http://www.mondaq.com/unitedstates/x/198296/Patent/Presumption+Created+By+Doctrine+Of+Claim+Differentiation+Not+Overcome+In+Light+Of+Patent+Specification+And+Expert+Testimony
United States: Presumption Created By Doctrine Of Claim Differentiation Not Overcome In Light Of Patent Specification And Expert Testimony
25 September 2012
Article by Esther H. Lim , Joyce Craig , Elizabeth D. Ferrill and Shana K. Cyr
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In InterDigital Communications, LLC v. International Trade Commission, No. 10-1093 (Fed. Cir. Aug. 1, 2012), the Federal Circuit held that the ITC erred in construing certain critical claim terms in two patents, reversed the ITC's finding of no infringement, and remanded the case to the ITC for further proceedings.
InterDigital Communications, LLC and InterDigital Technology Corporation (collectively "InterDigital") own U.S. Patent Nos. 7,190,966 ("the '966 patent") and 7,286,847 ("the '847 patent"). Both patents are directed to wireless cellular telephone technology and share a common specification. The patents focus on apparatus and methods for controlling transmission power during the "handshake" portion of wireless cellular communication, during which a cell phone establishes contact with a cellular base station in order to initiate a call....
"The world is a dangerous place to live�not because of the people who are evil, but because of the people who don't do anything about it." �Albert Einstein
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