Consideration of Design Around Solutions in Determining Patent Damages—Part 2

Article Published in American Bar Association

Navigant Managing Director Jim Pampinella explores patent damages involving claim construction issues.

An expert on patent damages may need to consider claim construction issues while formulating his or her opinions. When determining patent damages, a damages expert should work with a technical expert and counsel to understand issues relating to the interpretation of the asserted patent claims. A claim construction hearing, also known as a Markman hearing, is a district court pretrial hearing during which a judge examines evidence from all parties on the appropriate meaning of the language used in the patent claims. The claim evidence of the patent, as written in the patent and file history, can be ambiguous or difficult to construe. As a result, a technical expert may be used by the courts to offer technical expertise and industry insight to help the judge interpret the claims of a patent.

Click here to read the article in American Bar Association Section of Litigation Intellectual Property’s homepage.

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