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USA - July 23 2012
In Thorner v. Sony Computer Entertainment America, LLC, 669 F.3d 1362 (Fed. Cir. 2012) (Moore, Rader & Aiken (D. Or. sitting by designation)), the Federal Circuit explained that, under Phillips, a claim term is given its ordinary and customary meaning as understood by a person of ordinary skill in the art except under one of the following two circumstances: (1) the patentee acted as his own lexicographer and clearly demonstrated his intent to redefine the term; or (2) the patentee clearly disavowed the scope of the claim either in the specification or during prosecution.
