Not a Nose of Wax: How Patentability Arguments Impact Infringement

Read about two important claim construction lessons for patent litigators and prosecutors from the Federal Circuit's decision in Data Engine Techs. LLC v. Google LLC, 10 F.4th 1375 (Fed. Cir. 2021), the most recent appeal in a long-running patent infringement dispute.

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Related Content

• Claim Construction Statements of Law
  Use these statements of law in briefs, opinion letters, and expert reports on claim construction, as a starting point for further legal research on specific claim construction issues, or as a useful reference for patent prosecutors.

• Patent-Eligible Subject Matter (Section 101) Statements of Law
  Apply these statements of law in briefs, opinion letters, and expert reports or declarations that discuss subject matter eligibility, as a starting point for further legal research, or as a useful reference for patent prosecutors.

• Claim Construction Checklist (Patent Owner)
  Evaluate the items on this checklist when conducting a thorough claim construction analysis for a patent owner.  

• Claim Construction Checklist (Accused Infringer)
  Consider these checklist points when conducting a thorough claim construction analysis for an accused infringer.

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