The patent specification is the single best guide to the meaning of a disputed term and may define terms by implication.
In a patent infringement dispute regarding a reflow soldering method, the court addresses whether the term 'solder reflow temperature' should be construed as the liquidus temperature or the peak reflow temperature. Although the district court relied on expert testimony and extrinsic evidence to adopt the liquidus temperature definition, the court holds that the patent specification acts as a dictionary that expressly defines terms by implication. Because the specification clearly distinguished between liquidus and peak reflow temperatures, the intrinsic evidence dictates the meaning. The court concludes that extrinsic evidence is improper when the public record unambiguously describes the scope of the invention, and it reverses the judgment of non-infringement.
At page 1582 Determining claim scope using intrinsic evidence1,761 citing cases“is always highly relevant to the claim construction analysis . . . as it is the single best guide to the meaning of a disputed term.”
- Emissive Energy Corp. v. Olight Store USA, Inc., No. 2:24-cv-06214 (D.N.J. Mar. 16, 2026).unpublished Phillips, 415 F.3d at 1323; Oatey Co. v. IPS Corp., 514 F.3d 1271, 1276 (Fed. Cir. 2008); Vitronics Corp., 90 F.3d at 1583 (“Such an interpretation is rarely, if ever, correct and would require highly persuasive evidentiary support.”).
- Tree Def., LLC v. Mike Hurst Citrus Serv., Inc., No. 8:24-cv-02520 (M.D. Fla. Feb. 11, 2026). (The specification acts as a dictionary . . . when it defines terms by implication.)
- Rally AG LLC v. Apple, Inc., No. 1:23-cv-01106 (D. Del. Oct. 27, 2025). (In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence)
- Oterra A/S v. Wild Flavors, Inc., No. 1:23-cv-01376 (D. Del. Sept. 5, 2025). (In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence)
- Power Density Solutions, LLC v. Google LLC, No. 3:24-cv-02122 (S.D. Cal. Aug. 18, 2025).([W]e 13 look to the words of the claims themselves, both asserted and nonasserted, to define the 14 scope of the patented invention.)
- Plastipak Packaging, Inc. v. Nestle Waters North Am., Inc., No. 1:20-cv-01288 (E.D. Va. June 27, 2025). See Vitronics Corp., 90 F.3d at 1583 (“In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term.
- Schuyleman v. Barnhart Crane & Rigging Co, No. 2:23-cv-00562 (W.D. Wash. May 15, 2025). (The language of the asserted claims is “always read in view of 5 the written description.)
- Epitopix, LLC v. Zoetis Inc., No. 2:23-cv-02467 (D.N.J. Jan. 23, 2025).unpublished (The specification acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication.)
- Puradigm LLC v. DBG Grp. Investments LLC, No. 3:23-cv-00216 (N.D. Tex. Aug. 29, 2024). (Although words in a claim are generally given their ordinary and customary meaning, a patentee may choose to be his own lexicographer and use terms in a manner other than their ordinary meaning, as long as the special…)
- NST Global, LLC, d/b/a SB Tactical v. Sig Sauer Inc., 2024 DNH 067 (D.N.H. 2024).published (First, we look to the words of the claims themselves, both asserted and nonasserted, to define the scope of the patented invention.)
Show 198 more citing cases
- BioNTech SE v. CureVac SE, No. 2:23-cv-00222 (E.D. Va. July 30, 2024). See Vitrionics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1584 (Fed. Cir. 1996) (“Nor may the inventor’s subjective intent as to claim scope, when unexpressed in the patent documents, have any effect.”) (emphasis added).
- Oanda Corp. v. Gain Capital Holdings, Inc., No. 3:20-cv-05784 (D.N.J. June 26, 2024).([W]e look to the words of the claims themselves . . . to define the scope of the patented invention.)
- Finjan LLC v. Palo Alto Networks, Inc., No. 3:14-cv-04908 (N.D. Cal. June 14, 2024).([T]he specification is 8 always highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single 9 best guide to the meaning of a disputed term.)
