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Judge Robinson: Memorandum Order Clarifying Previous Claim Construction

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In Oracle Corp. v. Parallel Networks, LLP, Civ. No. 06-414-SLR (D. Del. May 6, 2011), Judge Robinson issued a memorandum order that clarified the court’s construction of “dispatching said request to said page server[.]”
The court originally construed the language to mean “[a]nalyzing a request to make an informed selection of which page server should process the request based on a variety of information (both static and dynamic).” Id. at 1. But the parties questioned whether dispatching could be “based on static information, dynamic information, or both.” Id. Noting that the court’s original construction was “internally inconsistent[,]” the court clarified its construction to allow the claim to be satisfied by “[e]ither a variety of dynamic information about a page server or a variety of both static and dynamic information about a page server[.]” Id. at 2. The court also noted that both its original and clarified constructions excluded dispatchers that dispatch requests based on static information alone. Id. at 2-3.


Oracle Corp. v. Parallel Networks, LLP, Civ. No. 06-414-SLR (D. Del. May 6, 2011)

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