DUREL CORP. v. OSRAM SYLVANIA INC., 00-1261, 00-1391
The district court is free to use outside sources in its claim construction, such as calculations of atomic mass percent, but not if the resulting interpretation ignores an established meaning of a term as well as the specification's consistent use of that term.
- Decided 06/27/2001
- Published 06/27/2001
LOURIE, Circuit Judge., Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.
United States Federal Circuit
Laurence H. Pretty,Christie, Parker & Hale, LLP, of Pasadena, California, argued for plaintiff-cross appellant. Of counsel was John David Carpenter.
Robert G. Krupka, Kirkland & Ellis, of Los Angeles, California, argued for defendant-appellant. With him on the brief were John M. Desmarais, and Robert A. Appleby, Kirkland & Ellis, of New York, New York; and Christopher Landau, Kirkland & Ellis, of Washington, DC. Of counsel was Jay I. Alexander, Kirkland & Ellis, of Washington, DC.