Use of Dictionaries to Construe Patent Claims: Potential for Clarification from the Federal Circuit

In 1982, Congress created and transferred exclusive appellate jurisdiction over patent cases to the Federal Circuit with the hope that a single appellate court reviewing patent litigation would lead to a unified body of patent law. However, patent litigation remains unpredictable, due in part to the uncertainties involved in the process of interpreting patent claims. In the past 10 years, the Federal Circuit has attempted to establish clarity and uniformity in claim construction. According to practitioners and judges, the Federal Circuit's attempts have been met with limited success and potentially additional confusion. As such, claim construction under the current patent system remains unpredictable, as the Federal Circuit often reverses or modifies district courts' claim construction rulings.