Raymond Millien & Erin Martin

The U.S. District Court for the District of Kansas construed the word “or” in clause (e) of Claim 1 to mean “a choice between either one of two alternatives, but not both.” This claim construction was significant because the accused device performed an analysis of both the strongest and fastest signals (i.e., a user could not select between a magnitude or frequency mode). Therefore, because the accused device always performed both options, the court held that it did not infringe the ‘246 patent.