In Eon Corp. v. Silver Spring Networks, the Federal Circuit reversed a finding of infringement, identified a failure to construe “portable” and “mobile,” and directed entry of a judgment of non-infringement based on a proper construction of the plain and ordinary meaning of mobile and portable.
What This Means to You
- Interpretation of plain and ordinary meaning of claim terms is conducted in view of the specification.
- Ambiguous examples may not support broader claim scope, especially where detailed examples provide support for a narrower interpretation of the claims.
- Explicitly claim all your embodiments and, if possible, keep continuation applications pending to provide an opportunity to resolve ambiguity.