This morning the Federal Circuit released an opinion in a patent case appealed from the Southern District of Texas. In its opinion, the Federal Circuit affirms the district court’s claim construction as to one term, vacates its construction as to another term, and remands the case. The Federal Circuit also released a nonprecedential order dismissing an appeal and a Rule 36 judgment. Here is the introduction to the opinion and links to the dismissal and Rule 36 judgment.
Grace Instrument Industries, LLC (Grace) appeals a claim construction order issued by the United States District Court for the Southern District of Texas finding the term “enlarged chamber” indefinite and construing the term “means for driving said rotor to rotate located in at least one bottom section.” As a result of the district court’s order, the parties stipulated that asserted claims 1, 2, 4, 5, 7–9, 11, 14, 15, and 17 of U.S. Patent No. 7,412,877 (’877 patent) are invalid and that claims 4, 5, 7–9, 11, 14, 15, and 17 are not infringed, and the court entered final judgment in favor of Chandler Instruments Company, LLC (Chandler). Because the district court erred in its analysis of the term “enlarged chamber,” we vacate the district court’s determination that “enlarged chamber” is indefinite and remand for further proceedings consistent with this opinion. We affirm the district court’s construction of “means for driving said rotor to rotate located in at least one bottom section.”