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Full-Text Articles in Law
The Changing Meaning Of Patent Claim Terms, Mark A. Lemley
The Changing Meaning Of Patent Claim Terms, Mark A. Lemley
Michigan Law Review
The claims of a patent are central to virtually every aspect of patent law. The claims define the scope of the invention, and their meaning therefore determines both whether a defendant's product infringes a patent and whether the patent is valid. One of the most significant aspects of patent litigation is "claim construction," the process of defining the words of the claim in other, theoretically clearer words. Courts construe the claims of the patent by starting with the plain meaning of their terms as they would be understood by a person having ordinary skill in the art, or PHOSITA. Claim …
The Unfulfilled Promise Of The Constitution In Executive Hands, Cornelia T.L. Pillard
The Unfulfilled Promise Of The Constitution In Executive Hands, Cornelia T.L. Pillard
Michigan Law Review
Many leading constitutional scholars now argue for greater reliance on the political branches to supplement or even supplant judicial enforcement of the Constitution. Responding to our national preoccupation with the judiciary as the mechanism of constitutional enforcement, these scholars stress that the executive and legislature, too, bear responsibility to think about the Constitution for themselves and to take steps to fulfill the Constitution's promise. Joining a debate that goes back at least as far as Marbury v. Madison, current scholars seek to reawaken the political branches to their constitutional potential, and urge the Supreme Court to leave the other …