Rethinking Claim Construction

Law360 (April 25, 2006, 12:00 AM EDT) -- In Lava Trading, Inc. v. Sonic Trading Mgmt., LLC, Nos. 05-1177, 05-1192, Slip Op. (Fed. Cir. April 19, 2006), the Federal Circuit announced that it was in the “awkward position” of having to construe claims without “a meaningful comparison of the accused products to the asserted claims” and while “defendants’ counterclaims of invalidity and unenforceability are still pending before the trial court.” Despite being “troubled” by this “awkward position,” which the district courts routinely face as part of the typical claim construction process, the Federal Circuit...
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