Intrinsic Evidence : CAFC Alert

Definitional Language In The Specification May Be Fully Determinative Of Claim Construction

Linda Shapiro | December 9, 2015

CardSoft, LLC v. VeriFone, Inc.

December 2, 2015

CAFC Panel and opinion author: Prost, Taranto, and Hughes, Opinion by Hughes

Summary

On remand from the Supreme Court, the Federal Circuit again reverses the district court’s construction of the term “virtual machine” and gives “virtual machine” its ordinary and customary meaning, resulting in a judgment of no infringement.


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Even Without a Lexicography One Term May Have More Than One Meaning

Bernadette McGann | May 29, 2013

Title: Even Without a Lexicography One Term May Have More Than One Meaning

Author Name:  Bernadette K. McGann

Case Name:  Aventis Pharmaceuticals Inc. v. Amino Chemicals Ltd.

Key words:  Claim Construction, Intrinsic Evidence, Prosecution History

Decision Date: May 20, 2013

CAFC Panel and opinion author:  Newman, Bryson and Reyna.  Opinion by Reyna.  Dissenting opinion by Bryson

Summary

The claim in dispute recites a process of preparing a piperidine derivative compound that included providing a substantially pure regioisomer of a specific formula.  The District Court construed the meaning of “substantially pure” in relation to an intermediate compound to mean 98% purity, which is the same meaning as “substantially pure” when in relation to the piperidine derivative end product.  The CAFC reversed the “one construction throughout the patent” rule, adopted by the District Court.


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