Arbitrating to Avoid the Markman Do-Over Resolving the issues of infringement and validity in a patent infringement suit requires knowing what the claims mean. The grounds for setting aside an arbitrator’s “claim construction” are much narrower than the grounds for setting aside a trial court’s claim construction. Thus, arbitrating claim construction significantly reduces the risk that the parties will have to retry infringement and validity issues because of an erroneous claim construction. THE HONORABLE JUDGE KOH IS AN EXCELLENT OVERSEER OF HER COURTROOM...
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