Strategies for Patent Claim Contruction

Protecting Claims Post Phillips v. AWH

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

Conducted on Tuesday, January 9, 2007

Course Materials


The past few years have seen a number of decisions focused on examining claim interpretations in patent infringement litigation, particularly in the use of extrinsic evidence. The federal circuit's recent decision in Phillips v. AWH clarifies the use of such evidence in construing the meaning of terms in a claim, shifting more emphasis to the intrinsic record.

Listen as our authoritative panelists examine the weight given to specifications, prosecution history, and extrinsic evidence and the role of dictionaries and specifications in determining the meaning of terms. The panel will focus on the impact of the Phillips' decision on litigation, opinion drafting, patent prosecution and corporate patent policies, as well as other decisions interpreting claim construction, and discuss best practices for defending patents.



The panel will review these and other key questions:

  • What is the role of intrinsic vs. extrinsic evidence and the prosecution history in construing a patent claim?
  • What is the relevance of the doctrine of equivalents post-Phillips?
  • What are the lessons of Phillips and other recent federal circuit decisions on claim construction for patent attorneys?


Hung H. Bui
Hung H. Bui
Stein McEwen & Bui

He counsels clients regarding IP matters, with a special focus on prosecution and strategic planning of IP portfolios....  |  Read More

Warren Macrae
Warren Macrae
Bryan Cave

He concentrates his practice in chemical patent matters with particular emphasis in the areas of pharmaceuticals,...  |  Read More