Digest of Openwave Systems, Inc. v. Apple Inc.No. 2015-1108 (Fed. Cir. Dec. 15, 2015) (precedential).  On appeal from D. Del.  Before Moore, O’Malley, and Chen.

Procedural Posture: The district court entered final judgment of non-infringement as to all asserted patent claims in favor of Defendants. CAFC affirmed.

  • Claim Construction: The district court did not err in refusing to apply the “ordinary meaning” of “mobile device” and instead finding that “mobile device” is “a portable wireless two-way communication device that does not contain a computer module” and, finding disavowal of claim scope through disparagement of the prior art in the specification, that “this construction does not read out embodiments including microcontrollers.”