Rob Harmer


This Comment proceeds in three parts. Part II discusses the purpose of claim construction and the components of a patent application most relevant to construing patent claims. This Part also discusses the standard of appellate review for claim construction, the sources of evidence used in construing patent claims, and the two conflicting claim construction canons. Part III highlights the conflict between the canons of avoiding importing claim limitations from the specification and construing patent claims in light of the specification. Again, when construing patent claims in light of intrinsic evidence, courts often inherently import limitations from the same intrinsic evidence. Finally, Part IV presents a solution that reduces the two conflicting claim construction canons to a single, lucid principle that implements the objectives of each canon. To help illustrate, this Part then applies the proposed solution to Renishaw PLC v. Marposs Societa per Azion and Nystrom v. TREX Co.