Patent Owner Prevails in March 10th Federal Circuit Ruling Similar issues are currently on appeal to the Federal Circuit regarding MMR's U.S. Patent No. 8,498,883 http://www.mmrglobal.com
The Federal Circuit cited the recent Supreme Court ruling in Teva Pharm. USA, Inc. v. Sandoz, Inc., 135 S. Ct. 831, 840-42 (2015) in making its decision. This precedential Federal Circuit opinion reaffirms that in deciding issues of indefiniteness and claim construction, Courts need to view claim language from the perspective of a person of ordinary skill in the art and failure to do so can lead to reversal. In its ruling the court stated.....
"We reverse the district court's finding of indefiniteness because Eidos' proposed construction for the disputed limitation reflects how a person of ordinary skill in the art at the time of the invention would have understood the limitation after reading the intrinsic record." Eidos Display LLC et al. v. Au Optronics, Corporation et al. (Fed. Cir. 2014-1254) (March 10, 2015).
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