Judge Robinson finds claim term indefinite on summary judgment

In Cox Communications Inc, et al. v. Sprint Communications Company L.P., et al., C.A. No. 12-487-SLR (D. Del. May 15, 2015), Judge Sue L. Robinson granted Plaintiffs’ motion for partial summary judgment as to the indefiniteness of the term “processing system” found in four of the patents-in-suit owned by Defendants that share a specification.  Defendants offered a proposed construction for this term, citing the opinion of its expert, while Plaintiffs’ expert opined that there was no known, well-understood meaning for this term and that the term was only described functionally.  Id. at 6-7.  The Court concluded that this term was indefinite, finding that there was no established meaning in the art for this term and that the” claim language and specification do not provide structural limitations for the ‘processing system’ and do not inform those skilled in the art about the scope of the invention with reasonable certainty.”  Id. at 10-11.

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