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Move Over Markman- The Federal Circuit Takes a Claim Construction case en banc

by Elizabeth Rader, posted on July 21, 2004 - 4:57pm.

Suuuueeee, feeding time for patent litigators (and patent avengers!). The Federal Circuit has issued an Order taking en banc a case called "Phillips" about how patent claims should be construed. Call it Markman II, call it Markman's Revenge, Escape from the Planet Markman or what you will, this is all that patent lawyers are going to be talking about for the next 18 months or so. Pricking a long-festering blister, the Court wants to hear about what kinds of evidence the Judge can consider to interpret those pesky claims- what kinds of documents, what kinds of testimony. I love an evidentiary issue!
I am available to discuss amicus brief writing opportunities.

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