Civil litigation attorney Tim Richards authored The Timing of Claim Construction: An Analysis of Claim Construction Procedure and a Proposed Rule to Ensure Cost Effective and Timely Relief in Patent Infringement Cases which was recently published in the Catholic University Journal of Law and Technology, 33 Cath. U. J. L. & Tech 85 (2025). The article studies the claim construction and local patent procedures of the most active trial courts and proposes a rule ensuring timely and efficient claim construction decisions. It is also comprised of an analysis of the impact courts’ claim construction procedures have on claim construction resolution, subsequently proposing a uniform rule that takes into consideration when the claim construction occurs, the number of claims in dispute, and the amount of time and space available to brief.
Commentary
