skip to main content

We are fortunate to advise world-class, industry-leading companies, helping them tackle novel, complex issues and push the boundaries of technological progress. Our ability and confidence to go to trial is our core strength; our deep bench of experienced trial lawyers represents companies in their most significant matters, helping them protect their intellectual property and launch products. Our lawyers pair extensive experience in the courtroom and the boardroom with a thorough understanding of science and technology.

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.

© 2024 Paul, Weiss, Rifkind, Wharton & Garrison LLP

Privacy Policy