Part II analyzes the claim construction-infringement boundary in a procedural context by examining the stages of a case at which these inquiries are typically performed and the degree to which courts construe claims "in a vacuum," without reference to the accused product.
(51) The traditional rule, therefore, instructed judges to construe claims in a vacuum.
Parties and courts endeavor to construe claims in a way that will resolve the question at hand for a particular case: whether the accused product infringes.
The first three, all previously published, construe
the emergence of the modern, professional, discipline-based university as a response to the breakdown of earlier city-based ways of sustaining intellectual activity.
The Court construes the entire disputed term 'separate cam action surface (or area)' to mean 'a cam action surface (or area) that is spaced apart from another cam action surface (or area).' In adopting this construction, the Court has modified DePuy's proposal to eliminate bracketed language which appears elsewhere in the relevant claim and need not be included in the definition of this term.
"[T]he Court construes the 'cam extension' terms to mean 'the bridging material that extends from a first cam to a second, separate cam, together with the second, separate cam.' In adopting this construction, the Court has endeavored to account for the various references to the terms appearing in the prosecution history.
"Claim 1 in the '280 patent describes a TKR system in which the 'cam mechanism of the femoral component has a superior convex portion, a concave central portion, and an inferior convex posterior portion.' The Court construes this term to mean 'a first convex cam surface and a second, posterior convex cam surface that are separated by a concave portion of the cam mechanism that does not contact the tibial post.' This construction is consistent with both parties' proposals insofar as they both require that the two convex portions the term references are surfaces which contact the tibial post.
Delineating two major types, the "Varronian Satire" and a Petronian variant, she construes
the form quite strictly, defining these satires as "fictional .
She therefore attempts to "reclaim the 'woman's part,'" by insisting on Spenser's ultimate refusal to ally femininity with anything like true virtue, a word she construes
in terms of an etymology of gender (virtue).
"We are persuaded that state law does not reverse-preempt federal law in the present case for two related but distinct reasons: (1) Congress did not intend to include a treaty within the scope of an 'Act of Congress' when it used those words in the MFA and (2) in this case, it is when we construe a treaty--specifically, the Convention, rather than the Convention Act--to determine the parties' respective rights and obligations, that the state law at issue is superseded." .
limit our analysis to whether Louisiana law overrides the Convention's requirement that the present dispute be submitted to arbitration because we construe an act of Congress to invalidate, impair, or supersede state law.