Post-'Markman' cases vary claim construction; after 'Vitronics,' courts must follow a hierarchy that gives intrinsic evidence precedence
Article Abstract:
The US Court of Appeals for the Federal Circuit established a hierarchy for considering evidence in patent claims in Vitronics Corp. v. Conceptronic, Inc. Intrinsic evidence has priority, with the court looking only at the text of the claims along with patent disclosure and prosecution history materials. Extrinsic evidence is to be considered only to clarify a disputed term's meaning. The court has indicated a preference for published extrinsic evidence, such as that appearing in dictionaries or the technical literature, rather than expert evidence.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Indoor air quality cases involve causation, coverage; allegations of 'sick building syndrome' have spread liability net to a variety of defendants
Article Abstract:
The article discusses 'sick building syndrome' cases, in which plaintiffs claimed thatn increase in the number of different businesses guilty of indoor air quality violations. Causes of sick building syndrome can include air contamination from building materials and inadequate airflow caused by a defective ventilation system. A major iobstacle in such ti successful personal injury claims in such cases has been the proof of causation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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