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Patent Law

: Philip Brooks’ Patent Infringement Updates

OPTi v. Apple Claim Construction Order

By Philip Brooks

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Counsel for the plaintiff in the OPTi Inc. v. Apple, Inc. case mentioned in my Tuesday post filed the following yesterday, December 3, 2008:

Per this Court?s November 26, 2008 oral decision after hearing argument on all claim construction issues, the parties hereby submit the attached proposed order pursuant to the Court?s request.

The proposed Claim Construction Order states in its introduction:

This case came before the Court on November 26, 2008 for hearing on all claim construction issues pursuant to the Docket Control Order in this matter. The Court has reviewed the briefs of the parties and the argument had in open Court. Having carefully considered the parties arguments, the language of the claims in light of the specification and the pertinent portions of the prosecution history, and having evaluated the disputed claim terms in light of the principles of claim announced by the Federal Circuit, particularly as set forth in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), the Court rules as set forth below as to the claim terms in dispute between the parties and enters as its order the claim constructions agreed to by the parties.

Thanks to the reader who provided the information and the order.  Download the order [Download Txed-2-07-cv-00021-161-2] to see the agreed claim construction terms table.

Full post as published by Philip Brooks’ Patent Infringement Updates on December 04, 2008 (boomark / email).

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