Overview

Claim construction is a major phase of a patent litigation where the meaning and scope of the claims themselves - the invention - is determined by the court. The outcome of this definition phase is crucial to the respective infringement and invalidity positions of the parties. The Thesaurus of Claim Construction directs practitioners to cases-and in contrast to searches on more general electronic databases, only those cases-in which claim terms have previously been construed, and further to the sources of the evidence used by previous courts to construe the terms in dispute.

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9780199737116

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<br> An indispensable reference book for anyone who litigates patent cases. <br>--Mark A. Lemley, William H. Neukom Professor, Stanford Law School <br> Claim language and claim construction are probably the most frequently debated legal issues in patent prosecution and patent litigation respectively. This book offers an invaluable resource and desk reference for parties to those debates. <br>--Dennis Crouch, Associate Professor of Law, University of Missouri School of Law, Author of Patently <br> People often compare patents to deeds, but the English language doesn't allow the boundaries of invention to be staked out so precisely. With almost every word in every claim open to dispute, claim interpretation can overwhelm the process. The Thesaurus of Claim Construction by Stuart Soffer and Robert Kahrl gives all stakeholders-lawyers, judges, patent owners, accused infringers and the public-a powerful tool to quickly access accepted definitions and point the way to useful refere

Author Information

Robert C. Kahrl is a practice leader of the Jones Day intellectual property practice. He specializes in litigation of cases involving issues of technological complexity. His recent work has been in the fields of semiconductors, electronic systems, and medical devices. Cases in which his appearances have been a matter of public record include the largest patent-related litigation ever conducted before the International Trade Commission involving 10 patents for various aspects of DRAM chips (In re Certain Dynamic Random Access Memories). He is the author of the treatise Patent Claim Construction (Aspen Law & Business 2001, supplemented annually). Stuart B. Soffer is a non-residential fellow of the Stanford Law School Center for Internet and Society, and is the president of IPriori, Inc., a consultancy on intellectual-property issues regarding software and the Internet, including media download and digital rights. He is frequently retained as a technical expert analyzing infringement/validity in patent litigation and also consults on IP development and commercialization.

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