Filed April 8, 2011
2001) (“[T]he characterization of the coaxial configuration as part of the ‘present invention’ is strong evidence that the claims should not be read to encompass the opposite structure.”) (emphasis added); C.R. Bard, 388 F.3d at 864 (“Statements that describe the invention as a whole are more likely to be found in certain sections of the specification, such as the Summary of the Invention.”).
Filed January 21, 2015
See VirnetX, Inc. v. Cisco Systems, Inc., 767 F.3d. 1308, 1318 (Fed. Cir. 2014) (citing C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 864 (Fed. Cir. 2004) (giving particular weight to statements in the Summary of the Invention because “[s]tatements that describe the invention as a whole, rather than statements that describe only preferred embodiments, are more likely to support a limiting definition of a claim term”)). HP’s arguments generally ignore the actual language of the claims in an effort to distract the Court from the abstract nature of them.
Filed February 26, 2010
Because Defendants have proposed the same definition that the applicants themselves explicitly used when they prosecuted the ‘947 patent, that construction should be adopted. See C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 869 (Fed. Cir. 2004) (applicant’s definition of a term during prosecution history “provides an independent ground” for construing the claim using that definition). B. Allen Defines Case Based Reasoning as Defendants’ Do.
Filed July 31, 2009
CVI/Beta Ventures, Inc. v. Tura LP, 112 F.3d 1146, 1158 (Fed. Cir. 1997) (during reexamination, a patentee may “commit to a particular meaning for a patent term, which meaning is then binding in litigation”); C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 867-69 (Fed. Cir. 2004) (citing statements made by patentee during reexamination to support the district court’s claim construction and judgment of non-infringement). 2.
Filed May 9, 2008
2000), and (3) the embodiment is described as being the invention itself, e.g., statements in the “summary of the invention” describing the overall invention, see, e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1347-48 (Fed. Cir. 2004); C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 860-61 (Fed. Cir. 2004). The Federal Circuit has made it clear that in construing patent claims, “a court ‘should also consider the patent’s prosecution history.
Filed April 9, 2008
Such statements would be highly relevant to the proper construction of any surviving claims. See C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 867-69 (Fed. Cir. 2004) (citing statements made by patentee during reexamination to support the district court’s claim construction and judgment of non-infringement). In addition, the PTO’s analysis of the prior art during reexamination would help narrow the validity issues in this case and provide the Court with the PTO’s understanding of the prior art.
Filed May 2, 2007
”’” Id. at 1317 (quoting C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 862 (Fed. Cir. 2004)). The Federal Circuit also cautioned against excessive reliance on extrinsic evidence due to “the risk that it will be used to change the meaning of claims in derogation of the ‘indisputable public records consisting of the claims, the specification and the prosecution history,’ thereby undermining the public notice function of patents.”
Filed September 22, 2017
Although extrinsic evidence can also be useful, it is “‘less significant than the intrinsic record in determining the legally operative meaning of claim language.’” Phillips, 415 F.3d at 1317 (quoting C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 862 (Fed. Cir. 2004)). Technical dictionaries and treatises may help a court understand the underlying technology and the manner in which one skilled in the art might use claim terms, but technical dictionaries and Case 5:16-cv-00073-JRG-CMC Document 111 Filed 09/22/17 Page 10 of 53 PageID #: 4388 11 treatises may provide definitions that are too broad or may not be indicative of how the term is used in the patent.
Filed November 4, 2016
However, such external evidence is less significant that the intrinsic record in determining the legally operative meaning of claim language. C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 862 (Fed. Cir. 2004). 2.
Filed February 29, 2016
PageID #: 14292 iii TABLE OF AUTHORITIES Cases Anascape, Ltd. v. Microsoft Corp., 475 F. Supp. 2d 612 (E.D. Tex. 2007) ........................................................................................ 9 BarTex Research, L.L.C. v. FedEx Corp., 611 F. Supp. 2d 647 (E.D. Tex. 2009) ........................................................................................ 5 C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858 (Fed. Cir. 2004)................................................................................................... 13 Clouding IP, LLC v. SAP AG, No. 13-1456 (D. Del. Jan. 21, 2014) .........................................................................................