In Unwired Planet, LLC v. Apple Inc., Appeal No. 2015-1725, the Federal Circuit reversed a district court’s claim construction, finding that the district court erred in finding that the patent specification contained a clear and unmistakable disclaimer.
The district court based its claim construction of the “voice input” term on an alleged disclaimer in the Summary section of the specification. The Summary section began with the phrase “the present invention” and the next sentence recited a “voice channel,” which the district court read into its claim construction for “voice input.” Unwired Planet appealed.
On appeal, the Federal Circuit declined to find a disclaimer, explaining that the phrase “the present invention” was not clearly and unmistakably linked to a particular feature and claim differentiation supported a conclusion that the feature was not always part of the invention. The Federal Circuit therefore vacated a grant of summary judgment of non-infringement premised on the erroneous claim construction.