- 10X Genomics, Inc. v. Parse Biosciences, Inc., No. 1:22-cv-01117 (D. Del. May 3, 2024). Vitronics., 90 F.3d at 1583 (“In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term.
- Network-1 Tech., Inc. v. Google, L.L.C., No. 1:14-cv-02396 (S.D.N.Y. Apr. 26, 2024).([T]he specification is always highly relevant to the claim construction analysis. Usually, it is dispositive.)
- Medline Indus., LP v. C.R. Bard, Inc., No. 1:16-cv-03529 (N.D. Ill. Mar. 31, 2024). ([T]he specification is always highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single best guide to the meaning of a disputed term.)
- Sharkninja Operating LLC v. Irobot Corp., No. 23-1151 (Fed. Cir. Mar. 15, 2024).unpublished ([W]e look to the words of the claims themselves . . . to define the scope of the patented invention.)
- Jbs Hair, Inc. v. Beauty Essense, Inc., No. 2:22-cv-01769 (D.N.J. Jan. 18, 2024).unpublished(it is always necessary to review the specification to determine whether the inventor has used any terms in a manner inconsistent with their ordinary meaning.)
- JBS Hair, Inc. v. Hair Zone, Inc., No. 2:22-cv-01577 (D.N.J. Jan. 18, 2024).unpublished(it is always necessary to review the specification to determine whether the inventor has used any terms in a manner inconsistent with their ordinary meaning.)
- JBS Hair, Inc. v. SLI Prod. IW Corp., No. 2:22-cv-01576 (D.N.J. Jan. 18, 2024).unpublished(it is always necessary to review the specification to determine whether the inventor has used any terms in a manner inconsistent with their ordinary meaning.)
- Top Brand LLC v. Cozy Comfort Co., LLC, No. 2:21-cv-00597 (D. Ariz. Aug. 25, 2023).([T]he specification is always 7 highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single 8 best guide to the meaning of a disputed term.)
- Sci. Applications & Rsch. Assocs. (SARA), Inc. v. Zipline Int'l, Inc., No. 3:22-cv-04480 (N.D. Cal. July 14, 2023).([T]he specification is always 18 highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single best 19 guide to the meaning of a disputed term.)
- NXP USA Inc v. Impinj Inc, No. 2:20-cv-01503 (W.D. Wash. May 19, 2023).([W]e look to the 3 words of the claims themselves . . . to define the scope of the patented invention.)
- Bluecatbio Ma Inc. v. Yantai Ausbio Labs. Co., Ltd., No. 22-1450 (Fed. Cir. Apr. 12, 2023).unpublished([W]e look to the words of the claims themselves . . . to define the scope of the patented invention.)
- Provisur Tech., Inc. v. Weber, Inc., No. 5:21-cv-06113 (W.D. Mo. Apr. 11, 2023).(The specification contains a written description of the invention which must be clear and complete enough to enable those of ordinary skill in the art to make and use it. Thus, the specification is always highly releva…)
- Jazz Pharm., Inc. v. Avadel Cns Pharm., LLC, 60 F.4th 1373 (Fed. Cir. 2023).published([W]e look to the words of the claims Case: 23-1186 Document: 59 Page: 10 Filed: 02/24/2023 themselves . . . to define the scope of the patented invention.)
- Concrete Support Sys., LLC v. Bond Formwork Sys., LLC, No. 1:20-cv-01150 (W.D. Tex. Nov. 2, 2022). ([W]e look to the words of the claims themselves . . . to define the scope of the patented invention)
- Ioengine, LLC v. Roku Inc., No. 6:21-cv-01296 (W.D. Tex. Oct. 17, 2022). (First, we look to the words of the claims themselves, both asserted and nonasserted, to define the scope of the patented invention…Thus, second, it is always necessary to review the specification to determine whether t…)
- Wilson v. Corning, Inc., No. 0:13-cv-00210 (D. Minn. Sept. 16, 2022). (First, we look to the words of the claims themselves, both asserted and nonasserted, to define the scope of the patented invention.)
