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Publications

Is the Role of the Expert Witness in Claim Construction Changing?

April 1, 2016

The proper role of extrinsic evidence in claim construction, in particular expert witnesses, has long been a matter of some debate. The Federal Circuit has been fairly consistent in characterizing extrinsic evidence as less important than the intrinsic record (the patent and its prosecution history) when construing claim terms. However, because claim construction focuses on […]

R. Parrish Freeman

Taylor J. Wright

Mayo / Alice Step One: Not your Father’s Claim Construction Inquiry

March 1, 2016

By Rex Sears Not quite four years ago, Mayo Collaborative Services v. Prometheus Laboratories, Inc.[1] prescribed a two-step analysis for applying the laws-of-nature exception to patent eligibility under 35 U.S.C. § 101. Less than two years ago, Alice Corp. Pty. Ltd. v. CLS Bank International[2] established that Mayo’s two-step analysis is not limited to laws of […]

Software Patents are Not Dead

November 20, 2015

By Jason Sanders Published in The Enterprise Technology Focus Issue It’s been over a year since the Supreme Court’s decision on Alice Corp v. CLS Bank (lovingly referred to as Alice).  Since then, there has been widespread speculation whether software patents will survive in the United States.  Many courts have invalidated some software related patents, […]

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Publications

Is the Role of the Expert Witness in Claim Construction Changing?

April 1, 2016

The proper role of extrinsic evidence in claim construction, in particular expert witnesses, has long been a matter of some debate. The Federal Circuit has been fairly consistent in characterizing extrinsic evidence as less important than the intrinsic record (the patent and its prosecution history) when construing claim terms. However, because claim construction focuses on […]

R. Parrish Freeman

Taylor J. Wright

Mayo / Alice Step One: Not your Father’s Claim Construction Inquiry

March 1, 2016

By Rex Sears Not quite four years ago, Mayo Collaborative Services v. Prometheus Laboratories, Inc.[1] prescribed a two-step analysis for applying the laws-of-nature exception to patent eligibility under 35 U.S.C. § 101. Less than two years ago, Alice Corp. Pty. Ltd. v. CLS Bank International[2] established that Mayo’s two-step analysis is not limited to laws of […]

Software Patents are Not Dead

November 20, 2015

By Jason Sanders Published in The Enterprise Technology Focus Issue It’s been over a year since the Supreme Court’s decision on Alice Corp v. CLS Bank (lovingly referred to as Alice).  Since then, there has been widespread speculation whether software patents will survive in the United States.  Many courts have invalidated some software related patents, […]

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