Using Claim Construction to Impact Damages Analyses

June 6, 2011

Law360, New York (June 6, 2011)--Patent litigants often consider only liability issues, including infringement and invalidity, when determining claim construction strategies. Plaintiffs attempt to capture the accused products while excluding threatening prior art.  Defendants attempt the opposite. Both sides also should consider a third area in which to shape the case during claim construction: the potential for establishing or eliminating potential noninfringing alternatives that will impact the damages analysis.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

William H. Manning

Sam Walling

Jacob Zimmerman

Related Publications

November 2020
Explaining the Almost Unexplainable
David Prange, Benjamen Linden, Vivek Biswas - Intellectual Property Magazine
October 2, 2020
Does an AB Rating Fill Out a Skinny Label?
Jeffrey Alan Hovden, Oren D. Langer
September 22, 2020
Herbal Patent Protection
Shui Li - 闻宁阁 American Intellectual Property
August 26, 2020
INSIGHT: Avoiding Trade Secret Claims After Seeing a Competitor’s Crown Jewels
Jake Holdreith, David Prange, Emily Tremblay - Bloomberg Law
Back to Top