Auction Management Solutions, Inc. v. Adesa, Inc., No. 1:05-cv-00638 (N.D. Ga., Sept. 11, 2007) (Story, J.)
Judge Story construed the claims of two patents relating to remote bidding systems that allow users to interactively participate in live auctions. Of particular note, the Court found a preamble term to be a claim limitation because the patentee “clearly and repeatedly” relied upon the preamble during prosecution to distinguish prior art references. Also of interest, the Court adopted its own definition of several claim terms after finding that, in light of the claim language and specification, neither party’s proposed construction was appropriate. In addition, the Court addressed such issues as prosecution disclaimer, the proper construction of means plus function limitations, whether the patentee acted as his own lexicographer and provided a explicit definitions for certain claim terms, and whether a claim term was so “insolubly ambiguous” as to be rendered indefinite.
Judge Story construed the claims of two patents relating to remote bidding systems that allow users to interactively participate in live auctions. Of particular note, the Court found a preamble term to be a claim limitation because the patentee “clearly and repeatedly” relied upon the preamble during prosecution to distinguish prior art references. Also of interest, the Court adopted its own definition of several claim terms after finding that, in light of the claim language and specification, neither party’s proposed construction was appropriate. In addition, the Court addressed such issues as prosecution disclaimer, the proper construction of means plus function limitations, whether the patentee acted as his own lexicographer and provided a explicit definitions for certain claim terms, and whether a claim term was so “insolubly ambiguous” as to be rendered indefinite.
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