUDIO, mp3, RTF | | ISBN: | 3.41 Mb

THIS CASEBOOK contains a selection of 232 U. S. Court of Appeals decisions that interpret and apply patent claim construction doctrine. The selection of decisions spans from 2008 to the date of publication.Claim construction is a question of lawMoreTHIS CASEBOOK contains a selection of 232 U. S. Court of Appeals decisions that interpret and apply patent claim construction doctrine.

The selection of decisions spans from 2008 to the date of publication.Claim construction is a question of law that [appellate courts] review without deference. Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1455-56 (Fed. Cir. 1998) (en banc). [The] starting point in construing a claim term must be the words of the claim itself. See Vitronics Corp.

v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996)- Phillips v. AWH Corp., 415 F.3d 1303, 1314 (Fed. Cir. 2005) (en banc) ([T]he claims themselves provide substantial guidance as to the meaning of particular claim terms.). However, it is axiomatic that the claims must be read in view of the specification, of which they are a part. Phillips, 415 F.3d at 1315 (quoting Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed. Cir. 1995) (en banc), affd 517 U.S.

370 (1996)). Additionally, a court should also consider the patents prosecution history, if it is in evidence. Markman, 52 F.3d at 980. Although courts are permitted to consider extrinsic evidence, such as expert testimony, dictionaries, and treatises, we have cautioned that such evidence is generally of less significance than the intrinsic record.

Phillips, 415 F.3d at 1317 (citing C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 862 (Fed. Cir. 2004)). Ultimately, [t]he construction that stays true to the claim language and most naturally aligns with the patents description of the invention will be, in the end, the correct construction. Renishaw PLC v. Marposs Societa per Azioni, 158 F.3d 1243, 1250 (Fed. Cir. 1998) Takeda Pharmaceutical Company Limited v. Zydus Pharmaceuticals Usa, Inc., (Fed. Cir.

2014).The words of a claim are generally given their ordinary and customary meaning as understood by a person of ordinary skill in the art when read in the context of the specification and prosecution history. Thorner v. Sony Computer Entmt Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012) (citing Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc)). There are only two exceptions to this general rule: 1) when a patentee sets out a definition and acts as his own lexicographer, or 2) when the patentee disavows the full scope of a claim term either in the specification or during prosecution.

Id. (citing Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1580 (Fed. Cir. 1996)). Starhome GmbH v. AT&T Mobility LLC, (Fed. Cir. 2014)



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