Light-Emitting Diodes and Products Containing Same, 337-TA-784 (ITC August 10, 2012, Order) (Shaw, ALJ).
Thursday, August 30, 2012
“Abbreviated” Description of Spectral Region Did Not Create Discontinuity Sufficient to Render Patent Indefinite
Following an evidentiary hearing, the ALJ found that complainant's LED patent was not invalid as indefinite. "[T]here is nothing in the intrinsic record to support [respondents'] contention that 'a spectral region consisting of ultraviolet, blue, and green' is discontinuous. . . . One of ordinary skill in the art, when reading the [patent's] specification, would understand that the inventors chose to use an abbreviated set of color names to describe the radiation spectrum ranging from ultraviolet to green, and would not find the claim term. . . to be 'insolubly ambiguous.'"