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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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grayonclaims@gmail.com

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Thursday
Aug082013

Lighting Ballast and Purposive Construction

Lighting Ballast Control LLC v. Philips Electronics North America Corporation

Noticeably absent from the parties' briefs as well as the 20+ amicus briefs is any mention of how claim interpretation is performed in the United Kingdom.  This blog has previously reported on the way this system of "purposive construction" works here and here.  It can be summarized as follows: "The task for the court is to determine what the person skilled in the art would have understood the patentee to have been using the language of the claim to mean."