Is extrinsic evidence ever necessary to decide claim construction disputes?
Article Abstract:
The author evaluates the use of extrinsic evidence in patent claim construction litigations. He addresses issues including the advisability and necessity of using extrinsic evidence, and the weight to be given such evidence on appeal.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2000
User Contributions:
Comment about this article or add new information about this topic:
Use of objective evidence of non-obviousness in the federal courts
Article Abstract:
Patent lawyers must review case law to discover the various secondary considerations of non-obviousness used by federal courts for several years in patent litigation. Courts determining patent invalidity under Patent Code section 103 must consider non-obviousness as a factor if it is presented according to the US Supreme Court in 1966's Graham v. John Deere Co. Subsequent courts have specified secondary considerations but their weight remains dependent upon the factual circumstances in each case.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Is extrinsic evidence ever necessary to resolve claim construction disputes?
Article Abstract:
The theme of the article is that extrinsic evidence should not be the main basis for deciding patent claim construction disputes. A practical taxonomy of claim construction disputes and a proposal for judging the admissibility of extrinsic evidence in patent claim construction disputes are given.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Mike's friendly Microsoft takeover; how one lawyer got control of all those M'soft class actions. Microsoft: judge vs. judge; the appellate opinion is a factor at final arguments
- Abstracts: Getting paid in trade; barter can be a boon for cash-strapped practitioners. Fear of being left a loan; ease borrowing anxiety with a business plan
- Abstracts: Admissions tests; fewer post-Daubert federal judges allow experts to testify without limitation in civil trials, study finds
- Abstracts: The biggest jury verdict of 1999; a typical verdict of last year was way up, but nothing like this one. Fighting back; 1999's biggest defense wins made waves, if not headlines