[Download] "To Construe Or Not to Construe: At the Interface Between Claim Construction and Infringement in Patent Cases." by Missouri Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: To Construe Or Not to Construe: At the Interface Between Claim Construction and Infringement in Patent Cases.
- Author : Missouri Law Review
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 353 KB
Description
I. INTRODUCTION The United States Court of Appeals for the Federal Circuit is approaching its thirtieth anniversary (1) as the key driving force behind development of patent law in the United States. (2) As a single, specialized appellate court, the Federal Circuit has exclusive jurisdiction to hear patent appeals from U.S. district courts and the International Trade Commission. (3) Its ability to adapt modern patent jurisprudence to address the evolving concerns of the patent law community and the needs of the patent system is unique and powerful. (4) A frequently exercised and somewhat controversial power of the Federal Circuit is its ability to perform de novo review of trial court determinations of claim construction, which assigns a legal scope to patent claims as a matter of law. (5) Claim construction is perhaps the most critical issue in patent disputes and commentators frequently identify it as a key factor underlying high reversal rates and uncertainty in patent law. (6)