Sentences with phrase «claim construction arguments»

In the Intellectual Property practice, past summer associate assignments included preparing trademark and patent applications, analyzing patent claims, developing patent portfolio filing strategies and developing claim construction arguments for briefs.

Chris was involved in all facets of the case including preparation of defendants «invalidity defenses and claim construction arguments.

If you had a pretty good, but still losing claim construction argument at the district court, you have an argument to the Federal Circuit that you had a reasonable believe you didn't infringe the patent because of it.

Not exact matches

Interesting changes though — Just before the Federal Circuit oral arguments in this case, the PTO Solicitor withdrew its support from the PTAB's original decision and provided notice that the PTO is actively reconsidering its approach to claim construction and indefiniteness.

Arguments based on your version of a book compiled from dozens of sources hundreds of years after the events they claim to relate and for many parts of which contradictory evidence is a «plenty (No historical evidence whatsoever of an Exodus, for example plus we now know the Egyptians did not use a slave - based economy for construction as one example.

If you don't want to live near a road, power station or wind farm, surely that's as good a reason as you need to challenge the argument for their construction near you — to ask why it was necessary, rather than take the claims that it is necessary at face value.

Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).

Now she has a problem, and the only reasonable solution I can see is that the» 647 patent be withdrawn from the current case because Apple's infringement argument and its damages claim, both erroneously supported by Judge Koh, were based on a wrong claim construction.

The jury should focus on claim construction (understanding the related directions from the court), infringement and non-infringement theories, validity and invalidity arguments.

At oral argument, counsel for Cuozzo argued that the PTAB should apply the Phillips claim construction analysis to IPR proceedings for several reasons: 1) BRI only applies when a claim under review may be freely amended; 2) Congress intended the IPR process to be «adjudicatory» rather than «examinational;» and 3) the two different standards would result in anomalies, including situations where claims mean «one thing for patentability in the Board, but a wholly different thing for infringement in the district courts.»

Presentation of oral argument to the Connecticut Supreme Court on behalf of a bridge contractor concerning the scope of a statutory waiver of the state's sovereign immunity for disputed claims under contracts with the state for the design, construction, construction management, repair, or alteration of any highway, bridge, building or other public works of the state.

The Supreme Court spent the vast majority of the argument questioning counsel about the BRI claim construction standard, and discussed the patent owner's ability to appeal PTAB institution decisions only briefly.

Samsung argues that it was Apple's choice to base its» 647 - related arguments on a broader claim construction than the one the Federal Circuit ultimately affirmed (Samsung says «Apple «shot for the moon»»), and «Apple's risk failed» when the appeals court handed down its opinion in what I always just call the «Posner case».

Marc has extensive litigation experience from jury selection; presenting opening statements; examining (direct and cross) fact and expert witnesses; giving closing arguments; conducting Markman hearings; successfully arguing preliminary injunction motions; drafting successful discovery briefs, claim construction briefs, summary judgment briefs, and appeal briefs; managing electronic discovery activities; coordinating large document productions; and negotiating settlement, licensing and acquisition agreements.

What is troubling is that the panel apparently agreed during oral argument that the lower court's stated basis for the claim construction it adopted was grammatically incorrect and contrary to well established cannons of claim construction.

After we showed this animation to the judge during the claim construction hearing, and after the accompanying argument, he eventually began reciting the tag - line of «insert, pivot, and lock» himself in addressing questions to counsel.

Students will be assessed on the basis of two writing assignments, a Markman / claim construction brief and a summary judgment motion, and on an oral argument on their brief.