Claim Found Invalid
Judge Gilstrap found one claim indefinite based on lack of antecedent basis, but that another had not been shown to be so by clear and convincing evidence.
Claim Construction
Claim Term Held Indefinite
There is a lot going on in this 51 page claim construction order resolving disputes across the 14 asserted patents. Some practitioners might find instructive the court’s conclusion that the preamble is limiting, but others might find more interesting the court’s conclusion that a term was indefinite because it was subjective, and the intrinsic record provided no objective standard by which a skilled artisan determine what is and is not a “natural sounding voice”.
Claims Not Indefinite
The court construed numerous claims from seven patents. Of interest is the substantive (and repetitive in this case) analysis of the defendant’s claims of indefiniteness, none of which the Court found persuasive, and frequently expressly rejected.
Special Master Report & Recommendations on Claim Construction
The use of technical advisers on claim construction issues dates back almost 20 years in Texas patent courts, but a recent trend in the WDTX to opt for bringing in the same advisers as special masters is emerging.
Memorandum In Support Of Claim Construction Order
This 42 page order construes 12 claim terms, and contains useful insight into relevant standards as identified by the court.
Markman Ruling
Three terms. None indefinite.
Request For Supplemental Claim Construction Briefing On “Each”
Sometimes an issue the parties think of as a claim construction issue is one that the court thinks of as a summary judgment one.
Jawbone indefiniteness
Seven terms – two held indefinite.
Dallas Markman
At 62 pages, it’s a thorough analysis of many common issues.
Another Marshall Markman
Only 15 pages for this one. One “plain & ordinary” out of five.