Finisar v. DirecTV

Case Number: CLB0178

Date: 04.18.2008

Citation: No. 2007-1023, -1024

Claims are construed on review without deference to lower court interpretation, but the appeals court may consider interpretations of court other than the lower court that decided the appealed decision. Strict grammatical construction may be used in patent disputes, but ultimately the question is what one skilled in the art would have understood. A means-plus-function element corresponding to a programmed computer must be described in terms of the algorithm implemented.

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