What is broadest reasonable interpretation?
Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the time of the invention.
What is the purpose of claim construction?
Claim construction is the process in which courts interpret the meaning and scope of a patent’s claims. Since the claims “define the invention to which the patentee is entitled the right to exclude,” construing the claims can be a critical step in determining the outcome of almost all patent litigations.
What is Jepson claim?
A Jepson claim is one where the preamble makes some kind of statement that relates to the state of the prior art, and then claims an improvement over the prior art. Jepson format allows the patentee to use the preamble to recite elements or steps of the claimed invention which are conventional or known.
What is a claim construction order?
A Markman hearing is a pretrial hearing in a U.S. District Court during which a judge examines evidence from all parties on the appropriate meanings of relevant key words used in a patent claim, when patent infringement is alleged by a plaintiff. It is also known as a “Claim Construction Hearing”.
What is claims construction?
Construction Claim can be defined as a request by either party to the contract, usually the Contractor, for compensation for damages caused by failure of the other party to fulfil his part of obligations as specified in the contract.
What is a positive claim?
From a logical point of view, this statement is a positive claim. It is asserting that something is the case, or is saying that it is true that “There are no former atheists”.
What does Markman mean?
(ˈmɑːkˌmæn) n, pl -men. (Historical Terms) history a person who lived in and owned part of a mark.
What is a Markman case?
Also known as a claim construction hearing. A US district court hearing in a patent infringement case in which a judge determines the proper interpretation and scope of disputed terms in the patent claims asserted by the plaintiff.
