CLAIMS SHOULD BE CONSTRUED / THE SAME FOR VALIDITY / AND FOR INFRINGEMENT

Source Search Technologies, LLC, v. Lendingtree, LLC, [2008-1505, -1524] (December 7, 2009) [RADER, Plager, Schall). The Federal Circuit reversed and remanded summary judgment that the asserted claims of U.S. Patent No. 5,758,328 (“’328 patent”) were infringed but invalid on obviousness grounds.
DISCUSSION: The Federal Circuit said that “[i]t is axiomatic that claims are construed the same way for both invalidity and infringement.” Having reversed summary judgment of invalidity, the Federal Ciruit also reversed the summary judgment of infringement.