Court construes only terms relating to infringement since validity issues are stayed

Posted on August 3, 2010 by Morris James LLP

Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., Civ. No.09-72-SLR, July 26, 2010.

Robinson, J.  The Court issues claims construction following Markman Hearing.

The Court issues its Markman decision construing five terms for the three patents-in-suit.  The parties had identified dozens of disputed terms.  However, the Court construed only the terms most essential in view of the parties' infringement positions and positions regarding the validity.  Because the court elected to stay its consideration of the validity of the '453 and '902 patents pending a final determination on the merits of the reexaminations of those patents, the court did not construe every term identified by the parties.
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