July 2005

Who says claim construction is difficult? Who says it’s unpredictable? Nonsense! Claim construction is easy! Anyone can do it. You simply follow the clear guidelines set out by the Federal Circuit.

And where do you find those?

That’s easy too. The Federal Circuit has helpfully set them out in today’s en banc decision in Phillips v. AWH Corporation. Just read it — all fifty-six pages of it.

Start with the majority opinion by Judges Bryson, Michel, Clevenger, Rader, Schall, Gajarsa, Linn, Dyk and Prost. And check out the additional views of Judge Lourie, who joins with respect to parts I, II, III, V and VI, and those of Judge Newman who joins with respect to parts I, II, III, and V. But don’t forget Judge Lourie’s dissent-in-part in which Judge Newman joins. And then there’s the dissent from Judge Mayer, in which Judge Newman joins. But trust me, it makes sense. It really does. I’m so grateful the court has made things clear.
Continue Reading Have We Made Ourselves Clear?

Well, things have been quite busy around here the last month or so, with an oral argument before the Federal Circuit last month and a case going to trial in a couple of weeks. Although I haven’t posted in a while, I still find time to keep up with the so-called “patent reform” efforts currently