- MyClerk LLC v. Impinj Inc, No. 2:21-cv-00049 (W.D. Wash. Aug. 19, 2022). (It is well-settled that, in interpreting 22 an asserted claim, the court should look first to the intrinsic evidence of record . . . .)
- Zak v. Facebook, Inc., No. 4:15-cv-13437 (E.D. Mich. Aug. 16, 2022).(The specification acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication.)
- Corning Inc. v. Wilson Wolf Mfg. Corp., No. 0:20-cv-00700 (D. Minn. May 27, 2022). (First, we look to the words of the claims themselves, both asserted and nonasserted, to define the scope of the patented invention.)
- Electrolysis Prevention Solutions LLC v. Daimler Truck North Am. LLC, No. 3:21-cv-00171 (W.D.N.C. May 4, 2022). ([T]he specification is always highly relevant . . . . Usually, it is dispositive; it is the single best guide to the meaning of a disputed term.)
- Janssen Prods., L.P. v. Evenus Pharm. Labs. Inc., No. 3:20-cv-09369 (D.N.J. Apr. 7, 2022).unpublished([W]e look to the words of the claims themselves . . . to define the scope of the patented invention.)
- Aragon Pharm., Inc. v. Eugia Pharma Specialities Ltd., No. 2:22-cv-03186 (D.N.J. Aug. 9, 2023).unpublished
- Shamoon v. Resideo Tech., Inc., No. 21-1813 (Fed. Cir. Aug. 8, 2023).unpublished
- Bot M8 LLC v. Sony Interactive Ent. LLC, No. 22-1569 (Fed. Cir. Aug. 30, 2023).unpublished
- Actelion Pharm. Ltd v. Mylan Pharm. Inc., 85 F.4th 1167 (Fed. Cir. 2023).published
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- Smartrend Mfg. Grp. (Smg), Inc. v. Opti-Luxx Inc., No. 24-1616 (Fed. Cir. Nov. 13, 2025).published
- Videray Tech., Inc. & Tek84, Inc. v. Viken Detection Corp., No. 1:23-cv-13035 (D. Mass. Nov. 19, 2025).
- OptraSCAN, Inc. v. Morphle Labs, Inc., No. 1:24-cv-00649 (D. Del. Nov. 20, 2025).
- Maschio Gaspardo S.p.A. v. Precision Planting, LLC, No. 1:22-cv-01394 (D. Del. Nov. 24, 2025).
- Acerta Pharma B.v., Et Al. v. Cipla Ltd., Et Al.; Acerta Pharma B.v., Et Al. v. Msn Pharm., Inc., Et Al., No. 1:24-cv-00587 (D. Del. Nov. 25, 2025).
- Apple Inc. v. Smart Mobile Tech. LLC, No. 24-1352 (Fed. Cir. Jan. 21, 2026).unpublished
- Buergofol GmbH v. Omega Liner Co., Inc., No. 4:22-cv-04112 (D.S.D. Jan. 20, 2026).
- Advanced Integrated Circuit Process LLC v. United Microelectronics Corp.; Advanced Integrated Circuit Process LLC v. Taiwan Semiconductor Mfg. Co. Ltd., No. 2:24-cv-00730 (E.D. Tex. Jan. 30, 2026).
- Mfg. Resources Int'l, Inc. v. Squires, No. 24-2224 (Fed. Cir. Apr. 7, 2026).unpublished
- 9878866 Canada Inc. v. Intake Breathing Tech., LLC, No. 2025-2443 (D.D.C. Apr. 27, 2026).published
- Centripetal Networks, LLC v. Cisco Sys., Inc., No. 24-2097 (Fed. Cir. Apr. 29, 2026).unpublished
- Yukon Packaging, LLC v. Jones Sustainable Packaging, LLC, No. 5:25-cv-00007 (W.D.N.C. May 8, 2026).
