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Judge Robinson finds preamble limiting in claim construction decision

In Sony Corporation v. Pace PLC, et al., C.A. No. 15-288-SLR (D. Del. Oct. 24, 2016), Judge Sue L. Robinson issued a claim construction order in which Her Honor concluded that one preamble of an asserted claim was limiting.   The preamble recited: “[a]n information reproducing device for reproducing an information recording medium in which audio data of plural channels are multiplexedly recorded, the information reproducing device comprising:”.

This preamble explained the purpose of the claimed device, and the “recording medium” was not discussed in the body of the claim. Thus, its presence in the preamble gave was necessary to give meaning to the claim. Id. at 3. The preamble also provided an antecedent basis for terms in the body of the claim. Id. Finally, the Court observed that the parties already agreed that the preamble of another claim in this patent that was similar to the disputed preamble was limiting. Id.

Sony Corporation v. Pace PLC, et al., C.A. No. 15-288-SLR (D. Del. Oct. 24, 2016)

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