Jason Mudd’s Law Review Article Highlighted in Analysis of Federal Circuit Opinion


National patent law blog Patently-O featured Erise IP Partner Jason Mudd’s Missouri Law Review article in an analysis of the Federal Circuit decision in Eon Corp. v Silver Spring.

The blog post “Eon Corp. v. Silver Springs: Improperly Delegating Claim Construction to a Jury” by Dennis Crouch, editor of Patently-O and Associate Professor at the University of Missouri School of Law, detailed the Federal Circuit’s rejection of a jury verdict that found Silver Springs infringed on Eon’s patents. The Federal Circuit argued that under a correct claim construction, the jury could not have found infringement.

In his analysis of the case and infringement as it relates to claim construction, Crouch highlighted Mudd’s Missouri Law Review article titled “To Construe or Not to Construe: At the Interface Between Claim Construction and Infringement in Patent Cases.” In the article, Mudd’s conclusion stated, “Current patent jurisprudence masks the reality that the theoretically separate steps of construing claims and applying the construed claims are inseparable in practice.”