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.
All Content © 2003-2011, Portfolio Media, Inc.
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.
William H. Manning
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.