Search by...
- Keyword
- Title
- Author
- Subject
- Publisher
Results should have...
- All of these words
- Any of these words
- This exact phrase
- None of these words
Keyword searches may also use the operators
AND, OR, NOT, “ ”, ( )
AND, OR, NOT, “ ”, ( )
Patent Claim Construction: A Sliding-Scale Standard of Review
Beginning of article
I. INTRODUCTION
In patent suits, a determination of patent infringement consists of two steps.1 First, the court must determine the scope of the patent claims; second, it must compare the properly construed claims to die allegedly infringing device. Construction of the patent claims establishes the scope of the property rights protected by the patent; it is a fundamental principle of patent law that "the claims of a patent define the invention to which the patentee is entitled the right to exclude."3
Claims are frequently "amenable to multiple interpretations and constructions."4 Currently, patent claim construction is a pure issue of law that does not involve subsidiary …
