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Re: sjaym post# 396433

Friday, 02/27/2015 5:47:58 PM

Friday, February 27, 2015 5:47:58 PM

Post# of 432570
sjaym: A narrow or broad construction of a patent’s words/phrases during claim construction can both help and hurt a case. Here is a simple explanation


The litigation stakes were high for the Lighting Ballast decision. Claim construction, as the process for determining the scope and meaning of the asserted patent claims, is typically the single most important issue in a patent-infringement case. A narrow construction of patent claims can lead to a finding of non-infringement, while a broad claim construction will more typically lead to a finding of patent infringement. On the other hand, a broad claim construction may lead to a finding that the patent is invalid in light of the prior art, where a narrow claim construction may establish that the patent claims are valid over the prior art. Claim construction, very often, is the dispositive issue in a patent-infringement lawsuit.

http://mobile.btlaw.com/alert-federal-circuit-retains-non-deference-standard-for-claim-construction-february-2014/
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