Catching the angora cat - Lessons from Venice. EPLAW Annual Meeting and Congress Brussels, Le...
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Catching the angora cat - Lessons from Venice. EPLAW Annual Meeting and Congress Brussels, Le Méridien Friday December 2 nd , 2011 By Klaus Haft
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Transcript of Catching the angora cat - Lessons from Venice. EPLAW Annual Meeting and Congress Brussels, Le...
Catching the angora cat-
Lessons from Venice.
EPLAW Annual Meeting and Congress
Brussels, Le Méridien
Friday December 2nd, 2011
By
Klaus Haft
Issue in question
- Should prosecution history be regarded in claim interpretation?
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- Theory: Claim interpretation is leading to same results during prosecution and litigation
- Practice:
Thinking throughout Europe (as discussed in Venice)
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Thinking throughout Europe (as gathered by AIPPI in Q175)
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Conclusions from Venice
• There seems to be a majority in favor of using the file history also in infringement proceedings.
• However, there also seems to be a rather broad consensus that this would be relevant or should be regarded - depending on the starting point - only in exceptional cases.
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Klaus Haft
REIMANN OSTERRIETH KÖHLER HAFT
Steinstraße 20 O7, 16 40212 Düsseldorf 68161 Mannheim
Tel. +49 151 1672 2759 [email protected]
www.rokh-ip.com
Thank you!
