Claim construction report and recommendation is adopted with one exception

Masimo Corporation v. Philips Electronics North America Corp., et al., C. A. No.09-80-LPS-MPT, January 17, 2012.

Stark. J.  Objection to claim construction report and recommendation is denied in part and granted in part.

Plaintiff in this patent case concerning a signal processor objected to the claim construction report and recommendation.  The parties disputed whether the specification limited claimed invention to certain specified signal processor embodiments.  The report and recommendation cited three specific references in the specification supporting the conclusion that it was limited.  The Court found, however, that these specific references did not “clearly and unambiguously disavow other types of signal processors.”  In support, the Court reasoned that other portions of the specification indicated that the patent did not expressly define “signal processor” in a single restrictive manner.

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