Reinventing The Way Patent Claims Are Construed

Law360, New York (May 18, 2010, 12:31 PM EDT) -- Our inefficient patent litigation system wastes judicial and litigant resources, thereby lowering the value of innovation. Congress should pass legislation to reform the main culprit: the process by which patent claims are construed.

As background, inventions are described in a patent’s numbered claims, which are located at the end of each patent. During the claim construction (or “Markman”) process, the district court judge defines selected words and phrases in the claims, to more precisely delineate the boundaries of the described inventions. The court’s constructions are then...
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