Salazar v. AT&T Mobility LLC, No. 21-2320 (Fed. Cir. 2023)
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Salazar’s patent describes technology for wireless and wired communications, including command, control, and sensing for two-way communication of sound, voice, and data “with any appliance and/or apparatus capable of transmitting and/or receiving compatible sound, voice, and data signals.” ’The patent expired in 2015. In a subsequent suit, a jury found HTC did not infringe the patent but did not decide whether the patent was valid. Salazar later sued AT&T, asserting the patent against the same products he previously challenged. HTC intervened.
At claim construction, the court held that the claims require one microprocessor that is capable of performing the "recited ‘generating,’ ‘creating,’ ‘retrieving,’ and ‘generating’ functions,” explaining that the claim term provided certain functions that the “said microprocessor” must be “necessarily configured to perform as well as the structural relationship between ‘said microprocessor’ and other structural elements.” The court denied AT&T’s motion for summary judgment, based on claim preclusion and Supreme Court precedent, which prevents harassment of customers of an adjudged noninfringer. The jury found that the accused products did not infringe and that the patent was not invalid. The Federal Circuit affirmed the judgment of noninfringement, agreeing with the claim construction, did not reach AT&T’s preclusion arguments, and held that AT&T waived its challenge concerning anticipation.
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