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.

The question presented in the Amicus Brief is: “Whether the Federal Circuit’s “heavy presumption” line of cases or its “holistic” line should govern claim construction.”

Summary: “Just as textualism is now accepted as the way to interpret statutes, this Court should grant certiorari to resolve a split within the Federal Circuit whether textualism should also guide how courts interpret the claims in an issued patent.”

From the Argument: “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.

Read the Amicus Brief.

About US Inventor

US Inventor was founded to support the innovation efforts of the “little guy” inventors, seeking reliable patent rights for developing our inventions, bringing those inventions to a point where they can be commercialized, creating jobs and industries, and promoting continued innovation. In short, we are proponents of “securing for limited times to … inventors the exclusive right to their … discoveries” in order to “promote the progress of Science and Useful arts.” U.S. Const. art. I, § 8, cl. 8. Our broad experience with the patent system, new technologies, and creating companies, gives us a unique perspective on the important issues presented in this appeal.