Intrinsic Evidence

Intrinsic Evidence

Information necessary for the determination of an issue in a lawsuit that is gleaned from the provisions of a document itself, as opposed to testimony from a witness or the terms of other writings that have not been admitted by the court for consideration by the trier of fact.

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Sandoz decision, many district courts focused claim construction on the intrinsic evidence, i.
A* 112, 2 so long as a person skilled in the art would be able to discern its meaning from the intrinsic evidence in the patent the claim language, the specification and the prosecution history.
As a general rule, NAD noted that it is reluctant to recommend a product name change in absence of intrinsic evidence of consumer confusion.