Womble Perspectives

Federal Circuit Clarifies Claim Construction at the Pleading


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Claim construction—essentially, the interpretation of patent claims—plays a pivotal role in the outcome of patent disputes. However, traditionally, courts have avoided addressing these issues in the early stages of litigation, such as during motions to dismiss. Why? Because these disputes often require a detailed examination of evidence and expert input. Historically, forcing claim construction too early has been seen as jumping the gun. 

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Federal Circuit Clarifies Claim Construction at the Pleading Stage

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James E. Dority

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Womble PerspectivesBy Womble Bond Dickinson