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Expert Analysis

A New Way To Win Patent Claim Construction

Law360, New York (August 9, 2011, 1:05 PM EDT) -- Negative claim construction is an often overlooked arrow in the patent attorney's quiver. Defining the uniqueness of an invention has always been a central element in patent law. As a profession, we have become fixated on finding positive definitions of claim terms. By crafting the definition itself in negative terms, you are able to marshal more arguments and streamline the infringement analysis....

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