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Articles

District Court Properly Clarified Claim Construction Post-Verdict to Require Method Steps Be Performed In a Particular Order to Avoid Rendering One Step Superfluous

August 28, 2014

Articles

District Court Properly Clarified Claim Construction Post-Verdict to Require Method Steps Be Performed In a Particular Order to Avoid Rendering One Step Superfluous

August 28, 2014

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mFormation Techs., Inc. v. Research in Motion Ltd., ___ F.3d ___ (Fed. Cir. Aug. 22, 2014) (PROST, Schall, Hughes) (N.D. Cal.: Chen and Ware) (2 of 5 stars)

Fed Cir affirms JMOL of non-infringement. The patent covers a method remotely managing an electronic device that required “establishing a connection between the wireless device and the server” and “transmitting” information “from the server to the wireless device.” The district court, in granting JMOL, clarified that the “establishing” step had to be complete before transmission began, while the accused products did not. —Read more on Fish’s Litigation Blog

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