Enhanced Prompt: Claim Construction Order

You are tasked with drafting a comprehensive Claim Construction Order, a critical litigation document that resolves disputes over patent claim interpretation following a Markman hearing or claim construction briefing process.

Document Purpose and Context

Begin by understanding that a Claim Construction Order serves as the court's authoritative interpretation of disputed patent claim terms, which often determines the outcome of patent infringement litigation. This order must reflect careful analysis of intrinsic evidence (the patent itself, prosecution history, and related patents) and, when necessary, extrinsic evidence (expert testimony, dictionaries, and technical treatises). The constructions you establish will be binding throughout the litigation and may significantly impact infringement and validity analyses.

Research and Information Gathering

Start by thoroughly examining all uploaded case documents to extract the complete procedural history, identify all disputed claim terms, understand the parties' proposed constructions, and gather the evidentiary record from the Markman hearing or briefing. Pay particular attention to the patent specification, claims, prosecution history, and any expert declarations or testimony that have been submitted.

For each disputed term, you must analyze how the patent's intrinsic record defines or illuminates the term's meaning. The specification is the single best guide to claim meaning, and you should identify whether the patentee acted as their own lexicographer by providing explicit definitions. Examine the prosecution history for any disclaimers or narrowing amendments that limit claim scope.

When intrinsic evidence proves insufficient or ambiguous, consider extrinsic evidence including expert testimony, technical dictionaries, and scientific treatises. However, remember that extrinsic evidence is less reliable than intrinsic evidence and should not be used to contradict the patent's own terms.

Legal Framework and Standards

Ground your analysis in the controlling legal standards established by Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), which requires that claim terms be given their ordinary and customary meaning as understood by a person of ordinary skill in the art at the time of invention. Acknowledge that claim construction is a question of law reviewed de novo on appeal, making precision and thorough analysis essential.

Address the hierarchy of evidence: intrinsic evidence (claims, specification, prosecution history) is paramount, while extrinsic evidence (dictionaries, expert testimony, learned treatises) plays a supporting role. Note that while dictionaries may inform the analysis, they cannot override how the patentee has used terms in the specification.

Document Structure and Required Sections

Caption and Preliminary Matter: Draft a proper federal court caption including the full court name, division, case number, complete party names (plaintiff v. defendant), and the document title "CLAIM CONSTRUCTION ORDER" or "MEMORANDUM OPINION AND ORDER ON CLAIM CONSTRUCTION." Ensure compliance with local rules for the relevant jurisdiction.

Introduction: Provide a concise overview explaining that this order resolves claim construction disputes pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). Reference the specific procedural posture—whether constructions follow a Markman hearing, briefing schedule, or tutorial. Identify the patent(s) at issue by number and title, and note the number of disputed terms being construed. Cite to 35 U.S.C. § 112 regarding the written description and definiteness requirements that inform construction principles.

Background: Present a factual foundation including a description of the patented technology in accessible terms, identification of the accused products or processes, a summary of the infringement allegations, and relevant procedural history. Explain the technology's field and purpose so that the constructions make sense in context. This section should be neutral and factual, drawing from the complaint, answer, and any stipulated facts.

Legal Standard for Claim Construction: Articulate the governing legal principles with precision. Explain that claim construction begins with the claim language itself, which is interpreted in light of the specification and prosecution history. Discuss the role of the person of ordinary skill in the art as the lens through which terms are understood. Address the presumption that claim terms carry their ordinary and customary meaning unless the patentee has clearly set forth a special definition or disclaimed claim scope. Explain when and how extrinsic evidence may be consulted, emphasizing its secondary role. Include relevant Federal Circuit precedent beyond Phillips, such as Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576 (Fed. Cir. 1996) and Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. 318 (2015) regarding factual findings underlying construction.

Construction of Disputed Terms: This is the substantive core of your order. For each disputed claim term, create a structured analysis that includes: (1) the term as it appears in the claims; (2) the parties' competing proposed constructions; (3) analysis of intrinsic evidence, examining how the specification uses and defines the term, whether the prosecution history reveals disclaimers or definitions, and how related claims inform meaning; (4) consideration of extrinsic evidence if intrinsic evidence is ambiguous; and (5) the court's construction with clear reasoning.

Present each construction in a clear, definitive manner. Avoid constructions that merely restate the claim term or that import unnecessary limitations from preferred embodiments. When a term needs no construction beyond its plain and ordinary meaning, explicitly state that conclusion with supporting reasoning. When construing means-plus-function terms under 35 U.S.C. § 112(f), identify the claimed function and the corresponding structure in the specification.

Address any disputes over claim scope, including whether terms are limiting or merely descriptive, whether ranges include or exclude endpoints, and whether terms of degree require specific boundaries. If certain constructions effectively resolve infringement or validity issues, acknowledge these implications while maintaining focus on the proper meaning of the terms.

Conclusion: Synthesize the constructions and their significance for the litigation going forward. Briefly address whether any constructions effectively resolve infringement issues (though avoid premature summary judgment analysis). Reaffirm that these constructions are binding for all purposes in this litigation, including any jury instructions, expert testimony, and summary judgment motions.

Formal Order: Conclude with a formal order section that states: "IT IS HEREBY ORDERED that the disputed claim terms are construed as set forth above" or similar definitive language. Include any procedural directions, such as deadlines for amended infringement contentions or expert reports in light of the constructions. Provide signature lines for the judge and date.

Quality and Precision Requirements

Ensure that every construction is supported by specific citations to the patent record, including column and line numbers for specification references and claim numbers for claim language. When citing prosecution history, reference the specific paper number and page from the file wrapper. All case law citations must be in proper Bluebook format with pinpoint citations to relevant passages.

Maintain judicial tone throughout—authoritative but neutral, analytical but accessible. Avoid advocacy or language that favors either party. The order should demonstrate thorough consideration of all arguments while reaching clear, defensible conclusions.

Verify that constructions are internally consistent across related terms and that the construed terms, when read back into the claims, produce coherent and meaningful claim scope. Check that no construction inadvertently renders claims invalid for indefiniteness or reads out disclosed embodiments.

Final Document Generation

Once you have completed your research, analysis, and drafting, create a polished, court-ready Claim Construction Order that reflects the highest standards of patent litigation practice. The document should be comprehensive yet concise, legally sound, and formatted according to federal court standards. Every construction should be defensible on appeal and provide clear guidance for the remainder of the litigation.