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Issue 05/13 | March 17, 2005
Phillips v. AWH: Expected To Greatly Impact Issues Surrounding Methodology of Claim Construction.

Phillips v. AWH: Well over thirty non-party briefs were filed in this closely watched case that is expected to greatly impact issues surrounding the methodology of claim construction.  Although each brief is different, the arguments can be roughly categorized into three subsections: (1) how should various types of evidence, such as dictionaries and the specification, be relied upon during claim construction; (2) how can the specification be used to construe the claims without impermissibly importing limitations into the claims; and (3) how, if at all, should the appellate court give deference to a district court's claim construction?

The following summarizes the arguments presented by a number of Amicus Briefs filed in the appeal:
http://www.aplf.org/mailer/Issue2005-13.pdf

To discuss these topics further, please feel free to contact Dennis Crouch (crouch@mbhb.com), or Daniel Boehnen (boehnen@mbhb.com) at McDonnell Boehnen Hulbert & Berghoff LLP, Chicago, Ill, USA.

The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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