This case is a little unusual in that the day before the Markman hearing the Federal Circuit affirmed another district court’s grant of summary judgment of indefiniteness based on construction of a single word. The Court asked for additional briefing, and after considering it, issued the attached opinion.
ANDA cases are not the most common bird locally, so it’s worth taking notice when a 160 page opinion containing 309 findings of fact and 89 conclusions of law rolls out the courthouse door, as happened the other day.
I’m working on a trio of cases today, all of which deal with claim construction. The first case includes – buried deep in a 117 page order a finding of indefiniteness with respect to a means-plus-function term that it worth analysis. Of course any opinion of that length will also have a wealth of useful standards that serve as a snapshot of what at least one court understands to be the law as of the end of January, in the year of our Lord 2018 (actually 2011 but once upon a time there was a monk that wasn’t so strong in math, and the rest is, literally, history).
This case came before the district court on objections from the magistrate judge’s ruling denying the defendant’s motion for summary judgment of indefiniteness. On appeal,