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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Flameless Candle Terms Construed

Posted in Claim Construction

Winvic Sales, Inc. v. Valuevision Media, Inc., No. 09 C 7807 Slip Op. (N.D. Ill. Oct. 14, 2011) (Guzman, J.).

Judge Guzman construed the claim terms in this patent case involving flameless candles. Of particular note, the Court held: 

  • The Court adopted defendant’s (“ShopNBC”) constructions of “upper portion” and “lower portion” because plaintiff Winvic waived its arguments by failing to propose claim construction.
  • "The upper portion having a concave surface defining a recess therein” was construed as “the upper portion of the candle-like like body having a surface that is hollowed inward or rounded inward, regardless of whether the inward shape has curved or square edges, and thereby defining a recess therein.”
  • “Substantially in the recess” was construed as “a considerable degree within the limits of the recess.”
  • "Chamber" was construed as "a confined space."