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Claims construction resulting in dismissal affirmed on appeal

By Michael C. Smith

RFID Tracker Ltd. v. Wal-Mart Stores Inc., (NO. 6:06 CV 363)
Judge: Leonard Davis
Holding: Claims construction ruling affirmed.

Blog readers may recall that last February Judge Davis entered a claims construction order in this case, which can be found at RFID Tracker Ltd. v. Wal-Mart Stores Inc., --- F.Supp.2d ----, 2008 WL 382317, E.D.Tex., February 11, 2008.  As part of the claim construction order in this case, he adopted Defendants? definition of the term ?interrogator/reader? and construed it to mean ?an interrogator/reader that includes a field generator and a receiver, but not a transmitter?.  The Plaintiff subsequently stipulated to noninfringement as a result of the Court's claims construction ruling, and a final judgment was entered, followed by an appeal.

Last week the Federal Circuit affirmed Judge Davis' ruling in an unpublished per curiam opinion. 

Full post as published by Eastern District of Texas Federal Court Practice on August 24, 2009 (boomark / email).