Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1245

Proposed Jury Instructions by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Appendix A, # 4 Appendix B, # 5 Appendix C, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K)(McKool, Mike)

APPENDIX C

APPENDIX C1
Glossary of Patent Terms

TERMS

DEFINITION

Application

The initial papers filed by the applicant in the United States
Patent and Trademark Office (also called the “Patent Office”
or “PTO”).

Claims

Claims are the numbered sentences appearing at the end of
the patent that define the invention. The words of the claims
define the scope of the patent owner’s exclusive rights
during the life of the patent. Claims can be independent or
dependent. An independent claim is self-contained. A
dependent claim refers back to an earlier claim and includes
the requirements of the earlier claim.

Comprising

The beginning, or preamble, portion of each of the asserted
independent claims uses the word “comprising.”
“Comprising” means “including” or “containing.” If the
accused system includes all of the requirements of the claim
following “comprising,” the claim is infringed. This is true
even if the accused system includes components in addition
to those requirements. For example, a claim to a table
comprising a tabletop, legs and glue would be infringed by a
table that includes a tabletop, legs and glue, even if the table
also includes wheels on the table’s legs. A table that
includes only a tabletop, legs and screws, but no glue, would
not infringe the claim.

License

Permission to use or make the patented invention, which
may be granted by a patent owner (or a prior licensee) in
exchange for a fee oftentimes called a “royalty” or other
consideration.

Office Action

Communication from the patent examiner regarding the
patent application.

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Adapted from Cheetah Omni, LLC v. Verizon Services Corp., et al., No. 6:09-CV-260 (E.D.
Tex. March 2011) (Dkt. No. 437).
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TERMS

DEFINITION

Ordinary Skill in the Art

The level of experience, education and/or training that those
individuals who work in the area of the invention ordinarily
possessed.

Patent Examiners

Personnel employed by the PTO who review (examine)
patent applications to determine whether the claims of a
patent application are patentable over the prior art
considered by the examiner and whether the disclosure
adequately describes the invention.

Patent Owner

The patent owner may be the original applicant inventor or
any assignee who has acquired the patent by an assignment.

Prior Art

Prior art is not art as one might generally understand the
word art. Rather, prior art is a technical term relating to
patents. In general, it include things that existed before the
claimed invention was invented and might typically be a
patent or a printed publication.

Prosecution/File History

The written record of proceedings in the United States
Patent and Trademark Office between the applicant and the
PTO. It includes the original patent application and later
communications between the PTO and the applicant. The
prosecution history may also be referred to as the “file
history” or “file wrapper.”

References

Prior art patents and publications used to determine
patentability of the patent.

Specification

The specification is the information, which appears in the
patent and concludes with one or more claims. The
specification includes written text, the claims and the
drawings. In the specification, the inventor sets forth a
description telling what the invention is, how it works, and
how to make and use it. The specification must describe the
invention in sufficient detail to enable others skilled in the
art to practice the invention and must describe what the
inventor believed at the time of filing to be the best way of
making his or her invention.

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