This post may be helpful to those of you who litigate patent cases. While it is true that the most significant sources of claim construction evidence are the claim language, specification, and file history, courts often consider reliable sources of extrinsic evidence such as technical dictionaries and glossaries. In Phillips the Federal Circuit held that…
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Storytelling is the key persuasive device used to win lawsuits. Early in any case, good litigators begin to develop a compelling narrative with themes that support the outcome they seek for their clients. Patent cases are no different, at least when they get to trial. Before that happens, however, courts must construe the patent claims. …
Read MoreWe have observed many instances in which clients and patent attorneys communicate with one another like “two ships passing in the night” because they operate from different paradigms when speaking about patent issues. Such miscommunications may often go unnoticed and uncorrected. Of course, this can result in bad business decisions and other problems depending on…
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