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Permanent injunction vacated over prosecution history disclaimer

By Lawrence B. Ebert, Esq.

In Ilight v. Fallon, a jury verdict is overturned, with the CAFC noting:

For the foregoing reasons, we hold that the district court erred in its construction
of the claim terms ?rod? and ?rod-like.? The jury should have been instructed that the
claimed invention did not include ?hollow? structure for the waveguide and that, in order
to infringe, structure in the accused Fallon products corresponding to the waveguide
could not be ?hollow.? We think that Fallon?s proposed claim construction, augmented
by appropriate instruction to the jury with respect to the ?solid? requirement, would have
accomplished this.

Full post as published by IPBiz on April 21, 2010 (boomark / email).