--- title: Claim Construction:  a Key Stage of Patent Infringement description: Worried someone is taking your idea and claiming it as their own? Learn more about patent infringement, so you can better protect your intellectual property. image: https://blog.goosmannlaw.com/hubfs/Patent_Infringement.jpg --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - 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The court does not have the time or resources to define every single word or phrase in the patent, and judges do not like to expend effort on needless tasks.  As a result, the claim construction process will often start with the parties exchanging a list of words or phrases among themselves that they feel are in dispute or need to be construed by the court.  The parties will then also exchange their proposed construction or definitions of those words/phrases.  In general, if the parties can agree on what a word or phrase in the patent means, the court will usually adopt the agreed-upon definition.  After the parties have narrowed down which words or phrases are still in dispute, each of the parties will then submit a brief to the court which explains the legal and factual arguments for why the particular words and phrases should mean what that party says it means.  The court will then review all of the information and issue a claim construction order setting forth the construction of the terms at issue.  In construing the various words and phrases in a patent, the court attempts to determine what a particular term would mean to a “person of ordinary skill in the art.”  In other words, the court tries to determine what it means to someone in that particular field.  For example, if a patent is for a heart pump the court will look at the term “valve” used in the patent from the point of view of someone who makes or designs heart pumps, and not from the perspective of a person who makes brass instruments.  Claim construction is a very technical and vital part of a patent infringement case as it sets the stage for the rest of the litigation.  The construction of the various terms in the patent can sometimes determine the outcome of the case or at least narrow the scope of the litigation.  The plaintiff will want the terms construed as broadly as possible to encompass the defendant’s product while still being valid.  The defendant will want the terms to be either construed so narrowly that it does not encompass its product or construed so broadly that the plaintiff’s patent is found to be invalid.  If you think someone has infringed your patent or if someone has accused you of patent infringement, contact the experienced attorneys at Goosmann Law Firm, PLC, in our Sioux Falls law firm, Sioux City law firm, or Omaha law firm. 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