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

May 10, 2012 | 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
  • Determining 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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