Judicial Capacities and Patent Claim Construction: An Ordinary Reader Standard
نویسندگان
چکیده
منابع مشابه
Patent "Trolls" and Claim Construction
This Essay explores the largely overlooked relationship between claim construction and patent assertion entities (patent “trolls”) finding that claim construction problems and trends benefit patent assertion entities. First, the Federal Circuit is deeply divided as to the proper approach to claim construction. This split is a significant contributor to uncertain patent scope, which is widely-re...
متن کاملThe Columbia
The United States Court of Appeals for the Federal Circuit currently reverses from one-third to nearly one-half of all U.S. district court patent claim construction decisions. Because claim construction often determines the outcome of patent litigation, the high appellate claim construction reversal rate contributes to significant uncertainty among inventors and investors. Congress is currently...
متن کاملA Patent Panacea?: The Promise of Corbinized Claim Construction
A patent's claims define the scope of a patent-holder's right to exclude others. Because patent infringement actions often hinge on how a court construes claim terms, the interpretative approach that a court uses has a significant effect on the scope ofpatent rights. This article examines claim construction through the lens of contract law. In theory, the Federal Circuit has explicitly rejected...
متن کاملDo “fuzzy” Software Patent Boundaries Explain High Claim Construction Reversal Rates?
Bessen and Meurer (2008) theorize that a breakdown in notice of patent boundaries caused the patent litigation surge of the 1990s. They argue a prime source of this breakdown was the proliferation of software patents with particularly uncertain scope. In this paper I seek evidence that software patent scope is more uncertain by extending the empirical literature on claim construction reversal r...
متن کاملIs the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance
As an appellate body jurisdictionally demarcated by subject matter rather than geography, the United States Court of Appeals for the Federal Circuit occupies a unique role in the federal judiciary. This controversial institutional design has profoundly affected the jurisprudential development of legal regimes within its purview—especially in patent law, which the Federal Circuit has come to tho...
متن کامل