ALTERWAN, INC. v. AMAZON.COM, INC.
District Court
Holding
The Federal Circuit affirmed the district court's claim constructions, holding that "cooperating service provider" means a service provider that agrees to provide non-blocking bandwidth and that "non-blocking bandwidth" means bandwidth always available and sufficient while the network can transmit data. Because those constructions supported the stipulated noninfringement judgment, the court did not reach the damages-expert exclusion.
Why It Matters
The decision underscores that prosecution history and a specification’s repeated focus on the asserted inventive feature can narrow a later-added claim term even where the exact term does not appear in the specification.
Full Summary
Key Points
- The asserted claims recited "cooperating service provider," a term added during prosecution and not used in the specification.
- The majority relied on the intrinsic record, including prosecution statements distinguishing prior art and the specification’s emphasis on special providers supplying non-blocking bandwidth, to reject AlterWAN’s broader plain-meaning construction.
- On remand, the district court revised "non-blocking bandwidth" to avoid requiring performance when transmission is impossible; the Federal Circuit found no clear error in the subsidiary fact findings supporting that construction.
- The affirmed constructions led to a stipulated noninfringement judgment, so the panel did not address AlterWAN’s challenge to exclusion of its damages expert.
- Judge Subramanian dissented, arguing that the majority improperly imported "non-blocking bandwidth" into "cooperating service provider" and gave insufficient weight to the claim language.
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