ordinary and customary meaning : CAFC Alert

CAFC reviews and applies the doctrine of claim construction

| February 11, 2012

Thorner v.  Sony    

February 1,  2012

Panel:  Rader, Moore, Aiken.  Opinion by Moore.


            The CAFC reverses a determination by the district court that there was no infringement because a limitation was improperly imported into the claim.  Because the district court improperly limited the term “attached to said pad” to mean attachment only to an external surface and erred in its construction of the term “flexible”, the CAFC vacated and remanded.

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