Friday, November 6, 2009

Motion for Claim Construction Denied Because the Parties Failed to Show Why Construction was Necessary

The parties' motions for claim construction were denied for failing to comply with the court's pretrial order requiring the parties to "persuade the court that construction of each specified term is necessary to resolve a disputed issue concerning infringement or invalidity." "The reason for the order is not to require parties to parrot its language before the court construes claim terms; it is to avoid devoting judicial resources to the issuance of advisory opinions on the construction of claim terms about which the parties have no concrete dispute. Claims construction is not an academic exercise. As much as the parties may hate to show their hands at this early stage, they must do so if they hope to seek the benefit of claim construction before filing motions for summary judgment."

Semiconductor Energy Lab. Co., Ltd. v. Samsung Elect. Co., Ltd. et al.,
3-09-cv-00001 (November 4, 2009, Order) (Crabb, J.)

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