Intellectual Property News and Reports

Genuine Enabling Technology LLC sued Nintendo Co., Ltd. and Nintendo of America, Inc. accusing five products of infringing certain claims of U.S. Patent No. 6,219,730. The U.S. District Court for the Western District of Washington construed the term “input signal,” which appears in all the asserted claims, consistent with the defendants’ proposed construction, and on that basis granted summary judgment of non-infringement in favor of the defendants. Genuine appeals, arguing that the district court erred in construing the limitation by improperly relying on extrinsic evidence and by improperly finding that the inventor, Mr. Nguyen, disclaimed certain claim scope during prosecution. We conclude that the district court erred in its construction of “input signal” and construe the term to mean “a signal having an audio or higher frequency.” Accordingly, we reverse the district court’s grant of summary judgment and remand for further proceedings consistent with this opinion.

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