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Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Milbank Tweed, Hadley & McCloy, write that traditionally, it has been standard practice for courts not to take into consideration the accused product when determining claim construction. This is changing. Recent decisions by the Federal Circuit seemingly signal a change in the claim construction process, requiring greater and more particular knowledge of the accused products by the trial court.
May 22, 2006 at 12:00 AM
1 minute read
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