Patent Claim Drafting and Construction in 2013

Crafting Claims to Withstand Scrutiny and Avoiding Claim Limitation Attack

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, March 20, 2013

Recorded event now available

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Course Materials

This CLE course will provide guidance to patent counsel for defining patent claims, examine recent court treatment of claim construction issues, and offer approaches for claim construction and drafting.

Description

Claim construction is the basis for deciding the validity of a plaintiff's claim and whether the defendant infringed the patent. Patent counsel must consider the future construction of claims when drafting them to both support the subject matter of the patent and to remain valid over prior art.

When including prior art references, for example, counsel must confirm that the prior art uses a term in the same way as in the specification. Further, the claim should describe prior art using terms consistent with those used to describe the embodiments.

This seminar will cover key elements of claim construction, including prior art, patent application disclosure, function, specification, claim scope, avoiding patent profanity, recent court treatment, and tips for obtaining and attacking patents.

Listen as our authoritative panel of patent practitioners examines key considerations when defining and drafting claims and how the courts are treating claim construction issues.

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Outline

  1. Claim scope
  2. Defining claim
    1. Care in defining terms
    2. Patent profanity
    3. Avoiding extraneous claim limitation attack
    4. Incorporation by reference
  3. Claim drafting
    1. Ordinary works
    2. Functional language
    3. Key considerations
  4. Claim construction
    1. Court treatment
    2. Extrinsic evidence

Benefits

The panel will review these and other key questions:

  • What are the key considerations for counsel in patent drafting?
  • What steps can be taken to avoid patent profanity?
  • What are the lessons of recent federal circuit decisions on claim construction for patent counsel?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Irving, Thomas
Thomas L. Irving
Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,...  |  Read More

Lauren L. Stevens
Lauren L. Stevens
Of Counsel
Foley & Lardner

She practices strategic client counseling and patent procurement in the pharmaceutical area, including the preparation...  |  Read More

Colin G. Sandercock
Colin G. Sandercock
Partner
Perkins Coie

Mr. Sandercock practices in the areas of patent litigation, procurement, management and enforcement of domestic...  |  Read More

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