It’s the Specification …

Some Markman hearings are just more memorable than others. Mine Friday in Judge Albright’s court involved a missing patent, technology that wouldn’t work, phone screen sizes, and a search for magic words that rivalled Jonathan’s frantic search from the Egyptian Book of the Dead in The Mummy (the good one). So Hootash im Ahmenophus everybody, and let me explain what I mean.

An Indefinite Smile

I challenge you to find a happier 16 year old than this one, who spent the first day of his summer vacation getting some stick time in a World War II trainer, as reported by the local paper. He was, in fact, smiling as broadly as I expect the defendants were when they got Judge Kernodle’s 122 page claim construction order in this 11 patent case raising over 30 terms, which addressed their indefiniteness arguments. They did pretty well.

Indefiniteness and Plain Meaning

This is a Markman ruling that concluded that a claim term was indefinite.  The Court set forth the current standards for such an argument before concluding that the term had been shown by clear and convincing evidence to be indefinite in light of the court’s other constructions. The opinion also addresses several times the argument that a claim term should be given its plain meaning, and provides a good set of examples for when this argument will be accepted.