June 27, 2013
Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Understanding the Limits of Your Patent: An Overview of Claim Construction for Prosecution and Litigation,” presented by Mark A. Borsos. The webinar will take place on Thursday, June 27, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.
Claim construction often takes center stage in patent litigation. The interpretation of specific claim terms affects many of the key issues determined afterward, including infringement and validity, and in some cases is dispositive. The interpretation of claim terms can also help determine the outcome of issues such as inequitable conduct and inventorship. Consequently, it is important to consider different ways in which claim terms can be construed early on in litigation, and even during drafting and prosecution of the patent application.
We will review and discuss the following topics and more:
- Types of evidence considered during the claim construction process
- Claim construction concerns during patent drafting
- Thinking ahead to litigation during patent prosecution
- U.S. Patent and Trademark Office consideration of interpretation-based arguments
- Common claim construction pitfalls
- Recent questions regarding deference to the district court’s claim interpretation
Our speaker is Fitch Even partner Mark A. Borsos. Mark has comprehensive litigation experience in discovery, summary judgment briefing, pretrial preparation, settlement negotiations, and trial. Mark’s practice also includes patent preparation and prosecution, with a unique focus on U.S. Patent and Trademark Office reissue and reexamination patent proceedings. He is skilled at taking patents through reissue and reexamination to advance licensing and litigation objectives.
IP Alert | Federal Circuit Issues Significant Decision on Patent MarkingFebruary 21, 2020
The Federal Circuit, in Arctic Cat v. Bombardier Recreational Products, broadens patent marking defense for accused infringers. Read more
IP Alert | Settlement Agreement Held to Moot Pending Case-Dispositive MotionsFebruary 19, 2020
On February 13, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit held that a settlement agreement rendered the case moot, even where the agreement required future performance. Read more