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Re: The Markman Appeals Process

e.Digital

about 13 years ago

in response to DABOSS's message

"As the district court revisits the claim construction during summary judgment and trial, the claim construction may well turn out to require modification or amplification.

68 "District courts may engage in a rolling claim construction, in which the court revisits and alters its interpretation of the claim terms as its understanding of the technology evolves. This is particularly true where issues involved are complex, either due to the nature of the technology or because the meaning of the claims is unclear from the intrinsic evidence."