- Universal Elec., Inc. v. Roku, Inc., No. 24-1856 (Fed. Cir. May 13, 2026).unpublished
- OpenSesame, Inc. v. GO1 Pty, Ltd., No. 3:21-cv-01258 (D. Or. May 5, 2026).
- Cerebrum Sensor Tech., Inc. & Tire Stickers LLC v. Revvo Tech., Inc., No. 1:24-cv-00245 (D. Del. May 22, 2026).
- Cold Spring Harbor Lab'y v. Guardant Health, Inc., No. 1:25-cv-00263 (D. Del. May 27, 2026).
- Harbour Antibodies BV, Harbour Antibodies HCAB BV, Erasmus Univ. Med. Ctr. Rotterdam & Dr. Roger Kingdon Craig v. Teneobio, Inc. & Amgen Inc., No. 1:21-cv-01807 (D. Del. June 3, 2026).
- Advanced Accelerator Applications, USA, Inc., & Advanced Accelerator Applications, SA v. Lantheus Med. Imaging, Inc., Lantheus Holdings, Inc.; Advanced Accelerator Applications, USA, Inc., & Advanced Accelerator Applications, SA v. Curium US LLC, Curium US Holdings LLC, Curium Netherlands BV, & Curium Int'l Trading BV, No. 1:24-cv-00095 (D. Del. June 17, 2026).
- ZoomInfo Tech. LLC v. Zenleads Inc., d/b/a Apollo.IO, No. 1:25-cv-00324 (D. Del. June 23, 2026).
- Tait Towers Mfg., LLC v. Wicreations, BVBA, et al., No. 5:24-cv-01720 (E.D. Pa. June 18, 2026).
- Schwendimann, No. 1:19-cv-00361 (D. Del. July 9, 2026).
- Lab Tech. LLC v. Greenlight Fin. Tech., Inc., No. 1:25-cv-01356 (D. Del. July 23, 2026).
- Hayden AI Tech., Inc. v. Safe Fleet Holdings LLC, Safe Fleet Acquisition Corp. & Seon Design (USA) Corp., No. 1:23-cv-03471 (E.D.N.Y Aug. 13, 2026).
- Cogmedia LLC v. Meta Platforms, Inc., No. 1:25-cv-12127 (D. Mass. Aug. 18, 2026).
- ImageSails, LLC v. Precision Sails, No. 5:25-cv-00193 (N.D. Cal. July 30, 2026).
- Biofer S.P.A. v. Vifor (Int'l) Ag., No. 25-1005 (Fed. Cir. Sept. 3, 2026).unpublished
- In re Nexletol/Nexlizet ANDA Litig., No. 2:24-cv-05921 (D.N.J. Sept. 3, 2026).
- Amcor Rigid Packaging USA, LLC v. Graham Packaging Co. Inc. & Graham Packaging Co., L.P., No. 1:24-cv-00790 (D. Del. Sept. 9, 2026).
- Sigma Switches Plus, Inc. v. ABC Mktg., Inc., No. 3:25-cv-00888 (N.D. Ind. Sept. 17, 2026).
- Apalone Inc. v. Schutt Sports LLC & Certor Sports LLC, No. 3:21-cv-03186 (C.D. Ill. Sept. 26, 2026).
- Arbutus Biopharma Corp. v. Moderna, Inc., No. 1:22-cv-00252 (D. Del. Apr. 3, 2024).
- Ravin Crossbows, LLC v. Hunter's Mfg. Co., Inc., No. 5:23-cv-00598 (N.D. Ohio Mar. 1, 2024).
- C&M Oilfield Rentals, LLC v. Ensign US S. Drilling LLC, No. 4:22-cv-00965 (S.D. Tex. Dec. 28, 2023).
- Socket Solutions, LLC v. Imp. Global, LLC, No. 1:23-cv-24517 (S.D. Fla. Sept. 9, 2024).
