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New Title! Patent Claim Construction and Markman Hearings  February 8, 2013 – 04:12 pm

In January 2013, PLI published Patent Claim Construction and Markman Hearings.

Determining the proper construction of patent claims is the necessary prelude to any inquiry as to whether those claims have been infringed, and this construction takes place in “a litigation system that is unique to patent cases.” Patent Claim Construction and Markman Hearings is a succinct guide to both claim construction and the special procedures that have evolved to accomplish such construction.

Since the decisions of the Federal Circuit and the Supreme Court in Markman v. Westview Instruments, it has been clear that patent claim construction is a question of law exclusively for the court, not something to be submitted to the jury. Patent Claim Construction and Markman Hearings explains the guiding principles that the courts use, the intrinsic and extrinsic evidence they consider, and the effect of prior constructions of the same claim. Since “rules” of construction are hard to come by, the book provides insight into the process by fully discussing how judges have decided upon particular claim constructions.

Source: PLI Librarian

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