Archives: Project News
July 14, 2005 9:06 AM
The Federal Circuit's en banc Phillips case was issued earlier this week.
The Claim Construction Project is on the job, and will be adapting some of our research methods and objectives in light of Phillips. Look for this space for additional details over the next weeks.
In the meantime, see Polk Wagner's blog (www.polkwagner.com) for commentary on the case.
December 13, 2004 11:29 AM
Federal Circuit to Pre-Announce Panels
The Federal Circuit, perhaps bowing to the reality of panel-dependency shown in our study of claim construction, has decided to pre-announce panel compositions. The court's statement:
The court has decided to post the composition of panels the Thursday prior to the week of oral argument as an experiment. This information will be found in the Pending Argument Calendar. Comments from the public are welcome.
Whether this is a good idea or not is a difficult question. On the plus side, it makes it far easier to prepare for oral argument (and thus probably leads to better, more effective arguments). A major con is that to the extent that it encourages last-minute settlement, the long-term effects will be to bias the jurisprudence in favor of the unpredictable panels -- which is unlikely to lead to more coherent and predictable jurisprudence.
October 28, 2004 10:17 PM
New Search Tool
Be sure to check out our search tool, which allows for easy public access to the database. The search tool enables the selection of claim construction opinions using a wide variety of fields. (To give just one example, you can search for all opinions involving a particular judge, panel, or author.)
Amicus Brief in Phillips v AWH
Our director, Polk Wagner, recently filed (along with Joe Miller of the Lewis & Clark Law School) an amicus brief in Phillips v AWH Corp., No. 03-1269 (July 21, 2004) (Order), in response to the court's request for assistance in resolving issues surrounding claim construction. On July 21, 2004, the Federal Circuit took en banc the issue of claim construction methodology—just four months after the publication of our initial findings (documenting and statistically analyzing the deep divisions within the court on this issue).