Patent Claim Construction

Patent Litigation Attorney

In any case pursuing damages for patent infringement, one of the most important issues a patent holder is faced with is the construction of the patent"s claims. As part of the litigation process, the court will be called upon to construe the terms and phrases found within a claim being asserted against an infringer. In other words, the court will be asked to define what the words and phrases of the patent"s claims mean. The original filing of the patent and the technical wording used to protect certain aspects of the invention will be closely scrutinized by the court when reviewing issues of infringement and validity. Patent cases are heard at what is commonly referred to as a Markman hearing, wherein the Court will review intrinsic evidence and extrinsic evidenc, including inventor testimony and expert opinions, regarding the scope and meaning of disputed terms found in the patent"s claims.

During the claim construction process, the parties to the litigation identify the terms and phrases found in the asserted claims that need to be construed by the court. Each side will thoroughly provide their position and arguments as to the meaning of the claim terms, often referring to the intrinsic evidence to support their positions, i.e., the claims themselves, as well as the patent"s specifications and figures, and its prosecution history. The parties also refer extrinsic evidence to support their arguments, which can include inventor testimony, expert testimony and the reference to dictionary definitions and learned treatises. The parties will also have the opportunity to counter the opposing side"s arguments and claim interpretations.

Having an effective patent litigation attorney during this important phase of a lawsuit is essential to the eventual outcome of the litigation. A skilled attorney can put on a compelling presentation of the facts for the judge to review during this important hearing. A judge"s ruling on the definitions found during the Markman hearing can make all the difference in the final outcome of the case.

If you are in need of a patent litigation attorney to assist in pursuing damages caused due to patent infringement, our skilled legal team can review your existing patent to determine the merits of your case.

Patent Litigation Lawyer

Obtaining a favorable patent claim construction is critical to obtaining successful results in any patent infringement lawsuit. ClearmanPrebeg can offer knowledgeable and skillful counsel surrounding such issues – matters that could be of immense financial import to your future endeavors. Undeterred by complex litigation, the attorneys at ClearmanPrebeg are fully committed to obtaining successful results both expediently and efficiently.

For assistance with the important matter of patent claim construction, contact a Patent Litigation Attorney today.