Our Patent Litigation team is a proud partner to the world’s most innovative life sciences and technology companies. Our experience successfully handling high-stakes patent matters, joined with Paul, Weiss's legendary litigation capabilities, enable us to provide comprehensive strategies to protect our clients’ most valuable innovations that extend well beyond traditional patent litigation.
Intellectual Property Litigation: Struggles in Claim Construction to Verify Vague Patents
March 20, 2008 Full PDF
Litigation partner Lew Clayton's "Intellectual Property Litigation" column was published in the March 20 issue of the New York Law Journal. The article discusses recent Federal Circuit case law concerning definiteness, the requirement that a patent clearly describe the claimed invention in terms understandable to persons of ordinary skill in the art -- a standard that is easy to state, but sometimes difficult to apply. While this requirement is fundamental, it is seldom the basis for a successful challenge to patent validity. The article also discusses several recent patent, trademark and copyright decisions of interest. Litigation associate Benjamin Warlick assisted in the preparation of this article.