Markman

Claims Combing a System and a Method for Using the System are Invalid for Indefiniteness Under § 112

During a Markman patent claim construction proceeding, the Western District of Texas ruled multiple claims of U.S. Patent No. 7,284,203 invalid for indefiniteness under 35 U.S.C. § 112 because the claims “improperly combine sys… Read More

Patent Claims Held Indefinite for Mixed Apparatus and Method

In a Claim Construction Memorandum and Order, a court recently held a claim term indefinite for mixing an apparatus and a method. Wireless IP Holdings, L.P., v. Samsung Electronics Co., Ltd., et al. No. 2:18-CV-28-JRG, (E.D. Texas… Read More

Markman Construction of “Along” based on the Specification

In Stern v. Globus Medical in the District of Delaware (Civil Action No. 1:16-cv-91-RGA), the Markman construction of the claim term “along a longitudinal axis” was “on line or course parallel or close to,” i.e., not nec… Read More

District Court Construes “Small Quantities” as a Definite Term

The term “small quantities of finely-divided liquid” was construed as being a definite term under §112, second paragraph, in the Markman order in Ecoservices, LLC v. Certified Aviation Services, LLC (CDCA; Docket CV 16-01824-… Read More

Court Construes “Coupled” and “Extending Continuously” in Markman

Court construes the terms “coupled” and “continuously” . The terms both find their way into mechanical patent claims, and often times have specific meanings intended by the drafter. The order for the Markman constr… Read More