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.

One major advantage to negative claim construction is that you have far greater flexibility to constrain a patent. A classic example of negative claim...
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