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Three disputed claim terms, three revised constructions, one remand

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

In a recent decision, the Federal Circuit vacated and remanded a district court's judgment of noninfringement based on the parties' stipulation after claim construction.  The district court construed three claim terms in a way that the parties agreed rendered all accused products noninfringing, and the plaintiff appealed.

On appeal, the Federal Circuit reversed the district court's claim construction of each of the terms.  The opinion followed a straightforward Phillips analysis for each term.  Applying the revised construction, the court held remand was appropriate to determine the issue of infringement in the first instance, even though the defendant, for the first time at oral argument, claimed its devices did not infringe even under the revised constructions.

More detail of Paragon Solutions, LLC v. Timex Corp. after the jump.

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Full post as published by FileWrapper on June 23, 2009 (boomark / email).