THE PHILLIPS DECISION — A LANDMARK CASE THAT CLARIFIES BASIC CLAIM CONSTRUCTION PRINCIPLES WITH SUBSTANTIAL UNANIMITY

摘要

Twenty-three years ago, the Federal Circuit was created to promote uniformity and consistency in the application of patent law across the country. The achievement of this lofty goal has been elusive because of the diversity of views held by members of the court on important legal issues. Nowhere has this diversity of views been more apparent, and more troublesome, than with respect to the basic principles that govern the construction of patent claims. The July 12, 2005, en bane decision in Phillips v. AWH Corp./1/ is a landmark case that substantially eliminates the differences among Federal Circuit judges on the principles governing the relative importance of key pieces of evidence to be considered in interpreting claims. Whether the members of the court will apply these principles in the same manner, so that the desired consistency is achieved, remains to be determined.