Genuine Enabling Technology LLC v. Nintendo Co., Ltd., No. 20-2167 (Fed. Cir. 2022)
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Genuine Enabling’s patent, titled “Method and Apparatus for Producing a Combined Data Stream and Recovering Therefrom the Respective User Input Stream and at Least One Additional Input Signal,” discloses the technology for combining data streams that the inventor, Nguyen, conceived when developing a “voice mouse” that conserved computer resources. Genuine sued Nintendo, accusing infringement by the Wii Remote and Wii Remote Plus, the Nunchuk, the WiiU GamePad, the Switch Joy-Con Controller, and the Nintendo Switch Pro Controller..The district court construed the term “input signal,” which appears in all the asserted claims, consistent with the defendants’ proposed construction, and granted the defendants summary judgment of noninfringement.
The Federal Circuit reversed. The district court erred in its construction of “input signal.” The Federal Circuit construed the term to mean “a signal having an audio or higher frequency.” Nguyen disclaimed subject matter other than signals below the audio frequency spectrum during prosecution, and the district court further erred in relying on extrinsic evidence to limit the claim scope to signals above 500 Hz.
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