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Phillips v. AWH: Practical Pointers on the Use of Intrinsic and Extrinsic Evidence
The Federal Circuit's en banc decision in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), provides a reminder, for patent prosecution attorneys and patent litigators alike, of the types of evidence that can be used to support a patent claim construction. In short, intrinsic evidence ' namely, the claim language, specification and prosecution history ' remains the primary source materials for interpreting patent claims. On the other hand, extrinsic evidence ' namely, dictionaries, treatises and expert testimony ' may not have the same persuasive status previously accorded by the Federal Circuit's decision in Texas Digital Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193 (Fed. Cir. 2002). Nonetheless, extrinsic evidence retains its role in helping to explain the meaning of claim terms as understood by a person of ordinary skill in the art. Extrinsic evidence also can be useful to explain the “context” of the invention that informs any claim construction.
Thus, patent drafters should draft applications that include the intrinsic evidence needed to fully describe the invention. Similarly, patent litigators should carefully review the intrinsic evidence to determine its scope, as well as carefully select any extrinsic evidence to ensure that a court will consider it in determining the proper meaning of a claim term.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?