Consulting dictionary definitions is simply a first step in claim construction analysis

In Brookhill-Wilk 1, LLC v. Intuitive Surgical Inc., the Federal Circuit emphasized that consulting dictionary definitions is only an initial step in the claim construction analysis and that resort must always be made to the surrounding text of the claims in question, the other claims, the written d...

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Bibliographic Details
Published inIntellectual property & technology law journal Vol. 15; no. 7; pp. 17 - 18
Main Authors Harley, Patricia, Bernadette McCann Ezring, Shin, Adrian S
Format Journal Article
LanguageEnglish
Published Clifton Aspen Publishers, Inc 01.07.2003
Subjects
Construction
Definitions
Dictionaries
District courts
Encyclopedias and dictionaries
Federal court decisions
Intellectual property
Medical equipment
Patent law
Prosecutions
Robotic surgery
Robotics
Surgeons
Surgery
United States > US
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Summary:In Brookhill-Wilk 1, LLC v. Intuitive Surgical Inc., the Federal Circuit emphasized that consulting dictionary definitions is only an initial step in the claim construction analysis and that resort must always be made to the surrounding text of the claims in question, the other claims, the written description, and the prosecution history. The Federal Circuit stated that, while certain terms may be at the center of the claim construction debate, the context of the surrounding words of the claim also must be considered in determining the ordinary and customary meaning of those terms. The Federal Circuit noted that in construing claim terms, the general meanings gleaned from reference sources must always be compared against the use of the words in contest.
ISSN:1534-3618