Federal Circuit Update on Claim Construction: Evolving Standards (Live MBHB Webinar)

Tues., June 15, 2021 | 10:00-11:15 a.m. CT | Live MBHB Webinar via WebEx

This webinar will provide a current update of Federal Circuit case law, as the Court continues to refine its approach toward determining the scope of patent claims. It will provide a description of:

  • A framework for understanding how the Federal Circuit determines the “ordinary and customary” meaning of claim terms.
  • The Court’s most significant, recent instructions for resolving “the distinction between using the specification to interpret the meaning of a claim and importing limitations from the specification into the claim.”
  • How the Court now determines a patent applicant has disavowed claimed subject matter.
  • The Court’s refinements in interpreting preambles, coined terms, and “wherein clauses.”
  • Indicators as to when a narrowing amendment is “merely tangential,” such that an amended claim still covers insubstantially different devices or methods.
  • Further constraints on when a claim limitation would be improperly vitiated if construed to cover an accused device or method.

The webinar is of interest to: patent drafters who wish to how their drafting efforts will be interpreted; and litigators who wish to know the tools available to them in construing asserted claims.

The presenter, Bradley Hulbert, is a MBHB Founding Partner and Adjunct Professor at Chicago-Kent Law School.

Presenter(s): MBHB attorney(s) Bradley Hulbert

McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

NOTE: MCLE credit is not available for this archived recording. 

Access an archived audio version of this webinar here