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Patent Litigation Claim Construction Toolkit
Practical Law Toolkit 6-575-9545 (Approx. 16 pages)
Patent Litigation Claim Construction Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
Resources to assist patent litigation counsel with claim construction, including resources on developing proposed constructions based on intrinsic and extrinsic evidence, disclosing proposed constructions, preparing claim construction briefs and supporting expert declarations, and conducting the Markman hearing.
Claim construction may be the most important aspect of patent litigation. It is the process by which the court determines the meaning and scope of the asserted patent's claims and therefore often determines the outcome of the parties' infringement and invalidity claims and defenses.
This Toolkit provides several continuously maintained resources designed to help a patent owner's or accused infringer's counsel develop, disclose, and advocate proposed claim constructions in a patent suit, including resources explaining how to:
- Evaluate prior or related claim construction proceedings.
- Identify claim terms for construction.
- Develop proposed constructions based on:
- intrinsic evidence;
- extrinsic evidence; and
- claim construction legal principles.
- Disclose proposed constructions under local patent rules.
- Conduct claim construction discovery.
- Prepare claim construction briefs and expert declarations.
- Conduct the Markman Hearing.
- Appeal an adverse claim construction ruling.