Construing Patent Claims According to Their "Interpretive Community": A Call for an Attorney-Plus-Artisan Perspective.
Harvard Journal of Law & Technology 2008, Spring, 21, 2
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Description de l’éditeur
THE CONSTRUCTION OF WRITTEN INSTRUMENTS IS ONE OF THOSE THINGS THAT JUDGES OFTEN DO AND ARE LIKELY TO DO BETTER THAN JURORS UNBURDENED BY TRAINING IN EXEGESIS. PATENT CONSTRUCTION IN PARTICULAR "IS A SPECIAL OCCUPATION, REQUIRING, LIKE ALL OTHERS, SPECIAL TRAINING AND PRACTICE." - MARKMAN V. WESTVIEW INSTRUMENTS, INC. (SOUTER, J.) (1)
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