Preliminary Claim Constructions Are Only Preliminary

Posted on December 6, 2006 by R. David Donoghue

Trading Techs. Int'l, Inc. v. eSpeed, Inc., No. 04 C 5312, 2006 WL 3147697 (N.D. Ill. Oct. 31, 2006). (Moran, Senior J.)

Judge Moran issued this opinion construing the claims of the patents-in-suit after a Markman hearing.  There are two items of special note.  First, the opinion provides a thorough recitation of the claim construction standards post-Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005).  Second, the Court provides further proof that claim construction is an organic process which can change througout a case, with this succinct quote:

Although our preliminary injunction construction aligned with plaintiff's view, such construction was, simply put, preliminary.

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Chicago IP Litigation Blog - June 5, 2008 4:45 AM
Trading Techs. Int'l, Inc. v. eSpeed, Inc., No. 2008-1392 & 1393 (Fed. Cir.).* As Judge Moran predicted, the parties have appealed this case to the Federal Circuit.* The parties' appeals were consolidated, leaving a single appeal with a substantial nu...
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