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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.
Make Sure the Intrinsic Evidence Supports Your Claim Construction
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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.