Intellectual Property Law

Magistrate Judge Mary Pat Thynge: Markman Order

By Karen E. Keller, Andrew A. Lundgren et al.

Magistrate Judge Mary Pat Thynge issued a claim construction order in the Innovative Patents, L.L.C. v. Brain-Pad, Inc. matter which involves a patent for an apparatus that enhances absorption and dissipation of impact forces for sweatbands (U.S. Patent No. 7,234,174). C.A. No. 07-680-MPT, Memorandum Order (D. Del. Jan. 13, 2010). The following claims were construed consistent with Phillips v. AWH Corp.:

- "sweatband"
- "relatively thin in nature"
- "curved in configuration"
- "intended area"
- "consistent memory"
- "semi-rigid"
- "apertures"

Of interest, for each claim term, the Court declined to adopt the parties' proposed construction and instead adopted its own meaning.

Innovative Patents, L.L.C. v. Brain-Pad, Inc., C.A. No. 07-680-MPT, Memorandum Order (D. Del. Jan. 13, 2010).

Full post as published by Delaware IP Law Blog on January 21, 2010 (boomark / email).