- Projected CLE: 6.0 hours
- Price: $995
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Instructors:
Edward Manzo
- Course Times: April: 8:00 - 4:30 (Wed)
- Course Times: AUG. 2010: 8:30-11:30; 12:45-4:15 (Mon)
- Download Syllabus
Please note that the faculty member listed for this course is subject to change prior to the actual course date.
The interpretation of patent claim language is the single most important aspect of patent enforcement. The first question a court asks in an infringement analysis is “What was invented?” This translates to “What is the meaning of the patent claims at issue?” About half of all patent enforcement actions are resolved summarily (at the trial court level) once the court declares the meaning of the asserted claims. This question arises also in determining a host of other patent questions – so much so that one finds patent claim “construction” in virtually all aspects of patent practice.
The course is not merely for litigators who need to understand the process, but also for all sentient patent licensing executives who want to understand the reach of patents they seek to license. Conversely, this course is invaluable for anyone offered a license or who wants to design around an adversely-held patent as an alternative to licensing. Further, this course will improve the skills of patent prosecutors, who will understand better the potential pitfalls in the patents they create.
We will cover the origins of patent claim interpretation, the leading case law of the U.S. Court of Appeals for the Federal Circuit (which has exclusive appellate subject matter jurisdiction over most patent cases), both substantive and procedural, the various canons of claim interpretation, caselaw on how the specification and the file history impact the claim scope, how dictionaries and reference materials may be used, the role of experts and the inventor in the process, and other substantive aspects of the law. In addition, we will also cover the law on applicable judicial procedures, such as when estoppel applies, law of the case, etc.
We will conclude with a fast-paced interactive presentation of The Claim Construction Game™ which covers the recent substantive and procedural caselaw of the Federal Circuit.