In a December 2, 2013 ruling, Judge Jed S. Rakoff in construing 24 claim terms in ADREA, LLC's patent infringement action against Barnes & Noble, Inc. over its ebook reader, construed the terms "selecting a title from the transmitted list of titles," and " "supplying a selected electronic book corresponding to the selected title to be encrypted" to have an order bias. Judge Rakoff wrote: "Although it is true that '[u]nless the steps of a method actually recite an order, the steps are not ordinarily construed to require one,' . . . 'if, as a matter of logic or grammar, they must be performed in the order in which they are written,' an ordered construction is required." The Court ruled that an ordered construction is required here because the supplied ebook must first be selected before it can be supplied.
for the Southern District of New York
Court Finds Order Bias in Claim Terms
In a December 2, 2013 ruling, Judge Jed S. Rakoff in construing 24 claim terms in ADREA, LLC's patent infringement action against Barnes & Noble, Inc. over its ebook reader, construed the terms "selecting a title from the transmitted list of titles," and " "supplying a selected electronic book corresponding to the selected title to be encrypted" to have an order bias. Judge Rakoff wrote: "Although it is true that '[u]nless the steps of a method actually recite an order, the steps are not ordinarily construed to require one,' . . . 'if, as a matter of logic or grammar, they must be performed in the order in which they are written,' an ordered construction is required." The Court ruled that an ordered construction is required here because the supplied ebook must first be selected before it can be supplied.
Labels:
13 Civ. 4137
,
Claim Construction
,
Judge Rakoff
,
Order Bias
,
Patent Infringement
Posted by
Richard Crisona
Posted by
Richard Crisona
Labels
05 Civ. 390
(
1
)
09 Civ. 10112
(
1
)
09 Civ. 528
(
1
)
10 Civ. 3734
(
1
)
10 Civ. 7246
(
1
)
11 Civ. 1001
(
1
)
11 Civ. 1594
(
1
)
11 Civ. 4985
(
1
)
11 Civ. 6808
(
1
)
12 Civ 5071
(
1
)
12 Civ. 3699
(
1
)
12 Civ. 3810
(
1
)
12 Civ. 4919
(
1
)
12 Civ. 5070
(
1
)
12 Civ. 5230
(
1
)
12 Civ. 6283
(
2
)
12 Civ. 779
(
1
)
12 Civ. 7902
(
1
)
12 Civ. 9260
(
1
)
12 Civ. 95
(
1
)
13 Civ. 1787
(
1
)
13 Civ. 684
(
1
)
ACPA
(
1
)
Advice of Counsel
(
1
)
Affirmative Defense
(
3
)
ANDA
(
2
)
Anonymity
(
2
)
Attorneys' Fees
(
18
)
Bifurcation
(
1
)
Breach of Contract
(
2
)
Case or Controversy
(
2
)
Contempt
(
2
)
Copyright
(
9
)
Copyright Infringement
(
76
)
Counterfeiting
(
4
)
Damages
(
7
)
Declaratory Judgment
(
7
)
Default Judgment
(
2
)
Federal Circuit
(
2
)
First Sale Doctrine
(
1
)
Fraud
(
1
)
Fraudulent Concealment
(
1
)
Infringement Contentions
(
3
)
Interlocutory Appeal
(
4
)
Judge Abrams
(
5
)
Judge Buchwald
(
3
)
Judge Castel
(
8
)
Judge Cedarbaum
(
1
)
Judge Daniels
(
4
)
Judge Dolinger
(
2
)
Judge Forrest
(
16
)
Judge Gardephe
(
5
)
Judge Hellerstein
(
4
)
Judge Oetken
(
5
)
Judge Preska
(
4
)
Judge Ramos
(
1
)
Judge Schofield
(
5
)
Judge Sullivan
(
12
)
Moot
(
4
)
Motion to Quash
(
2
)
Patent
(
1
)
Patent Infringement
(
56
)
Preliminary Injunction
(
4
)
Reasonable Royalty
(
2
)
Renewal
(
1
)
Safe Harbor
(
1
)
Subject Matter Jurisdiction
(
5
)
Summary Judgment
(
8
)
Trademark
(
2
)
Trademark Infringement
(
42
)
Willfulness
(
6
)
The general information and thoughts posted to this blog are provided only as an informational service to the web community and do not constitute solicitation or provision of legal advice. Nothing on this blog is intended to create an attorney-client relationship and nothing posted constitutes legal advice. You should understand that the posts by the author, who is an attorney at U.S. law firm Allegaert, Berger & Vogel, may or may not reflect the views of that firm and that the author of this blog is only authorized to practice law in the jurisdictions in which he is properly licensed to do so. For additional information, click here.