Message: I wonder how Duane Morris views its prospects
17 One study done in 1997 reported that the Federal Circuit reversed 38.3% of cases involving claim construction.
18
Relatively little guidance was offered as to the extent extrinsic evidence (i.e. expert testimony, dictionaries, technological treatises) should be used by the trial court when construing the language of patent claims.
19 Though the evidentiary debate was a prevalent issue soon after Markman, the controversy surrounding it has subsided after the Federal Circuit’s holding in Vitrionics Corp. v. Conceptronic, Inc.20 In Vitrionics, the Federal Circuit held, "only if there were still some genuine ambiguity in the claims, after consideration of the all available intrinsic evidence, should the trial court have resorted to extrinsic evidence."21 In subsequent decisions, the Federal Circuit has given trial court judges flexibility in using extrinsic evidence to provide assistance for background technical knowledge.22
3 Recommendations
Loading...
Loading...
New Message
Please
login
to post a reply