The Only Certainty is Uncertainty: Patent Claim Construction in the United States Court of Appeals for the Federal Circuit

2017Article
Journal of Technology Law & Policy

Booth addresses the demonstrated and well documented uncertainty plaguing the current law surrounding patent claim construction in the federal courts. The article asserts that this uncertainty stems from decades of federal court decisions holding that there is no right to a jury trial on issues of claim construction in patent litigation. The article proposes that the uncertainty could be alleviated, to a certain extent, if the right to a jury trial was applied to issues of patent claim construction in federal courts.  

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