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Patent Claim Construction, Second Edition Patent Claim Construction, Second Edition

Patent Claim Construction, Second Edition

By Robert C. Kahrl
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Overview

Patent Claim Construction is the first comprehensive treatise on claim construction with 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 is a one-stop primer on the law of patent claim construction. Organized by rules and principles of interpretation, the book offers timely analysis of the most pressing issues to consider when presenting or defending a claim, or drafting an opinion letter. Highlights include:

  • The hierarchy of proofs of claim construction. See which evidence is considered most pertinent and which evidence is excluded altogether
  • Uniform interpretation of claims. Shows claims read in a straightforward manner in practice as opposed to theory
  • Expert witnesses and claim construction. Shows the role experts play in claims, post-Markman
  • Narrow construction. Has the ambiguities that might trigger a narrow construction
  • New coverage of appellate decisions in the wake of Phillips v. AWH (Fed. Cir.2005)

This treatise is intended for the general lawyer who needs to understand how patents are interpreted--the practitioner who wants to understand the effectiveness of claim language in the enforcement of patents-- and the attorneys who attempt to predict the outcome of controversies regarding the scope of a patented invention.

This treatise is intended for the general lawyer who needs to understand how patents are interpreted--the practitioner who wants to understand the effectiveness of claim language in the enforcement of patents-- and the attorneys who attempt to predict the outcome of controversies regarding the scope of a patented invention.

Note: Online subscriptions are for three-month periods.

Last Updated 07/09/2018
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454801191
SKU 10045941-7777
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010066276
Table of Contents

PART I - THEORY OF CLAIM CONSTRUCTION

  • The Goals of Claim Construction
  • History of Claims and Interpretation of Patents Introduction
  • Claim Construction as a Matter of Law

PART II - TOOLS OF CLAIM CONSTRUCTION

  • The Hierarchy of Evidence: Intrinsic Evidence
  • Intrinsic Evidence: The Specification
  • Intrinsic Evidence: The Prosecution History
  • The Hierarchy of Information: Extrinsic Evidence
  • Means Plus Function Clauses Defined
  • Doctrine of Equivalents - A Tool of Claim Construction or a Test of
  • Infringement
  • The Doctrine of Fair Notice
  • Rules of Statutory Construction

PART III - JUDICIAL PROCEDURES FOR CONSTRUING CLAIMS

  • District Court Claim Construction Proceedings
  • De Novo Review by Federal Circuit on Appeal

PART IV - CONSEQUENCES OF CLAIM CONSTRUCTION RULINGS

  • Finality
  • Remand of Cases to District Courts
Volumes