Defendant's motion for summary judgment of invalidity was granted because the only asserted claim included the term "optimization" which was insolubly ambiguous. "[B]ecause optimization necessarily involves tradeoffs, a database that is demonstrably inferior to the original data source with respect to the most important characteristics would still be superior with respect to some characteristic and therefore 'optimized.' A competitor would have no way to know whether a process for transforming a data source into a new database led to 'optimization' and would be subject to an infringement suit if the patent holder could locate a single characteristic of the database that is superior to that of the data source."
Data Retrieval Technology LLC et al. v. Sybase, Inc. et al., 3-08-cv-05481 (CAND November 8, 2010, Claim Construction Order) (Walker, J.)