Avenue Innovations, Inc. v. E. Mishan & Sons Inc.

 
APPEAL NO.
20-1065
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Per Curiam

Question(s) Presented

  1. “Whether this Court and a district court may ignore the Supreme Court’s instructions for determining if the patent claim as a whole, not particular claim terms, read in light of the specification and the prosecution history, fail to inform with reasonable certainty those skilled in the art about the scope of the invention.”
  2. “Whether a district court exceeds its proper role in claim construction by overruling the parties’ agreed-upon construction and not considering competent and unrebutted expert testimony about how one of ordinary skill would understand the agreed-upon construction.”

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