IP: Supreme Court May Make Patent Litigation Less Expensive

Companies that often find themselves embroiled in patent litigation will benefit in the long run if the Supreme Court rules that deference is to be given to district court claim constructions.

May 1, 2012

Claim construction is often considered the most critical phase of patent litigation before trial. The construction of claim terms, which is essentially an explanation of what the claims mean, is critical to determinations of infringement and validity. In fact, claim construction is often dispositive on these issues.

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