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Sua Sponte Claim Construction


Olaf Sööt Design, LLC v. Daktronics, Inc. (Fed. Cir. 2021)

Sööt’s patent covers a winch system used for main theatre productions.  A jury discovered Daktronics Vortek product infringed under the doctrine of equivalents and awarded $1 million in damages.

On appeal, the Federal Circuit reversed, holding that “Under the proper construction, the Vortek product does not infringe claim 27 either literally or under the doctrine of equivalents.”

The drawback with this choice is that neither social gathering appealed declare development.  Rather, the adjudged infringer appealed on infringement.  Sööt petitioned for rehearing on the problem of waiver, however that quest has now additionally been denied.

Whether waiver prevents a problem to assert development on appeal sua sponte what place a celebration’s waiver relies on the  act that the unique declare development was (i) sponsored by the social gathering throughout Markman, (ii) accepted by the district court docket, and utilized by the jury in reaching its verdict; and (iii) not challenged on  appeal by both social gathering. If not, what situations should exist to beat such waiver on declare development.


This case comes simply in time to see my new 6 second video explainer on the 2 methods to argue patent infringement:


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