Attorney have a Duty Not Only to Zealously Advocate, but also to Aid the Court in the Fair and Efficient Administration of Justice

LSI Industries, Inc., v. Imagepoint, Inc., [2007-1292, -1293, -1294, -1295] (March 19, 2008) [LINN, Rader, Wolle]. NON-PRECEDENTIAL The Federal Circuit reversed summary judgment of non-infringement because of errors in claim construction.
BRIEF: The Federal Circuit began with a criticism of defendant's counsel, complaining "The record reveals that counsel made little effort to simplify the case, but instead presented the district court with a firestorm of issues and arguments, fueled by the voluminous reexamination record and an aggressive use of statements in that record to support multiple contentions that subject matter was disavowed." The Federal Circuit noted that while counsel was successful in persuading the district court to adopt constructions for each of the disputed terms that, in most instances, inappropriately imported limitations from the specifications and prosecution histories into the claims, the victory was short-lived, however, and warranted reemphasizing that an attorney has a duty not only to zealously advocate on behalf of his client, but also to aid the court in the fair and efficient administration of justice. The Federal Circuit went on to reverse the claim construction of several elements because the construction improperly imported limitations from the specification or general arguments made by the applicant, and remanded the case.