Help!!! Claim Construction Proceedings
Posted in the Patent / Trademark Law Forum
#1 Aug 20, 2007
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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