Monday, July 7, 2014

Supreme Court’s Nautilus Decision Provides Basis to Reconsider Claim Construction

The court granted in part defendant's motion to reconsider an earlier claim construction order in light of a recent Supreme Court decision. "[Defendant argues that] a recent Supreme Court decision constitutes an intervening change in the law . . . The Court . . . finds that the Supreme Court’s recent decision in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014) is a basis for reconsideration. Although the case was about invalidity, not claim construction, it bears on the . . . order insofar as claims should be construed, if possible, to avoid invalidity."

Newport Corporation v. Lighthouse Photonics Incorporated, 8-12-cv-00719 (CACD July 2, 2014, Order) (Carter, J.)

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