Module 17 2024

Claim Construction

• The first substantive thing that a judge in a U.S. patent case does is to construe the claims

• The claims are often interpreted differently by the parties to a patent case

– These differing constructions are often outcome determinative

– Each party tries to convince the judge that he/she should adopt that party’s construction

• The proceeding is called a “Markman hearing” in the U.S.

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Claim Construction Example

• The invention of U.S. Patent No. 5,348,544 is directed to a safety needle with a needle guard that can be deployed:

first position (open position in which guard is not deployed)

second position (closed position in which guard is deployed)

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