- In Re: Chromacode Litig., No. 5:23-cv-04823 (N.D. Cal. July 22, 2025).
- Adasa Inc. v. Sml Grp. Ltd., Et Al., No. 4:24-cv-00370 (E.D. Tex. Nov. 13, 2025).
- Trek Armor Inc., d/b/a Bartact, Inc. v. Fca Us LLC, No. 2:23-cv-12894 (E.D. Mich. June 12, 2026).
- Air Lift Co. v. Bag Riders, LLC, No. 1:25-cv-01356 (W.D. Mich. Sept. 3, 2026).
- M2m Solutions LLC v. amazon.com, Inc., No. 22-1122 (Fed. Cir. Feb. 22, 2023).unpublished“[W]e look to the words of the claims themselves . . . to define the scope of the patented invention.”
- Sanho Corp. v. Kaijet Tech. Int'l Ltd., Inc., No. 1:18-cv-05385 (N.D. Ga. Feb. 1, 2022).“A literal patent infringement analysis involves two steps: the proper construction of the asserted claim and a determination as to whether the accused method or product infringes the asserted claim as properly construe…”
- Kustom Signals, Inc. v. Applied Concepts, Inc. & John L. Aker, 264 F.3d 1326 (Fed. Cir. 2001).published“[A] patentee may choose to be his own lexicographer and use terms in a manner other than their ordinary meaning, as long as the special definition of the term is clearly stated in the patent specification or file histo…”
- Uniloc 2017 LLC v. HTC Am. Inc, No. 2:18-cv-01732 (W.D. Wash. Oct. 26, 2020).“we look to the words of the claims themselves . . . to define the scope of the 18 patented invention”
At page 1583 Determining scope of patent claims using intrinsic evidence307 citing casesIn most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence.
- Emissive Energy Corp. v. Olight Store USA, Inc., No. 2:24-cv-06214 (D.N.J. Mar. 16, 2026).unpublished (Such an interpretation is rarely, if ever, correct and would require highly persuasive evidentiary support.)
- Plastipak Packaging, Inc. v. Nestle Waters North Am., Inc., No. 1:20-cv-01288 (E.D. Va. June 27, 2025). (In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence.)
- Mypaq Holdings Ltd. v. Samsung Elec. Co., Ltd., No. 23-2024 (Fed. Cir. Apr. 24, 2025).unpublished (In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence.)
- Epitopix, LLC v. Zoetis Inc., No. 2:23-cv-02467 (D.N.J. Jan. 23, 2025).unpublished It is clear from this language the patentees are talking about types of SRPs, not three molecules of an SRP, as the phrase “three SRPs” corresponds with the three different types of siderophores listed, “enterochelin, aerobactin, and ferri…
- Ridge Corp. v. Kirk Nat'l Lease Co., No. 2:23-cv-03012 (S.D. Ohio Nov. 18, 2024).(It [the claim language] is the best guide to the meaning of a disputed term.)
- Utto Inc. v. Metrotech Corp., 119 F.4th 984 (Fed. Cir. 2024).published(In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term.)
- 10X Genomics, Inc. v. Parse Biosciences, Inc., No. 1:22-cv-01117 (D. Del. May 3, 2024). (In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence.)
- Exeltis USA, Inc. v. Lupin Ltd., No. 1:22-cv-00434 (D. Del. Feb. 20, 2024). See Vitronics, 90 F.3d at 1584 (“[E]xtrinsic evidence in general, and expert testimony in particular, may be used only ° help the court come to the proper understanding of the claims; it may not be used to mayer contradict the claim langua…
- Ridge Corp. v. Kirk Nat'l Lease Co., No. 2:23-cv-03012 (S.D. Ohio Nov. 3, 2023).(It [the claim language] is the best guide to the meaning of a disputed term.)
