Claim Construction Checklist (Accused Infringer)

Summary

Claim construction is a central aspect of any patent dispute. How the patent claims are construed, or interpreted, impacts not only the infringement analysis (i.e., whether the claims are broad enough to cover the accused product or process), but also the validity and enforceability of the patent. Securing a favorable claim interpretation is thus critically important to an accused infringer/defendant, whether in district court litigation or a post-grant proceeding such as inter partes review (IPR) at the U.S. Patent and Trademark Office (USPT0).