Judge Sleet Orders Parties to Clarify Claim Construction Terms in Dispute
November 13, 2017
Publication| Intellectual Property
In F’Real Foods LLC v. Hamilton Beach Brands, Inc., C.A. No. 16-41-GMS (D. Del. Oct. 6, 2017), Judge Sleet ordered the parties to file a revised joint claim construction chart containing the final 15 claim terms they intend to argue at the Markman hearing. The parties’ original claim construction chart indicated that 20 terms were in dispute, but their opening claim construction briefs, according to the Court, did not address all terms in that chart and included duplicative argument. As a result, Judge Sleet questioned which terms remained in dispute, prompting this request.
Key Point: Judge Sleet noted that he would not hear argument at the Markman hearing on more than 15 claim terms.