The Federal Circuit’s bread-and-butter over the years has been claim constructions that often surprise or confuse district court judges. Part of the issue here is that most Federal Circuit judges have ...

Claim construction is a process in which courts attempt to interpret the meaning and scope of the claims of a patent. It’s effectively reconstructing what an inventor and their practitioner meant back ...

Actelion owns two related patents that cover its product, an improved epoprostenol formulation for the treatment of cardiovascular disease. This product is sold under the brand name, Veletri. After ...

It seems a bit crazy to me that almost every patent case involves a process of claim construction. Those claims were already drafted by skilled patent attorneys and survived a rigorous examination ...

IP litigation lawyers Joe Loy and Matt Hershkowitz discuss claim construction—one of the most important strategic decisions in patent litigation. The article delves into how various courts address ...

While claim construction can decide patent disputes, parties in US International Trade Commission Section 337 investigations should not rely on it to provide early case resolution. At the ITC, claim ...

“The CAFC said the patent’s consistent use of precise language to reference a compound form…plus the specification’s reference to tungsten as a singular component and the prosecution history all ...