Prior to Claim Construction "in a Vacuum," Parties Must Show "the Juice is Worth the Squeeze"

The parties' motions for claim construction were denied. "Far too often, construing claim terms in a vacuum leads to additional disputes about the meaning of the court's construction at summary judgment or to revision when the context of the dispute is revealed. Another problem with unsupported requests for construction is that parties sometimes take a shotgun approach and ask for construction terms in hopes of obtaining a few favorable constructions to use during summary judgment; if the court doesn’t give the constructions the party wanted, then those terms faded from the case. That’s why the parties have to persuade the court that the juice is worth the squeeze."

e2Interactive, Inc., et. al. v. Blackhawk Network, Inc., 3-09-cv-00629 (WIWD April 25, 2011, Order) (Crocker, M.J.)