![]() 2005) (en banc) (internal citation omitted). In such circumstances, general purpose dictionaries may be helpful." A patentee may choose, however, "to be his own lexicographer and use terms in a manner other than their ordinary meaning, as long as the special definition of the term is clearly stated in the patent specification or file history." "Thus, second, it is always necessary to review the specification to determine whether the inventor has used any terms in a manner inconsistent with their ordinary meaning." "Third, the court may also consider the prosecution history of the patent, if in evidence." "In some cases, the ordinary meaning of claim language as understood by a person of skill in the art may be readily apparent even to lay judges, and claim construction in such cases involves little more than the application of the widely accepted meaning of commonly understood words. When analyzing claim construction, "irst, we look to the words of the claims themselves, both asserted and nonasserted, to define the scope of the patented invention." Claim terms are generally given their ordinary and accustomed meaning as understood by one of ordinary skill in the art. Westview Instruments, Inc., the Supreme Court held that claim construction is a matter exclusively within the province of the court. Following reexamination, the USPTO issued Reexamination Certificates for each of the Patents-in-Suit. The USPTO granted that request and the Court stayed this matter pending reexamination. ![]() While the Patents-in-Suit contain slightly different language, the issues raised by the parties' briefs apply in equal force to all three patents, except where noted.Īfter Plaintiff brought suit, Defendant sought reexamination from the U.S. Plaintiff contends that this device infringes the Patents-in-Suit. In November 2017, Defendant introduced its own stamping tool called the Stamparatus. That tool allows a user to position a card in the corners created by rigid raised side portions, place a magnet on top of the card, and move the cover toward the card to stamp the card. ![]() Iliana Garza is the inventor of the Patents-in-Suit and founded Plaintiff Petunia to sell the invention-MISTI or Most Incredible Stamp Tool Invented-described in those patents. For the reasons discussed below, the Court will adopt Plaintiff's proposed claim construction, grant Plaintiff's motion for partial summary judgment, and deny Defendant's motion for partial summary judgment. In addition, both parties have moved for partial summary judgment. This matter is before the Court for claim construction. ![]()
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