Transcription of Chapter 4 Claim Construction - JurisDiction
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Chapter 4 Claim Construction - JurisDiction
6-1 Chapter 4 Claim Construction TABLE OF CONTENTS INTRODUCTION: WHAT DOES THE Claim MEAN? .. 1 HISTORY OF CLAIMING .. 2 HISTORY OF Claim Construction .. 5 The Two Part Test: Literal and Substantive Infringement .. 5 Literal Infringement .. 7 Substantive Infringement .. 9 Catnic .. 13 Improver .. 16 THE FIRST DUTY OF THE COURT .. 17 Claim Construction is the Job of the Court .. 18 Patent as a Regulation .. 20 Markman Hearings .. 20 Use of Expert Witnesses .. 21 THE PRINCIPLES OF Claim Construction IN FREE world .. 27 PURPOSIVE Construction .. 30 Rejection of Form and Substance Approach .. 32 STEP 1: WHAT DO THE WORDS AND PHRASES IN THE Claim MEAN? .. 33 Pre- Construction Set-Up .. 34 The Relevant Date .. 35 The Skilled Reader .. 36 Objective Attitude or Biased for Really Useful Inventions .. 38 With an Eye on the Defendant s Product.
6-1 4.1. INTRODUCTION: “WHAT DOES THE CLAIM MEAN?” Patents, and the lawsuits that result from them, have been described by embittered litigants as … a world where men substitute words for realities and then talk about the
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