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Intellectual Property Law

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The University of Akron

Journal

2015

USPTO

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Phillips V. Awh: Changing The Name Of The Game, David Potashnik Jul 2015

Phillips V. Awh: Changing The Name Of The Game, David Potashnik

Akron Law Review

The Federal Circuit granted an en banc hearing of Phillips v. AWH Corp. to address the dichotomy existing in the Circuit’s jurisprudence. Because of the impact of claim construction on every litigated patent, Phillips has been deemed one of the most important cases in patent law since the landmark case of Markman v. Westview Instruments Inc. in the mid-1990s. In order to help the reader understand the implications of the case, the remainder of this Note is divided into four sections. Section II details the history and development of claim construction. Section I II discusses the Phillips case, including the …