After a long wait, a couple of cases have used summary determination to decide issues of claim construction in patent infringement proceedings. In both cases, the claim construction resolution was determinative of non-infringement and the plaintiff’s case was dismissed. The decisions are subject to appeal.
In patent cases, determining the meaning of the words used in the claims of the patent is a key prerequisite for determining patent validity and infringement. Typically, expert evidence is introduced on the qualities of the skilled person appropriate for the patent at issue, the common general knowledge of this skilled person, and how the . . . [more]