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Evidence › Extrinsic Evidence

Locke Lord LLP

How Much Claim Construction ‎Significance? – Extrinsic Evidence and Significant Figures

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In almost every claim construction, the courts make their claim construction ruling largely based on the intrinsic evidence – the claims, specification and prosecution history. However, the Federal Circuit (CAFC) bucked this...more

Rivkin Radler LLP

Insurance Update - March 2022

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Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more

Hinshaw & Culbertson - Insights for Insurers

The Texas Supreme Court Expands the Circumstances Under Which Extrinsic Evidence Can Be Used by Insurers to Disclaim A Defense

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On February 11, 2022, the Texas Supreme Court handed the insurance industry an overall victory in an inter-insurer dispute by recognizing an exception to the "eight corners rule" permitting insurers to rely upon extrinsic...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Payne & Fears

Texas Supreme Court to Review Eight-Corners Duty-to-Defend Rule

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The Texas Supreme Court has accepted certified questions from the Fifth Circuit Court of Appeals to clarify Texas’ eight-corners rule for determining the existence of a duty to defend....more

Bennett Jones LLP

What Constitutes Surrounding Circumstances in Contractual Interpretation? The Alberta Court of Appeal

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Pre-contract negotiations, such as prior drafts of agreements, are generally inadmissible as part of "surrounding circumstances" when interpreting a contract, and parties' subjective intentions are always inadmissible, the...more

Womble Bond Dickinson

Where's the Beef? Motion to Dismiss Granted Based on Emergency Exception & Extrinsic Evidence

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Last week, the District Court for the Southern District of California granted a motion to dismiss without leave to amend in a putative class action lawsuit involving the emergency exception to the TCPA. In Derrick v....more

Winstead PC

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Knobbe Martens

Diebold Nixdorf, Inc. v. ITC

Knobbe Martens on

Federal Circuit Summary - Before Prost, Bryson, and O’Malley. Appeal from the United States International Trade Commission (“ITC”). Summary: Evidence intrinsic to a patent may be sufficient to overcome the presumption...more

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