FEDERAL CIRCUIT UPHOLDS NARROW CONSTRUCTION OF A TERM AS CONSISTENT WITH THE DESCRIPTION OF THE INVENTION AND NOT DIRECTED TO A PREFERRED EMBODIMENT

CORE WIRELESS LICENSING S.A.R.L v. APPLE INC., Appeal No. 2015-2037 (Fed. Cir. April 14, 2017).  Before O’Malley, Bryson, and Wallach.  Appealed from E.D. Tex. (Judge Gilstrap).  (Claim Construction)

In this case, Core Wireless sued Apple for infringing its claims directed to efficiently transmitting data packets over a cellular network using dedicated channels.  Dedicated channels, as opposed to common channels, carry data packets from a single mobile station without competing transmissions from other stations.  Furthermore, the district court ruled that the limitation of “means for comparing for basis of channel selection” was required to be performed by mobile stations that are “programmed … in accordance with the algorithm shown in Fig. 6, step 650.”  Additionally, Apple introduced evidence at trial that its accused mobile stations could not perform channel selection, and as such, did not infringe Core Wireless’s asserted claim.  The jury ruled in favor of Apple.  Core Wireless filed for judgment as a matter of law, arguing that the mobile stations disclosed in its patent were not required to perform channel selection.  In conclusion, the district court denied Core Wireless’s motion, and Core Wireless appealed.  (continue reading)

Summary by:  Vishak Ganesh

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