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.
In a lengthy analysis, Judge Gilstrap concluded that the term was indefinite, and granted the motion for summary judgment of indefiniteness as to dozens of claims across two patents.
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