A hearing before the judge to determine the meaning of words in the patent claims. (The hearing is named for Markman v. Westview Instruments. This determination is known as “claim construction.” Claim construction is critical to defining the scope of a patent so that validity and infringement can be determined. Claim construction is reviewed by the Federal Circuit de novo (that is, without deference to the district court). As a result, district court claim construction decisions are reversed by the Federal Circuit 30-40% of the time.
More Posts
Study Confirms That PREVAIL Act, Patent Office ANPRM Proposals Will Hurt the Economy
A study from the Perryman Group – an economic and financial analysis firm based in Waco, Texas – confirmed that proposals contained in both the United States Patent and Trademark Office’s (USPTO...
“Clear Abuse of Discretion” Leads to New Venue Precedent
In late October, the Fifth Circuit Court of Appeals reversed a decision by the District Court for the Western District of Texas that blocked TikTok Inc.’s request to move a patent infringement suit ...
Correcting the Record on the PREVAIL Act
Earlier this month, the Senate Judiciary Subcommittee on Intellectual Property held a hearing to discuss Reforming the Patent Trial and Appeal Board – The PREVAIL Act and Proposals to Promote U.S. I...