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The book offers expert analysis of emerging methodologies, reflected in current case law for interpreting patents as a matter of the law and detailed descriptions of the cases applying the rule, as well as commentary describing the trend toward or away from favoring that particular rule. Additionally, the author includes a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims.
PART I - THEORY OF CLAIM CONSTRUCTION The Goals of Claim Construction History of Claims and Interpretation of Patents Introduction Claim Construction as a Matter of Law PART II - TOOLS OF CLAIM CONSTRUCTION The Hierarchy of Evidence: Intrinsic Evidence Intrinsic Evidence: The Specification Intrinsic Evidence: The Prosecution History The Hierarchy of Information: Extrinsic Evidence Means Plus Function Clauses Defined Doctrine of Equivalents - A Tool of Claim Construction or a Test of Infringement The Doctrine of Fair Notice Rules of Statutory Construction PART III - JUDICIAL PROCEDURES FOR CONSTRUING CLAIMS District Court Claim Construction Proceedings De Novo Review by Federal Circuit on Appeal PART IV - CONSEQUENCES OF CLAIM CONSTRUCTION RULINGS Finality Remand of Cases to District Courts
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