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Archived updates for Monday, October 18, 2004

Phillips Amici Urge "Holistic" Claim Interpretation?

According to an article by Marc J. Pernick, Robert F. Kramer, David Horton and Marisa Fortunati on October 8, 2004, the majority of the amici briefs in the en banc rehearing of Phillips v. AWH are urging the court to interpret claim terms by looking primarily to the patentee's use of the terms in the specification and prosecution history and secondarily to dictionaries and similar sources if useful. The majority also advocated allowing expert testimony to play at least some role in claim construction. Further, most of the amici urged the Federal Circuit to accord deference to varying aspects of trial court claim construction rulings, rather than review these findings entirely de novo.
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