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Partially does not include totally, judgment of noninfringement affirmed

By McKee, Voorhees & Sease, P.L.C.

In a decision yesterday, the Federal Circuit affirmed a district court's claim construction and its related judgment of noninfringement.  The court declined to import a meaning which went against the plain meaning of the disputed term, and stated if the patentee had intended such a meaning, it should have done so explicitly.  The term at issue was "partially hidden from view," and the court affirmed the district court's conclusion that this term excluded items "totally hidden from view."

Interestingly, the court affirmed the district court's claim construction even though it excluded every embodiment illustrated in the specification, including the preferred embodiment.  The court noted that other claims not at issue could possibly encompass these omitted embodiments.

More concerning Helmsderfer v. Bobrick Washroom Equip., Inc. after the jump.

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Full post as published by FileWrapper on June 05, 2008 (boomark / email).