A RACE TO THE FEDERAL CIRCUIT: HOW THE DIFFERING CLAIM CONSTRUCTION STANDARDS AND STANDARDS OF REVIEW INFLUENCE PATENT INVALIDATION

摘要

District courts construe claims by giving terms their plain and ordinary meaning. As part of this construction, a district court will assess the intrinsic evidence and may or may not rely on extrinsic evidence. On review at the Federal Circuit, any underlying factual findings, such as which expert is better qualified to testify as to a particular meaning, are reviewed for clear error. Any legal conclusion, such as the ultimate claim construction, is reviewed de novo.