Cuts and squibs from Markman rulings are now the chosen means to fill in the slow-newsday gaps between posts. If ten judges can define ten terms of art in a fortnight, then would five persons of ordinary skill in the relevant art take as long.
An “item” as “used in this context would not include, for example, ‘cups of coffee’ which cannot be rented, but could include ‘bowling shoes’ which can be rented to customers.”
The term “movie” as “used in the patents, was intended to include media such as documentaries, television series, cartoons, music videos, concert performance films, and instructional and educational programs.” [quare: star vehicles; boy-meets-girl; westerns?].
Netflix, Inc. v. Blockbuster, Inc., (N.D. Cal. 2/20/2007).
A court’s claim “construction need not be ‘extra right’ to avoid being wrong.”
SanDisk Corp. v. Memorex Products, Inc., (N.D. Cal. 2/21/2007).