The construction of patent claims plays a critical role in nearly every patent case. It is central to evaluation of infringement and validity, and can affect or determine the outcome of other significant issues such as unenforceability, enablement, and remedies. Over the past two decades, the substantive standards and process for delineating patent claim terms have undergone significant evolution. The Supreme Court’s decision in Markman v. Westview Instruments4 marked the beginning of the new era, but the Federal Circuit’s search for workable standards as well as the experimentation of district courts with case management process – most notably the development and spread of Patent Local Rules – also played major roles in the reformation of patent litigation
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