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: Eastern District of Texas Federal Court PracticeClaims construction opinion; Plaintiff stipulates to noninfringement
By Michael Smith
RFID Tracker Ltd. v. Wal-Mart Stores Inc., 2008 WL 382317, E.D.Tex., February 11, 2008 (NO. 6:06 CV 363)
Judge: Leonard Davis
Holding: Claims construction ruling.
As part of Judge Davis' claim construction order, 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?. Today the Plaintiff stipulated to noninfringement as a result of the Court's claims construction ruling, and asked the court to enter a final judgment in accordance with this ruling.
Full post as published by Eastern District of Texas Federal Court Practice on February 27, 2008 (boomark / email).
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Claim construction and noninfringement affirmed on one patent, vacated on another
Intrinsic evidence supported pre-Phillips claim construction; finding of noninfringement affirmed
Claim construction excluding disclosed embodiment improper absent disclaimer of some kind
Consent judgment with no explanation of how claim construction affected noninfringement vacated







