Magistrate Judge’s Order Declining Construction of All Disputed Terms Vacated

The court sustained plaintiff's objection to the magistrate judge's claim construction order which did not construe all disputed terms. "[T]he Magistrate Judge did not construe all of the claim terms in dispute. That neither party offered a proposed construction that the Magistrate Judge found acceptable is not a sufficient reason to leave disputed terms without interpretation. Nor did counsel's failure to address these claims at oral argument or in their agreement constitute waiver. . . . Furthermore, the terms presented are technical in nature and the Markman opinion offers no basis to support a finding that they would be readily understood by an average fact finder. . . . That these terms would be understood by a person of ordinary skill in the art does not mean that construction is unnecessary. Instead, the Court should base its constructions on what such a person would understand those terms to mean. . . . [W]ith respect to construction of [the unconstrued terms] . . . the order of the United States Magistrate Judge be, and it is hereby, vacated. The Court will issue its own order with respect to those claims after review of the briefs on file."

United Services Automobile Association v. Mitek Systems, Inc., 5-12-cv-00282 (TXWD April 2, 2014, Order) (Hudspeth, J.)