Patent Plaintiff seeks to appeal based on misconstrued claim construction
Last week, the RFID Journal reported on a patent dispute case in the US District Courts, in which the plaintiff, Ronald Bormaster plans to seek an appeal based on the judge’s “[mis]interpretation of [his] patent.” While the case has yet to be decided, the court claim construction ruled that Bormaster’s RFID interrogator/reader “does not contain a transmitter,” while the defendants claimed that their system did. Jim McNeill, a partner at McKenna Long & Aldridge, was quoted in the article noting the importance of claim construction as it can “make or break” a patent infringement case.
Rel Ambrozy, also a partner at McKenna Long, remarked in a Aug 2006 article about Bormaster’s case that “end users need to make sure that they consider indemnification very carefully when purchasing” RFID technology. The lawsuit was not filed against the RFID manufacturers, but rather the companies who employed them: Wal-Mart, Target and Gillette.
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In Case You Missed the Webinar...
In case you missed the RFID Journal Webinar "Intellectual Property and Patent Protection" on April 5, 2007, you can view an archived recording at:
https://rfidjournal.webex.com/rfidjournal/onstage/g.php?AT=VR&RecordingID=204891419
A PDF copy of the slides used in this presentation can be viewed or downloaded by clicking on the link below:
http://www.rfidjournal.net/PDF_download/Webinar_4-5-07.pdf
Doug Farry and Rel Ambrozy, both of McKenna Long & Aldridge, LLP, presented along with the Patent and Trademark Office's Mark Powell.
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