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ARTICLE · 01 MAY 2015

"A Hole" Can Refer To Multiple Holes

Eidos accused various electronic display manufacturers (the display manufacturers) of infringing its patent directed to manufacturing an electro-optical device, such as a liquid crystal display (LCD).

United StatesIntellectual Property

Eidos Display, LLC v. AU Optronics Corp.

Addressing indefiniteness in a post-Nautilus world, the U.S. Court of Appeals for the Federal Circuit concluded that the claim limitation "a contact hole" could refer to multiple, separate contact holes and was not indefinite under the "reasonable certainty" standard at Nautilus. Eidos Display, LLC v. AU Optronics Corp., Case No. 2014-1254 (Fed. Cir., Mar., 10, 2015) (Chen, C.J.).

Eidos accused various electronic display manufacturers (the display manufacturers) of infringing its patent directed to manufacturing an electro-optical device, such as a liquid crystal display (LCD). After the Markman phase, the district court granted the display manufacturers' motion for summary judgment that the claim limitation "a contact hole for source wiring and gate wiring connection terminals" was indefinite.  Eidos argued that this "contact hole" limitation required multiple holes. In contrast, the display manufacturers argued that a

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