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ARTICLE · 06 MARCH 2013

Inventive Features Repeatedly Emphasized In A Patent Cannot Be Overlooked In Claim Construction

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In "Parallel Networks, LLC v. Abercrombie & Fitch Co.", No. 12-1227, the Federal Circuit affirmed the district court’s claim constructions and SJ of noninfringement.

United StatesIntellectual Property
Angela Dai
Angela Dai
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In Parallel Networks, LLC v. Abercrombie & Fitch Co., No. 12-1227 (Fed. Cir. Jan. 16, 2013), the Federal Circuit affirmed the district court's claim constructions and SJ of noninfringement, and also affirmed the district court's denial of a Fed. R. Civ. P. 59(e) motion seeking leave to amend infringement contentions.

Parallel Networks, LLC ("Parallel") owns U.S. Patent No. 6,446,111 ("the '111 patent"), which is directed to the use of individualized applets in handheld devices to speed up data transfer. Parallel filed suit against numerous defendants, alleging that the defendants' websites provided applets in response to user requests in a manner that infringed the '111 patent.The district court construed certain claim terms that the defendants contended were case dispositive, including the terms "executable applet" and "dynamically generated by the server in response to the request."Regarding the "dynamically generated" term, the district court adopted the

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