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…
Read MoreArchives for May, 2012
In February, I wrote a post called “Have You Checked Your Pending Patent Applications Lately”. The post concerned the evolving nature of technology as products are commercialized and the need to ensure that pending patent applications remain relevant and tuned to the products they are intended to cover. Some time later, I was contacted by…
Read MoreThe law of inventorship is not too difficult to state but can be very difficult to apply in practice. In general, only those individuals who contributed to the conception of the claimed invention in a patent should be named as inventors. However, this often raises questions about what the nature of the “contribution” should…
Read MoreThis week, we follow-up on last week’s post on requests for production with a discussion of interrogatories. Before serving interrogatories, it is advisable to obtain all of the information you can about the topics below through publicly available information such as SEC filings, press releases, product brochures, patent office records, etc. This information may help…
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