Intrinsic Evidence

Example

Two merchants disagree over the terms of a contract. The court can admit the contract itself as intrinsic evidence of the parties’ intent when they made the contract. But if one of the parties wants to testify about their intent, that is no longer intrinsic evidence, as the parties are going beyond the actual document.

Case Examples

• Definition: Intrinsic evidence is defined as “evidence existing within a writing.” In re Gemstone Sols. Grp., Inc., No. 19-30258-KLP, 2020 WL 2758817, at *5 (Bankr. E.D. Va. May 26, 2020), aff'd sub nom. Deutsche Bank Tr. Co. Americas v. Gymboree Grp., Inc., No. 3:20CV419, 2021 WL 3618229 (E.D. Va. Aug. 16, 2021) (internal citations omitted). In Gemstone, a creditor was attempting to recoup money from a bankrupt debtor. The bankruptcy court used the language of the bankruptcy trust as intrinsic evidence to determine whether the creditor was entitled to the funds. Id.
• Patent: Patent courts use intrinsic evidence to help determine who owns the rights to a patented thing, such as a piece of software or a piece of machinery. Patent courts have determined that “the intrinsic evidence includes the claims themselves, the specification, and the prosecution history.” Alacritech, Inc. v. Century Link Commc'ns LLC, 271 F. Supp. 3d 850, 861 (E.D. Tex. 2017) (internal citations omitted). These courts clarified that “the general rule . . . is that each claim term is construed according to its ordinary and accustomed meaning as understood by one of ordinary skill in the art at the time of the invention in the context of the patent.” Id. (Internal citations omitted).
• Priority of intrinsic evidence: Patent courts have also pointed out that “while extrinsic evidence “can shed useful light on the relevant art, we have explained that it is less significant than the intrinsic record in determining ‘the legally operative meaning of claim language.” Phillips v. AWH Corp., 415 F.3d 1303, 1317 (Fed. Cir. 2005) (internal citations omitted).