IN RE 55 BRAKE LLC (Fed. Cir. 2015) (NP) – Specifically reciting a member of a claimed “plurality” reduces the number of other members of the plurality

Specifically reciting a member of a claimed “plurality” reduces the number of other members of the plurality that need to be present to meet the claim limitation. Here, for example, reciting that “one of said plurality of sensors is a vehicle motion sensor” was found...

VASUDEVAN SOFTWARE, INC. v. TIBCO SOFTWARE, INC. (Fed. Cir. 2015) (P) – Proper grammar is essential in both claim drafting and other statements relevant to claim interpretation

Proper grammar is essential in both claim drafting and other statements that may be used to construe the claims, such as arguments made during prosecution. Here, for example, the patentee argued during prosecution that “disparate” databases referred to an “absence of...

TMI PRODUCTS INC v. ROSEN ENTERTAINMENT SYSTEMS (Fed. Cir. 2015) (NP) – Even clear drafting intent cannot overcome an otherwise apparent meaning to a claim term

Even clear drafting intent cannot overcome an otherwise apparent meaning to a claim term. Here, for example, an entertainment system housing structured to permit “selective” access to a user was found to exclude embodiments that permitted constant access (e.g., an...

IN RE BOOKSTAFF (Fed. Cir. 2015) (NP) – The plain meaning of “Indicative” is to “serve to indicate” via “a sign, symptom, or index”

Absent a different usage made clear by the specification, the term “indicative” is a common word with a well-known meaning of “serving to indicate” via “a sign, symptom, or index.” Here, for example, “data that is indicative of a gratuity to be charged” in a financial...