Divergent Approaches To Claim Construction

Law360, New York (February 15, 2013, 12:40 PM EST) -- It was once thought that the “name of the game is the claim.”[1] In less artful terms, the claims defined a patented invention, while the sole purpose of the written description portion of the specification was to explain it. Though reasonable minds might differ on whether the plain claim language as understood by a person of ordinary skill encompassed an accused embodiment, the primacy of that language in defining the inventor’s invention was absolute.

Over the last several years, however, these principles have taken a severe...
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