Finjan LLC v. ESET, LLC

 
APPEAL NO.
21-2093
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Reyna

Question(s) Presented

  1. “Whether a District Court’s construction of a claim term in an asserted patent, determined to be consistent with a totality of the evidence based on analysis of conflicting definitions provided in multiple incorporated-by-reference patents, should be reviewed for clear error as required by Teva.”
  2. “Where an inventor, acting as his own lexicographer, defined a claim term to have multiple conflicting meanings, may this Court, notwithstanding Phillips, Modine, and X2Y Attenuators, construe that term differently from the inventor’s own definitions?”

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