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- Title
To Construe or Not to Construe: At the Interface Between Claim Construction and Infringement in Patent Cases.
- Authors
Mudd, Jason R.
- Abstract
The article discusses how the patent disputes are resolved by the U.S. appellate courts that involve a marginal interface between claim construction and infringement. It also examines the background and modern legal framework for classifying claim construction as a pure question of law that is answered prior to and separate from the issue of infringement. Further, it discusses courts decision in cases such as Markman v. Westview Instruments Inc. and Cybor Corp. v. FAS Technologies Inc.
- Subjects
UNITED States; CONFLICT of laws; PATENT infringement; CLAIMS making; MARKMAN v. Westview Instruments Inc. (Supreme Court case); WESTVIEW Instruments Inc.; CYBOR Corp.; FAS Technologies Inc.; ACTIONS &; defenses (Law); PATENTS
- Publication
Missouri Law Review, 2011, Vol 76, Issue 3, p709
- ISSN
0026-6604
- Publication type
Article