Michel Calls On Justices To Resolve Claim Construction 'Feud'

Law360 (December 4, 2019, 6:21 PM EST) -- Former U.S. Circuit Chief Judge Paul R. Michel has asked the U.S. Supreme Court to decide how patent claims and specifications should be read together during claim construction, saying his old court has allowed "feuding" case law to rule for decades.

The retired judge threw his support behind Intel Corp.'s petition for certiorari on Monday, saying the diverging claim construction methods adopted by the court have made patent law "starkly inconsistent and unpredictable."

"Contrary to Congress's intent, the Federal Circuit's precedential divide has created confusion as to what the claim-construction principles even are, let alone how they apply," his amicus brief...

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