PREDICATE LOGIC, INC. v. DISTRIBUTIVE SOFTWARE, INC.

No. 2007-1539.

544 F.3d 1298 (2008)

PREDICATE LOGIC, INC., Plaintiff-Appellant, v. DISTRIBUTIVE SOFTWARE, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 9, 2008.


Attorney(s) appearing for the Case

Christopher S. Marchese, Fish & Richardson P.C., of San Diego, CA, for plaintiff-appellant. With him on the brief were Seth M. Sproul and John A. Dragseth of Minneapolis, MN.

John C. Wynne, Duckor Spradling Metzger & Wynne, of San Diego, CA, argued for defendant-appellee. With him on the brief was Bernard L. Kleinke.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.


LINN, Circuit Judge.

When the complexities inherent in the English language meet the peculiarities of patent jargon, the result can be the bane of many unsuspecting patentees. While claim language is generally the product of the patentee alone, the patentee's drafting efforts are sometimes aided by the examiner. Usually, such collaborative efforts are constructive. On occasion, however, these efforts result in confusion, not clarity. In this case, there were two such...

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