Share on LinkedInShare on LinkedIn

ARTICLE · 01 APRIL 2016

"Plain And Ordinary Meaning" Must Be Tethered To Invention Described In Specification

The Court reiterated that the ordinary meaning of a claim term is its ordinary meaning to the ordinary artisan after reading the entire patent.

United StatesIntellectual Property

Eon Corp. IP Holdings LLC v. Silver Spring Networks, Inc.

Addressing claim construction issues, a divided panel of the US Court of Appeals for the Federal Circuit reversed a jury verdict of infringement, holding that the district court's "plain and ordinary meaning" construction failed to provide the jury with a clear understanding of the disputed claim scope and that, under the correct construction, no reasonable juror could find infringement. Eon Corp. IP Holdings LLC v. Silver Spring Networks, Inc., Case No. 2015-1237 (Fed. Cir., Feb. 29, 2016) (Prost, CJ) (Bryson, J, dissenting).

The patents at issue were directed to two-way communications devices, and each incorporated the terms "mobile" and "portable," which the parties agreed were synonymous. The defendant argued that the disputed terms do not cover "fixed or stationary products that are only theoretically capable of being moved." The plaintiff, by contrast, argued that the terms should be given their

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from