Thesaurus of Patent Claim Construction
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Product description
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Claim construction is a major phase of patent litigation where the meaning and scope of both the claims as a whole and individual claim terms are determined by the court. The outcome of this construction phase is crucial to the respective infringement and invalidity positions of the parties.
Thesaurus of Claim Construction directs practitioners to the cases in which claim terms have previously been construed, and further to the sources of the evidence used by past courts to construe the terms in dispute.
This 2024 Edition continues to include entries that focus on Biotechnology, Pharmacology, and Cleantech.
Features
• A unique, comprehensive thesaurus for claim construction terms
• Written by two experts with a wealth of experience in IP law and technology
• An excellent source of relevant cases tailored to the needs of those specifically interested in claim terms
The previous edition's ISBN is 9781663359995.
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Reviews
"It provides a very useful set of alternative constructions of words and phrases with citations from US patent cases and brief commentary...This two volume set also has insightful sections on means plus function elements, design patents and how to determine what 'ordinary skill' really means in the context of the patent you're looking at. With an index that runs to over 200 pages, it's also easy to find everything." --Duncan Bucknell, Think IP Strategy
"An indispensable reference book for anyone who litigates patent cases." --Mark A. Lemley, William H. Neukom Professor, Stanford Law School
"Claim language and claim construction are probably the most frequently debated legal issues in patent prosecution and patent litigation respectively. This book offers an invaluable resource and desk reference for parties to those debates." -- Dennis Crouch, Associate Professor of Law, University of Missouri School of Law, Author of Patently
"The Thesaurus of Claim Construction by Stuart Soffer and Robert Kahrl gives all stakeholders-lawyers, judges, patent owners, accused infringers and the public-a powerful tool to quickly access accepted definitions and point the way to useful references. Those who use it will save time and increase the odds of success in a patent litigation." -- James Pooley, Deputy Director General for Innovation and Technology, World Intellectual Property Organization
"The Thesaurus of Claim Construction will be of great service for both the courts and patent practitioners in determining how courts have defined specific terms, predicting how they may define new terms, as well as to simplify the complex and evolving claim construction process." -- David Stephenson, LoTempio Law Blog
Table of contents
Volume 1 Table of Contents
CHAPTER 1 How to Use This Book
CHAPTER 2 Outline of the Law of Claim Construction
CHAPTER 3 Simple Terms
Volume 2 Table of Contents
CHAPTER 3 Simple Terms (Continued)
CHAPTER 4 Outline of the Law Construing Means Plus Function Elements
CHAPTER 5 Means Plus Function Terms
CHAPTER 6 No Construction Necessary
CHAPTER 7 Design Patents
CHAPTER 8 Ordinary Skill
APPENDIX A Index of Keywords in Context
APPENDIX B Table of Dictionary References
APPENDIX C Selected Text of the United States Code, Title 35
Subject Matter Index
Table of Cases