The Impact of Patent Construction – How to prove infringement and validity in the USA, UK and Germany
May 17, 2019
This seminar will provide:
A comprehensive overview of the principles of patent claim interpretation in the USA, UK and Germany
A full examination of the UK court judgments relevant to the UK’s doctrine of equivalents. Learn how the scope of protection against infringement has been extended, whereas the meaning of a patent claim and its effect on novelty has not
An in-depth look at a long series of decisions in Germany limiting the application of the doctrine of equivalents. Understand how the Supreme Court put an end to this with its decisions on Pemetrexed and ‘Heat Exchanger’
A comparison and explanation of the varying approaches for determining when a patent claim that does not literally describe an accused system is nonetheless infringed
Exemplary fact scenarios, with comparisons of the USA, UK and German approaches to claim construction and validity determination
Recommendations for both litigating patents and preparing patent applications
Question and discussion opportunities throughout the day
THIS SEMINAR WILL:
Compare the principles of claim construction in the three jurisdictions
Explore the decisions in Germany, UK and USA regarding their doctrines of equivalents
Consider the consequent approaches to file wrapper estoppel
Expose differences in interpretation, including counter intuitive rules used by the courts
Analyse validity requirements
Illustrate the major issues with panel discussion, comparative examples and case studies