Intellectual Property Law

Judge Sue L. Robinson: Markman Opinion

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

The Court construed the following claim terms in a case involving patented telecommunications technology:

- a ?connection? or ?communications connection?

- ?changing over?during the existing transfer? and ?changing over?without interruption of the communications connection?

- ?changing over?without interruption of a setup procedure?

- ?means responsive to a control signal for changing over?

- The Court found the term ?[a] device that provides access by said switching apparatus [to a mobile (phone) packet-switching network/through a line-switching network] through which data packets can be sent for delivery to a destination end terminal? indefinite for reasons set forth in a separate opinion.

Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., C.A. No. 09-72-SLR, Memo. Order (D. Del. July 26, 2010).

Of note, the court construed only the ?most essential? terms based on the parties? infringement contentions and deferred consideration of additional terms related to the parties? invalidity contentions based on a stay of the merits of validity pending reexamination. Id. at 2 n.2.

Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., C.A. No. 09-72-SLR, Memo. Order (D. Del. July 26, 2010).

Full post as published by Delaware IP Law Blog on August 02, 2010 (boomark / email).