{"id":2837,"date":"2020-05-20T10:03:00","date_gmt":"2020-05-20T15:03:00","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=2837"},"modified":"2020-07-19T05:09:51","modified_gmt":"2020-07-19T10:09:51","slug":"claim-terms-construed-in-the-context-of-the-entire-patent-including-the-specification","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=2837","title":{"rendered":"Claim Terms Construed in the Context of the Entire Patent, including the Specification"},"content":{"rendered":"\n

In MCRO, Inc., v. Bandai Namco Games America Inc.<\/a>, [2019-1557] (May 20, 2020), the Federal Circuit affirmed summary judgment of noninfringement of U.S. Patent No. 6,611,278, and vacated judgment of invalidity because the specification fails to enable the full scope of the claims and remand for the district court to consider any appropriate further proceedings in light of, among other things, defendants\u2019 offer to withdraw their invalidity counterclaims without prejudice.<\/p>\n\n\n\n

With respect to the non-infringement determination, the Federal Circuit said that the district court was correct as a matter of law in ruling that a \u201cvector,\u201d in the context of the \u2019278 patent must have \u201c3-D magnitude and direction computed by pure subtraction\/addition between the neutral and target models, with one vector corresponding to each set of two vertices.\u201d Because the parties agreed that there is no infringement under this construction, the Federal Circuit affirmed the district court\u2019s grant of summary judgment of noninfringement.<\/p>\n\n\n\n

The Federal Circuit said that the proper claim construction is based \u201cnot only in the context of the particular claim in which the disputed term appears, but in the context of the entire patent, including the specification.\u201d\u00a0 The Federal Circuit said that the only meaning that matters in claim construction is the meaning in the context of the patent.\u2019\u201d The Federal\u00a0 Circuit said the specification compels the three-dimensional geometric construction of \u201cvector\u201d adopted by the district court. On the issue of validity, the Federal Circuit agreed that the defendants failed to identify with particularity any method of animation that falls within the scope of the claims that was not enabled. Without any specific examples, the district court\u2019s reasoning is too abstract, too conclusory, to support summary judgment.\u00a0 The Federal Circuit saw no reason to depart from its usual requirement that the challenger identify specifics that are or may be within the claim but are not enabled. Specifics have always mattered. A <\/em>fuller set of fact-findings about what is within the scope of the claims is necessary to decide the enablement issue.<\/p>\n","protected":false},"excerpt":{"rendered":"

In MCRO, Inc., v. Bandai Namco Games America Inc., [2019-1557] (May 20, 2020), the Federal Circuit affirmed summary judgment of noninfringement of U.S. Patent No. 6,611,278, and vacated judgment of invalidity because the specification fails to enable the full scope … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-2837","post","type-post","status-publish","format-standard","hentry","category-claim-constructino"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/2837","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2837"}],"version-history":[{"count":1,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/2837\/revisions"}],"predecessor-version":[{"id":2838,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/2837\/revisions\/2838"}],"wp:attachment":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2837"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2837"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2837"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}