June 28, 2022

Volume XII, Number 179

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June 28, 2022

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June 27, 2022

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EXCLUSIVE RIGHTS: Intellectual Property — Claim Construction Perspectives — from a Litigator and a Prosecutor [PODCAST]

A PhD-holding patent prosecutor and a seasoned ITC and district court litigator talk claim construction. Can they possibly find common ground? In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Drew DeVoogd and Todd B. Buck, PhD, discuss the challenges of claim construction, offering the different perspectives of the patent prosecutor, who develops claims, and the litigator, who may be arguing the same claims many years later. Perspective is everything — well, aside from the varying methods of interpretation by the courts.

Our hosts discuss a number of significant developments and issues related to claim construction:

  • How SCOTUS defined claim construction in Markman, and how district courts, the ITC, and the CAFC appear to be interpreting that decision differently

  • The “Russian doll” problem — construction of the construction of the construction of claims

  • When Markman goes bad — how Markman opinions can create poorly construed claims that challenge both parties in a litigation

  • The potential for misalignment of interests in developing claims with respect to protecting an innovation versus using the same claims in future efforts to litigate the patent

  • Benefits of the different strategies for claims definition used by opposing parties in a litigation

  • Does every disputed term really need a particularized definition?

 

 

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 155
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About this Author

 Andrew H. DeVoogd Member Boston Mintz Patent Litigation Licensing & Technology Transactions International Trade Commission Strategic IP Monetization & Licensing Federal District Court IP Due Diligence
Member

Drew is an experienced patent litigator and trial attorney whose work encompasses a broad range of technologies. He regularly represents clients in high stakes International Trade Commission investigations involving some of the world's largest technology companies. He also litigates patent matters and other business disputes in federal district courts around the country, and advises clients in complex IP licensing and related transactions. Drew excels at helping clients make sense of nuanced legal issues while developing effective strategies to protect and leverage their intellectual...

617-348-1611
Todd Buck PhD IP Attorney Mintz Law Firm
Of Counsel

Todd is a seasoned patent prosecutor and portfolio manager who helps clients maximize the value of their intellectual property assets.  His practice includes counseling clients on portfolio strategies, preparing and prosecuting patent applications and advising and representing clients in licensing transactions.  He also provides strategic portfolio assessment and assists start-up companies with developing their initial IP strategies and goals. 

Todd also advises and represents pharmaceutical and biotech clients in areas where intellectual property law and Food and Drug...

202.434.7443
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