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Judge Stark considers claim terms previously construed in prior litigation

In a series of related actions brought by United Access Technologies, Chief Judge Leonard P. Stark issued a claim construction opinion in which the Court also considered Defendants’ motion to strike certain proposed constructions as barred by collateral estoppel. E.g., United Access Technologies, LLC v. Centurytel Broadband Services, LLC, et al., C.A. No. 11-339-LPS (D. Del. Nov. 4, 2016). Defendants argued that Plaintiff was collaterally estopped from re-litigating certain constructions, including arguing that the preambles of the asserted claims were not limiting, based on Magistrate Judge Thynge’s ruling in a prior case brought by Plaintiff’s predecessor-in-interest that had construed several of the same claim terms now at issue. Id. at 5. But “[i]n order to fully consider Defendants’ Motion and other arguments relating to estoppel, the Court found it necessary to review in their entirety all of Plaintiff’s arguments regarding the disputed terms. After doing so, the Court determined that none of these arguments provided a persuasive reason for the Court to depart from Judge Thynge’s claim constructions.” Id. As a result, the Court denied the motion to strike as moot and proceeded with claim construction of each disputed term. Id.

E.g., United Access Technologies, LLC v. Centurytel Broadband Services, LLC, et al., C.A. No. 11-339-LPS (D. Del. Nov. 4, 2016)

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