Digest of Walker Digital v. Microsoft Corp., No. 2013-1584 (Fed. Cir. Nov. 6, 2014) (nonprecedential). On appeal from D. Del. Before Lourie, Dyk, and Wallach.

Procedural Posture: Plaintiff-appellant Walker Digital appealed a stipulated judgment of noninfringement based on the district court’s alleged error in claim construction. The Federal Circuit agreed that the construction was in error but found that defendants-appellees Microsoft and Google did not infringe under the modified claim construction, and thus affirmed the judgment of noninfringement.

  • Claim Construction: The district court improperly limited the claim term “auction” to auctions containing a single sale, because the patent and prosecution history did not require changing the ordinary and customary meaning of the term. However, even under the correct construction, “a public or private sale in which goods or services of a seller may be sold to a bidder through a bidding process,” neither defendant infringed.