摘要:Claim construction is a critical aspect of any patent
infringement action. Not only will the parties to the action be
bound by the court's interpretation of the claims, but the patentee
(absent modification on appeal) will likely be left with the
same claim scope to assert against other potential infringing
parties through the life of the patent. For years courts struggled
to consistently approach claim construction. Some would
reach straight for a dictionary.2 Others would rely principally
upon expert testimony.3 In 2005, the Federal Circuit attempted
to unify a methodology for claim construction, providing a
definitive guide to district courts on the appropriate manner in
which to construe patent claims.