de novo review : CAFC Alert

Claim Construction

| March 18, 2015

Fenner Investments, LTD., v. Cellco Partnership (doing business as Verizon Wireless)

February 12, 2015

Before: Newman, Schall and Hughes. Opinion by Newman.


Fenner owns US Patent No. 5,561,706 (the ‘706 patent) directed to a personal communications services (PCS) system that permits users to access a communications network from different locations.  The US District Court for the Eastern District of Texas granted summary judgment that Cellco does not infringe claim 1 of the ‘706 patent.  Fenner appealed to the CAFC arguing that the district court erred in construing the term “personal identification number” in claim 1.  The CAFC affirmed the summary judgment of noninfringement.

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