The Impact of Patent Construction – How to prove infringement and validity in the USA, UK and Germany

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


  • 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


  • Ulrich Blumenröder – Grünecker, Kinkeldey, Stockmair & Schwanhäusser, Munich
  • William Cook – Marks & Clerk Solicitors, London
  • Bradley Hulbert – McDonnell Boehnen Hulbert & Berghoff LLP, Chicago


  • Patent professionals in private practice, including patent attorneys and lawyers
  • Heads of IP, heads of patents and in-house patent counsel at every level
  • Patent engineers and inventors
  • All whose responsibilities include the need to understand the scope of patent coverage in USA, UK and Germany

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