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Articles

Recent decision underscores claim construction uncertainty at Federal Circuit

July 18, 2014

Articles

Recent decision underscores claim construction uncertainty at Federal Circuit

July 18, 2014

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The Federal Circuit’s recent decision in Hill-Rom Services, Inc. v. Stryker Corp. shows the continued existence of diverging claim construction philosophies at the Court. (The Hill-Rom opinion is nicely summarized here by my colleagues, Craig Countryman and Joanna Fuller.) The Court tried to harmonize its then-competing claim construction approaches in the 2005 en banc Phillips decision, but many believe it was unsuccessful. And, although the Court’s composition has evolved significantly in recent years, as Hill-Rom reveals, continued uncertainty remains. —Read more on Fish’s Litigation Blog

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