Replies to post #75398 on e.Digital Corporation (fka EDIG)

[jtdiii]

Why EDIG will prevail at the Markman Hearing

The Federal Court of Appeals ORDERED A REHEARING "en banc"(12Judges) of Judge Krieger's ruling in the Markman Hearing of Phillips v.AWH. coincidentally,Judge Krieger was the same Judge in e.Digital's case)

The Federal Court of Appeals en banc ruled to REVERSE JUDGE KRIEGER'S summary judgment of non-infringement and remanded the case.
(there's no interlocutory appeal of MH, so this ruling was post trial)

The Federal Court of Appeals RULED AS FOLLOWS and THESE RULINGS ARE IMPORTANT to e.Digital's case.(and are in e.Digital's favor/JMHO))

1)Intrinsic evidence is the primary basis for construing the terms recited in the claims of a patent.

2)The prosecution history often lacks the clarity of the specification and thus is less useful for claim construction purposes.

3)The distinction between using the specification to interpret the meaning of a claim and importing limitations from the specification into the claim can be a difficult one to apply in practice.

4)Repeated warnings in past decisions against confining claims to very specific embodiments even though such specific embodiments are described in the specification.

5)Expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment.

jtdiii