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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However, viewing this requirement through the Phillips framework, deference is only appropriate if the Federal Circuit concludes that a claim's meaning is ambiguous after conducting a de novo review of the intrinsic evidence.
1) The first, and simplest scenario, is when a lower court construes claim terms based solely on intrinsic evidence.
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.
To the court's chagrin, the patent claimant may attempt to use this extrinsic evidence at the ensuing Markman hearing to broaden the scope of the patent beyond the clear limits imposed by the intrinsic evidence.
the Federal Circuit ruled that it was improper for a court to rely on extrinsic evidence during claim construction when the intrinsic evidence alone could resolve any ambiguity present in a disputed claim term.
which has had a dramatic effect on how claim terms are interpreted given both the intrinsic evidence and the use of dictionaries and other external sources, particularly on courts deciding patent infringement cases.
In response, plaintiff Teva relied upon its expert, who testified that a person of ordinary skill in the art would understand that the term "average molecular weight" had a specific meaning in view of the intrinsic evidence.
But what if the expert only relies upon intrinsic evidence to reach his conclusion of how a person of ordinary skill in the art would understand what the plain and ordinary meaning is?
In this case, a skilled artisan would understand the inherent parameters of the invention as provided in the intrinsic evidence," the Federal Circuit ruling said in part.
Intrinsic evidence includes the asserted patent, its prosecution history and any related patents.