Friday, October 28, 2011

District Court Declines to "Expand" on Federal Circuit's Claim Construction

Plaintiff's motion for a claim construction that differed from the construction by the court of appeals was denied. "Plaintiff is correct that the court of appeals did not address in its opinion the particular question plaintiff is raising now. However, the court did not suggest that its construction was incomplete and needed further clarification on remand. . . . [I]f plaintiff believed that the construction provided by the court of appeals was incomplete, it could have filed a motion for clarification with that court. I decline to expand on the construction the court of appeals provided."

Extreme Networks, Inc. v. Enterasys Networks, Inc., 3-07-cv-00229 (WIWD October 26, 2011, Order) (Crabb, J.)

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