ARTICLE
2 February 2024

Taking A Closer Look At Fed. Circ. Claim Construction Split

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Indeed, an empirical analysis of one year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions — the Northern District of California, the District of Delaware, and the Eastern and Western Districts of Texas —...
United States Intellectual Property

In an expert analysis published by Law360, Partner Todd Zubler, Counsel Jonathan Knight and Senior Associate Andrew Xue discuss the two disparate lines of claim construction case law that have emerged in Federal Circuit panel decisions, the Phillips and Thorner lines of case law.

Excerpt: "Indeed, an empirical analysis of one year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions — the Northern District of California, the District of Delaware, and the Eastern and Western Districts of Texas — shows that claim construction varies in material ways depending on which Federal Circuit panels and which district courts are doing the analysis."

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