Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

There are two patents-in-suit directed to lens assemblies for cameras, permitting a compact size suitable for mobile telephones.  The magistrate adopts plaintiff’s proposed definition of “stop” but rejects its reasoning in modifying one of twelve Webster’s Third dictionary definitions of “stop.”  He rejects the notion that a single general dictionary is more probative than the patent’s specification and also rejects defendant’s lexicographer arguments.  He defers construing the terms “near the optical axis,” which is challenged as indefinite, until ruling on case-dispositive motions.  He adopts plaintiff’s construction “within an effective aperture range of the single focus lens” albeit comprised of general dictionary definitions where defendant has offered no alternative.  An indefinite ruling on the terms is deferred. He also construes the term “peripheral region.”