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ARTICLE · 19 AUGUST 2004

Federal Circuit to Give En Banc Consideration to Claim Construction

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Claim construction is one of the most important issues, if not the most important issue, in patent law.

United StatesLitigation, Mediation & Arbitration
Foley & Lardner
Foley & Lardner
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Claim construction is one of the most important issues, if not the most important issue, in patent law. However, the rules on how one properly interprets a claim have been difficult and confusing, if not at times inconsistent. Help may be on the horizon; certainty and clarification may be coming. On July 21, 2004, the U.S. Court of Appeals for the Federal Circuit granted a petition to rehear en banc a case that hopefully will help resolve issues concerning the construction of patent claims. The case is Phillips v. AWH Corp., No. 03-1269, -1286.

The court invited the parties, as well as other interested persons or organizations, to submit additional briefs on seven specific issues of claim construction. These issues included:

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