Claim Construction

Tell Me a Story About Claim Construction

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. …

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Defending the Patent Case – Make the Patent Holder Commit

Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case.  There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin down the patent holder’s positions as early as possible to improve your chances…

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Sprechen Sie Patent? Learning How to Speak “Patent”

We 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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