The U.S. Court of Appeals for the Federal Circuit affirmed a Texas district court’s ruling that Verizon Wireless did not infringe on Barkan Wireless’ patent despite disagreeing with the lower court’s construction of a term recited in each independent claim of the patent. Barkan Wireless had appealed the district court’s construction of the term “Access Point” in favor of Verizon’s more narrow construct that included only WiFi. Although Barkan’s specification did not expressly define “Access Point”, the district court did not err in rejecting Barkan’s construction in favor of Verizon’s proposed construction (Barkan Wireless Access Technologies, L.P. v. Cellco Partnership, Inc., August 29, 2018, Stoll, K.).
Case date: 29 August 2018
Case number: No. 2017-2264
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.