In today’s fast-paced markets, businesses continually study and map competitors’ intellectual property to identify unpatented territory where opportunity exists or patents that pose infringement risks. As a result, industries seek certainty from the courts and counsel regarding patent scope.
The Court of Appeals for the Federal Circuit has been criticized for rendering opinions based on claim interpretations that were inconsistent, if not contradictory, in the application of claim construction rules. Although such criticism has been muted in recent years, the decision in Gemtron v. Saint-Gobain demonstrates that there still exists a haze around the art of claim interpretation and patent scope analyses that can heighten risk.
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