Insights

Sometimes we think we have an agreement—only to find out that we do not agree about the meaning of the agreement, and therefore have no agreement at all.  This is, of course, a common fact pattern in a contract dispute, but it is also something to look out for in the claim construction process.  An agreed claim construction is a far cry from an agreement as to the meaning of that construction as applied to the accused products.  We therefore have the counter-intuitive situation where an agreed construction becomes hotly disputed.  When this happens, it is a reminder that even when we agree on a construction that we think favors us, we should not assume that the opposing party, court, or jury will see it that way.