It is a long-cherished precept of the law that the meaning of a word is to be accorded its plain meaning. To borrow a Dr. Seussism, when interpreting a statute or the Constitution, a court must be ...

Forbes contributors publish independent expert analyses and insights. Laura Brown writes about business communication. “I find it frustrating to be somewhat trapped by a long-standing and robustly ...

Last week the Court returned to begin its final set of oral arguments before the summer recess. And although much of the coverage of the Court continues to focus on how the Justices will rule on the ...

Addressing the issue of whether jury determinations of invalidity and non-infringement were inconsistent where claim terms had more than one possible “plain and ordinary meaning,” the US Court of ...

IP litigation lawyers Joe Loy and Matt Hershkowitz discuss claim construction—one of the most important strategic decisions in patent litigation. The article delves into how various courts address ...

The Supreme Court is scheduled to hear oral argument in the In re Cuozzo Speed Technologies matter on April 25, 2016—taking on two issues concerning the inter partes review (IPR) process for ...

Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A clear and unambiguous definition of a claim term is required to redefine the term to mean something other than ...

In last year’s decision in Eon Corp. IP Holdings LLC v. Silver Spring Network, Inc. 815 F.3d 1314, 1320 (Fed. Cir. 2016), the Federal Circuit reversed the District Court’s jury instruction that the ...

Has newly minted Attorney General Alberto Gonzales studied the opinion handed down by the Supreme Court last November in Leocal v. Ashcroft? There, Chief Justice William H. Rehnquist issued a ringing ...

Adam J. Levitt, founding partner of DiCello Levitt. Courtesy photo Often in the law, much hinges on the choice of a particular word. This is true of a contract, a statute, and it is no less true of ...

Forbes contributors publish independent expert analyses and insights. I blog about health, freedom, and other uncertainties. There wasn't much new in the King hearing. As with the district court ...