Court Construes Claim Term “and” to Mean “and/or”

January 13, 2015 – The District of Colorado affirmed and adopted Magistrate Judge Boland’s recommendation to construe the claim term “and” to mean “and/or”.  The Court reasoned that the patentee, as its own lexicographer, “explicitly enunciated [the phrase] in his specification.”  The patent-at-issue is U.S. Patent No. 6,800,062 titled, “Comprehensive Vertigo Management.”  The case is captioned Brain Synergy Institute, LLC v. Ultrathera Technologies, Inc., 13-cv-01471-CMA-BNB.

By:  Christopher J. Stankus

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