Claim Construction Brief

A Claim Construction Brief is a legal document filed by a party in a trademark infringement lawsuit to propose how the court should interpret and apply the language of the trademark registration. The brief typically identifies the key terms or phrases in the registration, proposes definitions or meanings for those terms based on intrinsic and extrinsic evidence, and argues how those definitions support the party’s infringement or non-infringement position. Claim construction is a critical stage in trademark litigation, as it can determine the scope and strength of the trademark rights and the outcome of the case. Courts often hold a claim construction hearing or Markman hearing to hear arguments and evidence from both sides and issue a claim construction order. Claim construction briefs require careful analysis of the language, history, and context of the registration, as well as persuasive writing and oral advocacy skills.