The Impact of Patent Construction — How to Prove Infringement & Validity in the U.S., UK & Germany

May 16, 2013 | 9:30 a.m. – 5:00 p.m. | London

Included in this conference:

  • Contrasting the doctrines of equivalents and purposive construction
  • Examining the principles of claim construction and validity determination in the context of the specification and the art
  • Preparing for the ‘Pincer’ argument (or ‘Gillette’ defence):

    • If the claims are broad: invalid
    • If the claims are narrow: not infringed

  • Discussing approaches for assessing the inventor’s intention in the claim language in Europe
  • Assessing the significance of the effect of variants on the way the invention works
  • Exploring best practice in the use of expert evidence
  • Determininb of claim scope and validity by a US examiner, judge & jury and the effect of prosecution history estoppel
  • Ensuring or challenging compliance with EPC Article 69 and related protocol

This course will provide:

  • A unique opportunity to spend a whole day in detailed analysis with recognised experts
  • A comprehensive overview of the principles of patent claim interpretation and validity determination in the US, UK and Germany
  • 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
  • An analysis of the conclusions reached in the US, UK and Germany regarding the claim validity
  • Recommendations for the preparation and prosecution of patent applications, as well as the litigation of issued patents
  • Ongoing opportunities for participants to ask questions and discuss individual concerns


Sponsored by: Management Forum

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