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Patent Claim Construction

Patent Claim Construction
Author: Robert C. Kahrl
Publisher: Wolters Kluwer
Total Pages: 1598
Release: 2014-09-16
Genre: Law
ISBN: 1454801190
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This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction with expert analysis of emerging methodologies for interpreting patents, a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims in Markman hearings. By Robert C. Kahrl. Patent Claim Construction is the first comprehensive treatise on claim construction in the U.S. Court of Appeals for the Federal Circuit. This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction. This knowledge thereby allows for the systematic and efficient identification of the rules most advantageous to the client's position. Patent Claim Construction offers expert analysis of emerging methodologies, reflected in current case law for interpreting patents as a matter of the law and detailed descriptions of the cases applying the rule, as well as commentary describing the trend toward or away from favoring that particular rule. Additionally, the author includes a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims.

Patent Claim Construction

Patent Claim Construction
Author: Robert C. Kahrl
Publisher: Wolters Kluwer Law & Business
Total Pages: 0
Release: 2020-11-03
Genre: Law
ISBN: 9781454801191
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This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction with expert analysis of emerging methodologies for interpreting patents, a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims in Markman hearings. By Robert C. Kahrl. Patent Claim Construction is the first comprehensive treatise on claim construction in the U.S. Court of Appeals for the Federal Circuit. This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction. This knowledge thereby allows for the systematic and efficient identification of the rules most advantageous to the client's position. Patent Claim Construction offers expert analysis of emerging methodologies, reflected in current case law for interpreting patents as a matter of the law and detailed descriptions of the cases applying the rule, as well as commentary describing the trend toward or away from favoring that particular rule. Additionally, the author includes a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims.

Conducting Markman Hearings in Patent Infringement Lawsuits

Conducting Markman Hearings in Patent Infringement Lawsuits
Author: Kurt G. Calia
Publisher:
Total Pages: 0
Release: 2007
Genre: Patent laws and legislation
ISBN: 9781596226920
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Conducting Markman Hearings in Patent Infringement Lawsuits is an authoritative, insider's perspective on best practices for preparing for and overseeing a Markman Hearing. Featuring partners from some of the nation's leading law firms, these experts discuss the effects of the Markman v. Westview Instruments Inc. case on patent law, since its affirmation ten years ago. These top lawyers share examples of real life hearings in the courtroom and how their strategies led them to success on behalf of their clients, guiding the reader through the stages and structure of a Markman Hearing from the discovery phase to how the decision affects the overall patent infringement suit. The authors cover key topics such as: the differences between a Markman Hearing and a jury case, the importance of claim construction and interpretation, the necessary considerations when developing a court presentation, and the evolution of the Markman Hearing since its inception. Additionally, these leaders reveal their strategies for learning about your audience, selecting and preparing expert witnesses, and responding effectively to questions the court has concerning the claim interpretation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this challenging area of law. Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nation-wide, rather than third-party accounts from unknown authors and analysts. Each chapter iscomparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter. Chapters Include: 1. Kurt G. Calia, Partner, Covington & Burling LLP - "The Role of Patent Lawyers, both Generally and in the Context of Markman Hearings" 2. Alexander J. Hadjis, Chair, Patent Litigation Group, Sonnenschein Nath & Rosenthal LLP - "Making an Impact on the Entire Case through Effective Markman Hearings" 3. Richard T. Redano PC, Partner, Duane Morris LLP - "The Impact of Markman Hearings on Patent Litigation" 4. Matthew B. Lehr, Partner, Davis Polk & Wardwell - "The Art of Persuasion in Markman Hearings" 5. John R. Crossan, Partner, Chapman and Cutler LLP - "Preparing for and Conducting a Markman Hearing for Claim Interpretation in U.S. Patent Infringement" 6. Tim Headley, Partner, GardereWynne Sewell LLP - "Making a Strong Argument" 7. James P. Flynn, Partner and Shareholder, Epstein Becker & Green - "Markmanship: Hitting the Bull's Eye in Your Patent Case"

Redefining the Complexities Underlying Claim Construction - A Pre & Post Markman Analysis

Redefining the Complexities Underlying Claim Construction - A Pre & Post Markman Analysis
Author: Gunjan Chawla Arora
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:
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An invention, to be patentable, must be novel, must have an inventive step and must be capable of being industrially applicable. A patentable invention must be much more than a mere workshop improvement and must be claimed in a manner that exhibits a departure from the claims made in the prior art. Thus, drafting the patent claims and their appropriate interpretation by the Courts play a crucial role in the grant of patent and litigating a suit for infringement. The outcome of a patent infringement suit depends upon judicial interpretation of the claims of the alleged infringers' product with that of the patentee to determine whether the former falls within the scope of the limitations of the latter. In case the same is proved, infringement stands proved beyond doubt. Conversely, in cases where the defendant makes use of the defence of invalidity against the said patent, the courts shall again determine the validity of the patent in question by construing the claims made in the said patent with those claimed in the prior art. Hence, the claim construction plays a crucial role in determining the validity of a patent and its continued existence. The Markman hearing is one such patent claim interpretation form that the courts generally employ in almost every patent infringement suit. It is a clear and doubtless understanding of the claim format that helps in understanding and successfully interpreting the claims, which mere 'training and discipline” of the judges can't give. In order to be successful, a Markman hearing claim construction must be conducted by the Jury or scientific advisers and experts, versed with the techno-legal terms of claims.