Hyperphrase Technologies v. Google (No. 2007-1125)(Michel, Lourie, Gajarsa)
December 26, 2007 2:16 PM
(Michel) Affirming in part and vacating in part and remanding summary judgment of noninfringement in light of erroneous claim construction. "A claim construction that excludes an embodiment of the relevant claim(s) is typically incorrect."
Sinorgchem v. ITC & Flexsys America (No. 2006-1633) (Newman, Dyk, Yeakel [of the W.D. Tex., sitting by designation])
December 21, 2007 2:04 PM
(Dyk) Vacating and remanding finding of infringement because of erroneous claim construction. The claim term was expressly defined in the specification, and the patentee was bound by that definition, which included a numerical limitation. Newman, dissents.
In re Garner (No. 07-1221) (Rader, Schall, Moore)
December 5, 2007 2:10 PM
(Moore) Affirming Board decision in interference that party failed to make a prima facia showing of priority. The Court gives deference to the PTO's interpretation of its own rules.