• Aug 12 2019
  • |
  • Category: CAFC Updates

Iridescent sued AT&T and Ericsson for infringement of U.S. Patent No. 8,036,119 relating to systems and methods of network communication that provide guaranteed bandwidth on demand for applications that require high bandwidth and minimize data delay and loss during transmission. Following claim construction, the parties jointly stipulated to non-infringement, and the district court entered judgment in favor of AT&T and Ericsson. Iridescent appeals on the ground that the district court erred in its construction of the term “high quality of service connection.” However in view of the intrinsic record, the CAFC was not persuaded that the term “high quality of service connection” equates with assurance of quality. The CAFC also notes that where there is no clear ordinary and customary meaning of a coined term of degree, one may look to the prosecution history for guidance without having to first find a clear and unmistakable disavowal, and that Iridescent’s statements made to overcome the examiner’s enablement rejection inform the claim construction analysis by demonstrating how Iridescent understood the scope of the disputed term. The CAFC holds that the correct construction of “high quality of service connection” means “a connection that assures connection speed of at least approximately one megabit per second and, where applicable based on the type of application, packet loss requirements that are about 10-5 and latency requirements that are less than one second” and affirms

View Decision