Rethinking Claim Construction

In Lava Trading, Inc. v. Sonic Trading Mgmt., LLC, Nos. 05-1177, 05-1192, Slip Op. (Fed. Cir. April 19, 2006), the Federal Circuit announced that it was in the “awkward position” of having to construe claims without “a meaningful comparison of the accused products to the asserted claims” and while “defendants’ counterclaims of invalidity and unenforceability […]