The Impact of Patent Construction — How to Prove Infringement & Validity in the U.S., UK & Germany
May 16, 2013
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