Law360, New York (May 18, 2012, 1:15 PM ET) -- Winning the claim construction phase is a necessary and complex endeavor in any patent case. The importance of claim construction is played out through internal and external dramatic episodes and behaviors throughout the life of a case. Internal drama, such as protracted and heated discussions among a litigation team over the impact of a certain comma placement within a patent claim, serves as a rehearsal of sorts for the main performance.
The rehearsal is necessary because one day, a distinguished member of the litigation team will...