McDonnell Boehnen Hulbert & Berghoff LLP

« InterDigital v. Nokia: Intervention Improper if Filed After Settlement | Main | Aesthetically Pleasing Patent Found Indefinite »

Aug 04, 2005

Customary Meaning Refers to Customary Meaning in the Art

Collegent v. ApplyYourself (Fed. Cir. 2005).

In one of the first claim construction cases following the landmark Phillips v. AWH case, the CAFC has reversed a district court's construction of the phrase "a format specified by the institution."  In its decision, the panel cited Phillips for the proposition that the lower court had improperly given the term an overly broad customary meaning.  Id. ("‘customary meaning’ refers to the ‘customary meaning in [the] art field’").

NOTE: This week I have been on vacation at our family ranch in Kansas and blogging through my TREO.  Sorry for the typos.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c588553ef00d8345a6b9a69e2

Listed below are links to weblogs that reference Customary Meaning Refers to Customary Meaning in the Art:

» Ericsson v. InterDigital v. Nokia from Patent Pod
Listen to the Ericsson v. InterDigital v. Nokia opinion on your iPod or MP3 player. [Read More]

» Collegenet v. Applyyourself from Patent Pod
Listen to the Collegenet v. Applyyourself opinion on your iPod or MP3 player. [Read More]

Search Patently-O




  • The Web Patent Blog

Patently-O Jobs

Subscribe


  • Patently-O is the most popular patent law blog and a daily read for over fifteen thousand patent law professionals from every major innovative corporation, IP Law Firm and world patent office. Click the link above to receive an automatic Patently-O e-mail each morning with the freshest posts.

Author

Terms of Use & Disclaimer

  • Terms of Use

  • Patently-O on Facebook
    Connect with Patently-O readers.

  •