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   Help!!!  Claim Construction Proceedings
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   Author  Topic: Help!!!  Claim Construction Proceedings  (Read 923 times)
defendant
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Help!!!  Claim Construction Proceedings
« on: Aug 20th, 2007, 4:30pm »
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We have successfully defended a request for a preliminary injunction wherein the judge's decision very clearly states that there is absolutely no infringement.  In our opinion, the plaintiffs are pressing on in an effort to bankrupt the competition via legal bills.   For the Claim Construction Proceedings, we were to "exchange a list of claim terms, phrases, or clauses which that party contends should be construed by the Court".  We received a Claim Construction Chart from the plaintiff, however it is simply the accused infringed claims in chart form and a "yes" for each and every claim limitation.  It was our understanding that we should have simply received a list of terms that may be in question.  Have they acted correctly?  We have 20 days to provide a preliminary construction for each term but do not know how to proceed?  Are they trying to force us into defining each word of their patent?
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JSonnabend
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Re: Help!!!  Claim Construction Proceedings
« Reply #1 on: Aug 27th, 2007, 3:16pm »
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What you describe certainly is not a claim chart by any stretch of the imagination.  One approach to handling this situation would be to communicate with the other side telling them as much, indicating what you believe the Court has requested.  When the other side refuses to cooperate, make a motion for sanctions.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
defendant2
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Re: Help!!!  Claim Construction Proceedings
« Reply #2 on: Aug 28th, 2007, 10:16am »
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So then am I correct in assuming that I should have been provided a list of terms that the plaintiff felt needed defining?  For example... "remote", "transfer" and "adjacent".  We would then be able to look at the list and see if we agreed and then work on definitions.  We received the entire claim with an indication of YES - requires construction.  
 
a) Not later than ninety (90) days after filing of the Joint Preliminary Report and
Discovery Plan, each party shall simultaneously exchange a list of claim terms,
phrases, or clauses which that party contends should be construed by the Court,
and identify any claim element which that party contends should be. governed by
;35 U.S.C. 112(6).
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