We won the rehearing.
patents.com
My quick reading is the FACF did not change any rulings on rehearing. We still won all 5 issues. The CAFC did reconsider some
waiver issues, but they held EDTA did not waive anything relevant to EDTA winning the appeal.
From the opinion:
"We hold that the district court erred in at least one aspect of its construction of each of the five claim limitations upon which the
judgment of noninfringement
was based."
"We agree with IGE’s position that a home is not precluded from being a point of sale location. "
"Accordingly, we construe a material object to be a tangible medium or device in which information can be embodied, fixed, or
stored, other than
temporarily, and from which the information embodied therein can be perceived, reproduced, used or otherwise communicated,
either directly or with the
aid of another machine or device. "
"Accordingly, we hold that an IMM must contain one or more components for performing at least the functions of: (1) storing
information to be reproduced;
(2) receiving a request reproduction code; (3) transmitting a request reproduction code to a device remotely located from the
IMM; (4) receiving an
authorization code from the device remotely located from the IMM; and (5) reproducing the requested information in a material
object in response to
receiving the authorization code. An IMM need not contain the four separate and distinct components of the preferred
embodiment."
"Accordingly, we hold that: (1) an authorization code must authorize copying but need not provide decoding information; (2) the
term “authorization code” is
not to be construed to require that it include an IMM code or that it be transmitted electronically; and (3) an authorization code is
separate and distinct from a
request reproduction code."
"Accordingly,
we hold that claim 1 is not limited to embodiments that pre-store or pre-deliver the information to the IMM, but that it covers
real-time transactions in which
the requested item of information is transmitted to the IMM at or prior to the time it is requested by the consumer." |
