Claim Construction Opinion Issues Regarding Wireless Technology

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Interdigital Communications, Inc., et al. v. ZTE Corporation, et al., C.A. Nos. 13–009–RGA; 13-010–RGA, March 6, 2015.

Andrews, J.  The court construed four terms from two patents relating to communication with wireless networks.

A 6-day trial resulted in a jury finding that 3 patents-in-suit were valid and infringed by defendant.  A mistrial was declared as to the 4th patent-in-suit.  The court granted the defendant in a related case leave to make additional arguments with respect to 2 terms from one of the patents previously tried and found in the first trial to be valid and infringed.  The disputed technology relates to cellular transceivers and communication with a wireless network.  The following terms were construed:

  1. Maintain a communication session with the wireless network;
  2. Assigned physical channels;
  3. A same physical downlink control channel; and
  4. Both downlink channel assignment information and uplink channel assignment information being received via the same physical downlink control channel.

The court reminds parties to advise experts that giving testimony about what a claim construction “means” is improper.  It will give due consideration to the possibility of sanctions if it happens again.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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