The court found “badness factor” to satisfy the definiteness requirement. The court also found a situation where it could correct a drafting error. But the court nonetheless found other parts of the plaintiff’s patent invalid as indefinite for lack of corresponding structure.
Judge Pittman’s claim construction opinion takes issue with the basis for the defendants’ claim of indefiniteness, noting that “Defendants’ entire indefiniteness argument for nine different claim terms is a single sentence long” and didn’t even use the right legal standard.
That got your attention, didn’t it? But this case encapsulated the difference between difference between the “conventional wisdom” about Texas patent judges and reality. In WSOU v. Google, 2022-1063 (10/19/23), the Federal Circuit affirmed Judge Albright’s decision to invalidate one patent as indefinite, but reversed his decision to invalidate another. And as practitioners know, Judge Albright also granted the defendant’s motion for judgment as a matter of law during this same plaintiff’s trial last month in Waco, sending the jury home, and also was affirmed by the Federal Circuit a few weeks earlier for invalidating yet another of WSOU’s patents. It’s the rare article about Judge Albright in which the reporter doesn’t characterize him as “plaintiff friendly.” None of the articles about these developments characterized him as “defendant friendly” – which would be equally inaccurate – but they also don’t note the dissonance between how he is typically described and, um, reality. Plaintiffs do win in his court. So do defendants. Might have something to do with the merits.
Judge Lee Yeakel accepted a report recommending denying most of the parties’ summary judgment motions.
Two plain and ordinary – the other 15 invalid.
Some guidance on raising indefiniteness in a summary judgment motion in River City.
Judge Payne found a couple of terms indefinite in this Markman order.
Good name for a Hitchhiker’s Guide to the Galaxy character, don’t you think?
Sounds like someone’s frustrated, doesn’t it?
Kind of a two-fer here as far as bases for motions to dismiss. Well, really a three-fer if you want to get technical.