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Claim Construction Order

Draft Claim Construction Orders in Minutes, Not Days

12 minutes with CaseMark

Fast lane

We have it from here.

Drop your documents and we'll handle the rest. Results delivered to your inbox.

1. Add your email so we know where to send the result.

2. Upload the files you want analyzed.

3. Run the workflow and we'll take it from there.

Need more context?

Scroll for the workflow details below if you want to review what this run handles, what documents help, and what the output looks like.

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Workflow

Claim Construction Order

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Overview

Drafting claim construction orders requires synthesizing complex technical arguments, analyzing intrinsic and extrinsic evidence, and applying Federal Circuit precedent to each disputed term. Attorneys spend 6-8 hours reviewing briefs, researching case law, and crafting detailed constructions that withstand appellate scrutiny.

Drafting claim construction orders requires synthesizing complex technical arguments, analyzing intrinsic and extrinsic evidence, and applying Federal Circuit precedent to each disputed term. Attorneys spend 6-8 hours reviewing briefs, researching case law, and crafting detailed constructions that withstand appellate scrutiny.

CaseMark automatically extracts disputed terms from your briefs, applies Phillips v. AWH standards, and generates comprehensive claim construction orders with proper legal citations. Our AI analyzes your case documents and relevant precedent to produce court-ready orders in minutes, ensuring consistency with Federal Circuit standards.

How it works

  1. 1. Upload your documents

  2. 2. AI analyzes and extracts key information

  3. 3. Review and customize the generated content

  4. 4. Export in your preferred format (DOCX, PDF)

What you get

  • Caption

  • Introduction

  • Background

  • Legal Standard

  • Construction of Disputed Terms

  • Conclusion

  • Order

What it handles

  • Caption

  • Introduction

  • Background

  • Legal Standard

  • Construction of Disputed Terms

  • Conclusion

  • Order

Required documents

  • Claim Construction Briefs

    Parties' briefs identifying and arguing disputed claim terms

    .pdf, .docx

  • Patent-in-Suit

    The patent document with claims at issue in the litigation

    .pdf

  • Complaint

    Original complaint alleging patent infringement

    .pdf, .docx

Supporting documents

  • Markman Hearing Transcript

    Transcript from claim construction hearing if available

    .pdf, .txt

  • Expert Reports

    Expert testimony on claim construction and technical terms

    .pdf, .docx

  • Prosecution History

    Patent prosecution file wrapper for intrinsic evidence

    .pdf

  • Prior Court Orders

    Previous procedural orders or scheduling orders in the case

    .pdf, .docx

Why teams use it

Automatically extract and analyze disputed claim terms from uploaded briefs

Apply Federal Circuit claim construction standards with proper legal citations

Generate comprehensive term-by-term analysis with intrinsic and extrinsic evidence

Reduce drafting time from 6+ hours to under 15 minutes

Ensure consistency with Phillips v. AWH and current patent law precedent

Questions

How does CaseMark handle disputed claim term analysis?

CaseMark automatically identifies disputed terms from your uploaded briefs and applies the proper claim construction framework. It analyzes intrinsic evidence (patent claims, specification, prosecution history) and incorporates extrinsic evidence arguments, generating a structured analysis for each term consistent with Federal Circuit standards.

Does the AI include proper legal citations for claim construction?

Yes, CaseMark incorporates relevant legal standards including Phillips v. AWH Corp., 35 U.S.C. § 112, and other Federal Circuit precedent. The system searches authoritative sources and applies the appropriate legal framework to ensure your order meets judicial expectations.

Can I use this for Markman hearing preparation?

Absolutely. While CaseMark generates the post-hearing claim construction order, you can upload hearing transcripts and briefs to ensure the order accurately reflects the court's rulings. The tool helps you quickly memorialize constructions and prepare the binding order.

What if my case involves highly technical patent terms?

CaseMark analyzes the technical context from your patent specification and expert reports to construct terms appropriately. The AI considers both the ordinary meaning to persons of ordinary skill in the art and any special definitions provided in the intrinsic record.

How accurate are the claim constructions generated?

CaseMark provides a comprehensive first draft based on your case documents and established legal standards. The output is designed for attorney review and refinement, giving you a strong foundation that captures the key arguments and applies proper construction principles, saving hours of initial drafting time.

Can this be used in both district court and PTAB proceedings?

Yes, CaseMark adapts to different forums. While the tool is optimized for district court claim construction orders under Phillips, it can also assist with PTAB proceedings where claim construction follows the broadest reasonable interpretation standard, depending on your case context.

What court caption formats does CaseMark support?

CaseMark generates captions consistent with federal court standards and can adapt to specific district court local rules. The system searches official court formatting guidelines to ensure your order meets jurisdictional requirements for the court where your case is pending.

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