Wednesday, November 30, 2016

Expert Opinion as to Meaning of Claim Term Excluded as Improper Claim Construction ​

The court granted in part plaintiff's motion to exclude the testimony of defendants' noninfringement expert because the expert engaged in claim construction. "In his report, [the expert] opines that the term 'support member,' which is included in claim 6 of the [patent], is synonymous with the term 'plate member'. . . . [His] proposed definition for 'support member' is not based on his technical expertise, but rather, on an interpretation of the language used in claim 6 of the [patent] in light of the language used in the patent's specification. [The expert] thus appears to be offering 'a classic claim construction determination.' The court concludes that because [the expert's] opinion concerning the meaning of 'support member' is an improper attempt at claim construction, it must be excluded. This does not necessarily mean, however, that Defendants are barred from making an argument about the meaning of the term. Should either side believe that additional claim construction is necessary, a party move for leave to present additional claim terms for construction."

Not Dead Yet Manufacturing, Inc. v. Pride Solutions, LLC et al, 1-13-cv-03418 (ILND November 28, 2016, Order) (Pallmeyer, USDJ)

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