Federal Circuit Affirms Claims Construction in Patriot Scientific v. ARM case

The Federal Circuit, in Technology Properties Ltd. v. ARM Ltd., 2008- 1020, without issuing an opinion, upheld May 9 a finding that ARM doesn't infringe Patriot Scientific's patent. Patriot Scientific's Technology Properties unit (TPL) sued electronics companies including Matsushita Electric Industrial Co., Toshiba Corp. and Fujitsu Ltd. in Marshall in 2005 over several patents in Technology Properties Ltd. v. Fujitsu Ltd., 2:05cv494.  TPL eventually settled with the defendants other than ARM, but it had previously stipulated to noninfringement as to ARM based on Judge Ward's claims construction ruling, and appealed that ruling.  ARM lawyer Kevin Anderson of Wiley Rein in Washington argued the case before the appeals court last week, and told Bloomberg Media that "[t]his is the first time they've litigated their patents to finality and they lost.''  Congratulations to Kevin and James Wallace of Wiley Rein, both of whom I was fortunate to work with in the underlying case as local counsel for ARM.