Customary Meaning Refers to Customary Meaning in the Art

Collegent v. ApplyYourself (Fed. Cir. 2005).

In one of the first claim construction cases following the landmark Phillips v. AWH case, the CAFC has reversed a district court’s construction of the phrase "a format specified by the institution."  In its decision, the panel cited Phillips for the proposition that the lower court had improperly given the term an overly broad customary meaning.  Id. ("‘customary meaning’ refers to the ‘customary meaning in [the] art field’").

NOTE: This week I have been on vacation at our family ranch in Kansas and blogging through my TREO.  Sorry for the typos.

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