Scholar joins scrum on claims construction standard

Peter Menell cited in The Recorder, July 2, 2013

Cybor, Menell wrote in Monday’s filing, has “undermined the transparency of the claim construction process” and “produced alarming levels of appellate reversals.” Rather than fostering predictability, the Cybor dynamic has “discouraged settlements following claim construction and trial, delayed resolution of patent disputes, and run up the overall costs of patent litigation.”