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Magistrate Judge Mary Pat Thynge: Markman Order

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Magistrate Judge Mary Pat Thynge issued a claim construction order in the Innovative Patents, L.L.C. v. Brain-Pad, Inc. matter which involves a patent for an apparatus that enhances absorption and dissipation of impact forces for sweatbands (U.S. Patent No. 7,234,174). C.A. No. 07-680-MPT, Memorandum Order (D. Del. Jan. 13, 2010). The following claims were construed consistent with Phillips v. AWH Corp.:

– “sweatband”
– “relatively thin in nature”
– “curved in configuration”
– “intended area”
– “consistent memory”
– “semi-rigid”
– “apertures”
Of interest, for each claim term, the Court declined to adopt the parties’ proposed construction and instead adopted its own meaning.

Innovative Patents, L.L.C. v. Brain-Pad, Inc., C.A. No. 07-680-MPT, Memorandum Order (D. Del. Jan. 13, 2010).

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