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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


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.