Patent Claim Construction and Markman Hearings provides in-depth guidance to this important area of patent practice, walking the reader through the entire process of preparing for, conducting, and appealing a Markman hearing. This book helps readers understand how courts decide “what a person of ordinary skill in the field of the patent invention would understand the language of the claim to mean”, the impact of prior constructions on a new hearing, how to decide what claims or claim elements should be construed by the court, what constitutes intrinsic and extrinsic evidence in interpreting the claim, at what point in the overall patent proceeding a construction hearing should be held, and what are the rules that will be used when a contested construction is an issue in an appeal to the Federal Circuit.
The new release includes the following updates:
- Reviews a case in which a district court judge recused himself from the case on remand from the Federal Circuit because he had “no idea how to reconcile the facts presented to the court with the Federal Circuit’s holding” and did not believe that that he could “set aside [his] previous conclusions to make an impartial determination.” (See section 1:3.1).
- Covers Vascular Solutions LLC v. Medtronic, where the Federal Circuit rejected the notion that a term—“substantially rigid portion/ segment”—needed to be consistent across claims. (See section 2:2.1[B][5]).
- Includes discussion of a case in which the Federal Circuit explained how to determine whether the lower court or Board construed a claim or whether it has simply compared the claim to prior art or an allegedly infringing technology (See section 11:2).
Appendix C, Table of Authorities and Index have also been updated.
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