Claims are construed in Web server technology patents

Posted on December 11, 2008 by Morris James LLP

Oracle Corporation and Oracle U.S.A., Inc. v. Parallel Networks, LLP, Civ. No. 06-414-SLR, December 4, 2008 (Mem. Order).

Robinson, J.  The Court issues a claim construction ruling for two patents relating to Web server technology.

The Court construes 12 terms.  It declines to construe the single word “releasing” as great mischief comes of construing words in a vacuum as opposed to in context.  The Court concludes that the page server does not “release” the web server unless the Web server is free to process other requests, a construction consistent with the specification.  It rejects a limitation (adopted by the Texas court as confusing and unnecessarily complex.  The term “web server” is not limited to “HTTP-compliant server software, adopting a broader interpretation because this is a software patent.  If this had been a mechanical device patent and there was truly only one embodiment of the device described in the specification, the broader language of the claims should be limited to that one device.  Given the mutable nature of the technology here, the court declines to impose the HTTP-compliant restriction.
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