Gwee's appeals here are moot in light of that decision. Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1361 (Fed. Cir. 2019).
See Already, LLC v. Nike, Inc., 568 U.S. 85, 91 (2013) ("A case becomes moot-and therefore no longer a Case or Controversy for purposes of Article III-when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome." (cleaned up)); see also ArcelorMittal v. AK Steel Corp., 856 F.3d 1365, 1370 (Fed. Cir. 2017); Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1361 (Fed. Cir. 2019); Lone Star Silicon Innovations, LLC v. Nanya Tech. Corp., 810 Fed.Appx. 878, 879 (Fed. Cir. 2020) (nonprecedential).
The "specification includes both the written description and the claims of the patent." Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1362 (Fed. Cir. 2019) (internal quotation marks and citation omitted). "A patent's specification, together with its prosecution history, constitutes intrinsic evidence to which the PTAB gives priority when it construes claims."
The "specification includes both the written description and the claims of the patent." Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1362 (Fed. Cir. 2019) (internal quotation marks and citation omitted). A patent's prosecution history "consists of the complete record of the proceedings before the [US]PTO," providing "evidence of how the [US]PTO and the inventor understood the patent."
Thus, this appeal is moot in light of that decision. Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1361 (Fed. Cir. 2019). IT IS ORDERED THAT:
The "specification includes both the written description and the claims of the patent." Cisco Sys., Inc. v. TQ Delta, LLC , 928 F.3d 1359, 1362 (Fed. Cir. 2019) (internal quotation marks and citation omitted). A patent’s prosecution history "consists of the complete record of the proceedings before the [U.S. Patent and Trademark Office (‘USPTO’) ]," providing "evidence of how the [US]PTO and the inventor understood the patent."
The specification " 'includes both the written description and the claims' of the patent." Cisco Sys. v. TQ Delta, LLC, 928 F.3d 1359, 1362 (Fed. Cir. 2019) (quoting In re Packard, 751 F.3d 1307, 1320 n.11 (Fed. Cir. 2014)). Dkt. # 27-2 at 3. Figure 1 "is a block diagram which illustrates the general organization and main components of an embodiment of a time-shifted web conferencing system."
Phil-Insul Corp. v. Airlite Plastics Co., 854 F.3d 1344, 1359 (Fed. Cir. 2017). Second, the “specification” includes both the written description and the claims of the patent. Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1362 (Fed. Cir. 2019). Because a patent is a fully integrated instrument that consists principally of a specification that concludes with the claims, the claims must be read in view of the specification.
It follows that while claims must be read in light of the specification, “it is improper to read a limitation from the specification into the claims.” Liebel-Flarsheim Co. v. Medrad, Inc., 358 F.3d 898, 904 (Fed. Cir. 2004); accord Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1364 (Fed. Cir. 2019). The failure types in Table I need not exactly correspond to the type of failure message recited in Claim 1.
But "it is improper to read limitations from a preferred embodiment described in the specification . . . into the claims absent a clear indication in the intrinsic record that the patentee intended the claims to be so limited." Cisco Sys., Inc. v. TQ Delta, LLC, 928 F.3d 1359, 1364 (Fed. Cir. 2019) (quoting Leibel-Flarsheim Co. v. Medrad, Inc., 358 F.3d 898, 913 (Fed. Cir. 2004)). Because the drawings typically describe a preferred embodiment, they do not by themselves trump other intrinsic evidence.