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16 Fed. Cir. B.J. [i] (2006-2007)

handle is hein.journals/fedcb16 and id is 1 raw text is: The 1 Letter from Judge Ellis Federal 1.Th 1. The Magnitude of the Markman Reversal Rate Circuit (MRR) - 1 2. Judges Must Engage the Patent Technology and Issue Bar Claim Construction Opinions o 2 Journal 3. The Need to Reform the Drafting of Claim Language in the PTO * 4 CONTENTS 4. Scope of Federal Circuit Review * 5 7 H.R. 5418 13 Guidelines for Patent Claim Construction: Post- Phillips-The Basics of a Markman Hearing FEDERAL CIRCUIT BAR ASSOCIATION PATENT LITIGATION COMMITTEE MARKMAN PROJECT Introduction - 13 II. Background * 15 III. The Timing of Claim Construction e 15 IV. Format of the Markman Hearing ° 23 V. Evidence Pertinent to Claim Construction * 24 VI. Contentions ° 28 VII. Issues Raised Sua Sponte * 29 VIII. Appeal ° 30 Appendix A ° 30 31 The Department of Veterans Affairs and the Constitutional Implications of Judicial Review: Veterans' Due Process Right to Hire Counsel JOHN W EGAN Introduction ° 31 I. A Brief Overview of Veterans' Benefits Adjudication ° 32 II. The VJRA Fundamentally Changed VA Adjudication 0 33 III. In the Post-VJRA Administrative Environment, 38 U.S.C. § 5904(c) Deprives Veterans of Due Process - 38 IV. The Courts Should Strike Down 38 U.S.C. § 5904(c) .or Congress Should Repeal It to Protect the Due Process Rights of Veterans - 50

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