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Tips For Winning More Defenses In Markman

Law360 (June 3, 2009, 12:00 AM EDT) -- Win cases in Markman by moving from old-school Markman to Markman 2.0.

Old-School Markman:

Create a mini-dictionary defining selected claim terms. Defendant proposes narrow statements of what claim terms must include to set up noninfringement or resists such constructions to set up prior-art invalidity. That’s it.

Markman 2.0:

Construe claim as a whole. Identify claim portions having no patentable weight. Seek “Must Not,” “Need Not,” and “May” as well as “Must” constructions to win up to 10 defenses in Markman.

Tips For Making Yours a Markman...
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