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Claim Construction Order

Draft Claim Construction Orders in Minutes, Not Days

12 minutes with Para

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Get started with Para

Para is an AI colleague for legal teams. Send it this work by email, Teams or Slack, and it hands back the finished document.

12 minutes with Para

What you'll need

  • Claim Construction Briefs
  • Patent-in-Suit
  • Complaint

Plans from $20 a month, with usage included.

Workflow

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.

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 to hand this to Para

  1. 1. Send Para the files

    Email them, drop them in a Teams or Slack message, or upload them.

  2. 2. Para runs the Claim Construction Order skill

    It works from your files and checks its citations against the record.

  3. 3. The finished document comes back

    Para returns it where you asked, usually as a DOCX, and offers the next step.

Example request · email, Teams or Slack
Para, run the Claim Construction Order skill for the Garcia matter. I've attached the Claim Construction Briefs, Patent-in-Suit and Complaint. Send the finished draft back here as a DOCX.

What you get

  • 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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