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The Federal Circuit affirmed the district court’s construction for the claim term “mobile device” to exclude devices that contain “computer modules.”  Although the specification describes an embodiment in which the mobile device does not employ a computer module and although this single reference will not lead to a disavowal of claim scope, the remainder of the specification is “rife with remarks that disparage, and, therefore, disclaim mobile devices that incorporate computer modules.”  Thus, despite the high bar to finding disavowal of claim scope through disparagement, the repeated disparagement in the specification of mobile devices having computer modules leads to the conclusion that there is a disavowal of claim scope in this case thereby limiting the term “mobile devices” to those that do not have a computer module.  

Openwave Systems, Inc. v. Apple Inc., Case No. 2015-1108 (December 15, 2015); Opinion by: O’Malley, joined by Moore and Chen; Appealed From: United States District Court for the District of Delaware, Andrews, J.  Read the full opinion here.

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