In their Amicus Brief, US Inventor highlights an inconsistency in patent law in regards to claim construction methodology. Whether Federal Circuit judges will use a claim-centered or holistic approach to claim construction is uncertain.
“Every patent case today operates in a haze of meta-uncertainty. It is bad enough when nearly every patent case involves disagreement about the scope of the property rights in question. It is infinitely worse when there is disagreement over how to resolve the disagreement.”
US Inventor points out that the Supreme Court‘s approach to statutory construction has moved towards textualism and that, for the sake of consistency and clarity, claim construction methodology should make the same move.
Click here to read the Amicus Brief.