CardSoft, LLC v. VeriFone, Inc., No. 14-1135 (Fed. Cir. 2015)
Annotate this CaseIn CardSoft v. VeriFone, Inc., the Federal Circuit reversed the district court’s decision in favor of CardSoft. The district court adopted CardSoft’s proposed construction for the claim term “vertical machine." Applying the district court’s construction, a jury determined that certain VeriFone devices infringed claim 11 of the 6,934,945 patent and claim 1 of the 7,302,683 patent. The federal circuit concluded that the district court erred in its construction of “vertical machine” and that CardSoft waived any argument of infringement under the correct construction. The Supreme Court vacated and remanded the CardSoft decision, determining that the Federal Circuit must review a district court’s ultimate interpretation of a claim term as well as its interpretations of “evidence intrinsic to the patent” de novo and its subsidiary factual findings about extrinsic evidence for clear error. The Federal Circuit again reversed the district court’s construction of the term “virtual machine,” holding (1) the district court’s construction is entitled to de novo review because the case does not involve the factual findings to which the Court owes deference under Teva; and (2) the district court erred by failing to give “virtual machine” its ordinary and customary meaning, and CardSoft waived any argument of infringement under the correct construction.
This opinion or order relates to an opinion or order originally issued on October 17, 2014.
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