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ARTICLE · 09 SEPTEMBER 2014

Claim Scope Limited When Specification Describes Feature As "Essential" And "Universal" To All Embodiments

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The patents-in-suit relate to structures for reducing electromagnetic interference in electrical circuits.

United StatesIntellectual Property
Kevin Rodkey
Kevin Rodkey
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In X2Y Attenuators, LLC v. International Trade Commission, No. 13-1340 (Fed. Cir. July 7, 2014), the Federal Circuit affirmed the ITC's claim construction and determination of no violation under 19 U.S.C. § 1337.

X2Y Attenuators, LLC ("X2Y") is the owner of three related patents:  U.S. Patent Nos. 7,609,500 ("the '500 patent"); 7,916,444 ("the '444 patent"); and 8,023,241 ("the '241 patent") (collectively "the patents-in-suit").  The patents-in-suit relate to structures for reducing electromagnetic interference in electrical circuits.  The patents-in-suit describe shielding electrodes to reduce "parasitic capacitance" between the electrodes by alternating arrangements of shielded and unshielded electrodes.  Slip op. at 3 (citation omitted).  X2Y filed a complaint in the ITC accusing Intel Corporation and other intervenors (collectively "Intel") of unlawful importation of microprocessors that infringed the patents-in-suit.  At the ITC, the parties disputed whether

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