Patent Claim Construction Seminar

3 units

This seminar provides a comprehensive introduction to the theory, doctrine, and practice of patent claim construction. Claim construction - the process of interpreting the claims at the end of the patent that define the patent's scope - is the most important issue in patent litigation. It is a threshold step to virtually every issue in a patent case, including invalidity and infringement. Claims also must be construed by a variety of actors outside of litigation: patent examiners, competitors, researchers, and the patentees themselves. A good understanding of claim construction is thus crucial to being a successful patent practitioner, whether one is a litigator, prosecutor, or transactional lawyer. In addition to readings and discussions, the seminar will include a practical component tracking the claim construction process under the patent local rules used by many district courts. Assessment will be based primarily on the work product generated as part of this claim construction simulation (an opening claim brief 6-10 pages and a responsive claim construction brief 4-6 pages), as well as a paper (15-20 pages) and accompanying presentation addressing a significant policy issue related to claim construction. Prior or concurrent enrollment in Patent Law is required (or significant prior work experience in patent law). No technological background is required or expected for this class; the simulation will be based on a technologically-simple invention.