Lava Trading v. Sonic Trading Management (Fed. Cir. 2006, 05–1177)
In today's case of Lava Trading, the CAFC again found that knowledge of the accused product is import for providing "a proper context for an accurate claim construction. . . . Without the vital contextual knowledge of the accused products or processes, this appeal takes on the attributes of something akin to an advisory opinion on the [patent] scope. "
This decision falls in line with the recent Wilson Sporting Goods case that held “while a claim is not to be construed in light of the accused device, in an infringement case, it must inevitably be construed in context of the accused device.”
