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1177 West Loop South,
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Houston, Texas 77027
Telephone: (713) 877-1515
Fax: (713) 877-1145
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CLAIM CONSTRUCTION
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In patent litigation, the claims of the patent
are very important. Claims are the numbered, one-sentence
"paragraphs" at the end of the patent. These one-sentence
paragraphs define the scope (legal boundaries) of
protection for a patented invention. Because a product
or process can only be found to infringe a patent
if it is within the scope of the protected invention,
the interpretation of the claims (i.e., defining
the terms in patent claim) can be the single most
important step in patent infringement litigation.
The process of defining the terms in patent claim
is called claim construction. In 1996, the seminal
case of Markman v Westview Instruments, Inc.,
52 F.3d 967, 976 & 979 (Fed. Cir. 1996) (en banc)
aff'd, 517 U.S. 370 (1996) changed the landscape
of patent infringement cases-now requiring the Courts
(the Judge presiding over the case), not the jury,
to perform the claim construction function. As such,
many Courts require pre-trial briefs and hold hearings
before trial, called Markman Hearings, to assist
the Judges in performing their legally required
claim construction duties. This pre-trial claim
construction process, in many instances will determine
the outcome of trial, or at the very least greatly
enhance or diminish the patent owner's likely trial
results. Goldstein, Faucett & Prebeg, LLP understands the
importance of claim construction and guides litigations
with an eye toward the important date when the Court
will rule on the scope of the claims.
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