Digest of Datatern, Inc. v. Epicor Software Corp., No. 2013-1251, -1252 (Fed. Cir. Dec. 19, 2014) (non-precedential). On appeal from D. Mass. Before Lourie, Moore, and Chen.

Procedural Posture: Patent owner appealed the district court’s entry of summary judgment of no infringement. CAFC vacated and remanded.

  • Claim Construction: The district court construed “to create at least one interface object” to mean “to generate code for at least one class and instantiate an object from that class.” The CAFC found that the district court erred in construing the term to require generation of code and held that the plain language and the context of the patent support the construction that “to create at least one interface object” is “to instantiate at least one interface object from a class.” The CAFC noted that the plain meaning of “to create” is “to make” and that the parties agree that the term for making interface objects is “instantiation.” The CAFC pointed out that the claim language at issue does not limit the manner or timing in which the class comes into existence, and the specification specifically discloses a method for creating an interface object without generating code for a class.