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- Title
A Distinction Without a Difference: Convergence in Claim Construction Standards.
- Authors
Dolbow, Laura E.
- Abstract
The article discusses the author's views about the different claim construction standards that have converged in American legal practice as of 2017, and it mentions inter partes review (IPR) proceedings, post-grant proceedings at the U.S. Patent and Trademark Office (PTO), and America's Leahy-Smith America Invents Act of 2011. The U.S. Patent Trial and Appeal Board and the claim construction standard that was established in the Phillips v. AWH Corp. patent invalidity case are assessed.
- Subjects
UNITED States; CAUSES of action; LEGAL claims; PATENT invalidation; PRACTICE of law; PATENT law; UNITED States. Patent &; Trademark Office; AWH Corp.; UNITED States. Patent Trial &; Appeal Board; U.S. states
- Publication
Vanderbilt Law Review, 2017, Vol 70, Issue 6, p1071
- ISSN
0042-2533
- Publication type
Article