Abstract:Stipulating to be bound by an earlier claim construction decision has many advantages: it streamlines the case, saves time and money on litigation costs, and allows parties to focus their arguments on real areas of disagreement. However, sometimes parties that are looking for clarity will stipulate to an earlier claim construction, only to discover that an unforeseen consequence of that construction is fatal to their case. One pharmaceutical company learned this lesson the hard way, when it stipulated to be bo… Show more
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