- CellTrust Corp. v. ionLake, LLC, No. 0:19-cv-02855, 2023 WL 3052733 (D. Minn. Apr. 23, 2023).([e]vidence of a defendant’s state of mind may be considered in determining whether there is willful infringement or inducement of infringement. Such evidence may include, among other things, evidence that a defendant h…)
Show 189 more citing cases
- Ultra-mek, Inc. v. United Furniture Indus., Inc., No. 1:18-cv-00281 (M.D.N.C. June 2, 2022). (In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence.)
- Andritz Inc. v. Cortex North Am. Corp., No. 3:20-cv-00029 (D. Or. July 30, 2021).
- Pat. Category Corp. v. Target Corp., 567 F. Supp. 2d 1171 (C.D. Cal. 2008).published
- Roche Diagnostics Corp. v. Apex Biotechnology Corp., 455 F. Supp. 2d 840 (S.D. Ind. 2005).published
- TDM Am., LLC v. United States, 85 Fed. Cl. 774 (Fed. Cl. 2009).published
- DataCore Software Corp. v. Scale Computing, Inc., No. 1:22-cv-00535 (D. Del. Aug. 14, 2023).
- The Univ. of Pittsburgh of the Commonwealth Sys. of Higher Educ. v. Cook Myosite, Inc., No. 2:22-cv-00717 (W.D. Pa. Dec. 8, 2023).
- Am. Regent, Inc. v. Somerset Therapeutics, LLC, No. 2:24-cv-01022 (D.N.J. Aug. 13, 2025).unpublished
- Honeywell Int'l Inc. v. Universal Avionics Sys. Corp., 347 F. Supp. 2d 81 (D. Del. 2004).published
- Uship Intellectual Props., LLC v. United States, 98 Fed. Cl. 396 (Fed. Cl. 2011).published
- Tomita Tech. USA, LLC v. Nintendo Co., 855 F. Supp. 2d 33 (S.D.N.Y. 2012).published
- Almirall, LLC v. Amneal Pharm. LLC, No. 1:19-cv-00658 (D. Del. Jan. 25, 2021).
- Ignite USA, LLC v. Pac. Mkt. Int'l LLC, No. 1:14-cv-00856 (N.D. Ill. May 29, 2018).
- Abbott Labs. v. Grifols Diagnostic Solutions Inc., No. 1:19-cv-06587 (N.D. Ill. Apr. 27, 2022).
- Palmetto State Armory, LLC v. Shield Arms, LLC, No. 3:23-cv-05890 (D.S.C. July 25, 2025).
At page 1584 Limiting use of extrinsic evidence to construe claims118 citing cases[E]xtrinsic evidence in general, and expert testimony in particular, may be used only to help the court come to the proper understanding of the claims; it may not be used to vary or contradict the claim language.
- Advanced Fiber Tech. Trust v. J & L Fiber Servs., Inc., 751 F. Supp. 2d 348 (N.D.N.Y. 2011).published (extrinsic evidence cannot support a construction contrary to that mandated by intrinsic evidence)
- Emissive Energy Corp. v. Olight Store USA, Inc., No. 2:24-cv-06214 (D.N.J. Mar. 16, 2026).unpublished Phillips, 415 F.3d at 1323; Oatey Co. v. IPS Corp., 514 F.3d 1271, 1276 (Fed. Cir. 2008); Vitronics Corp., 90 F.3d at 1583 (“Such an interpretation is rarely, if ever, correct and would require highly persuasive evidentiary support.”).
- Rally AG LLC v. Apple, Inc., No. 1:23-cv-01106 (D. Del. Oct. 27, 2025). Vitronics, 90 F.3d at 1582 (“In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term.
- Mypaq Holdings Ltd. v. Samsung Elec. Co., Ltd., No. 23-2024 (Fed. Cir. Apr. 24, 2025).unpublished See Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1583 (Fed. Cir. 1996) (“In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term.
- BioNTech SE v. CureVac SE, No. 2:23-cv-00222 (E.D. Va. July 30, 2024). (Nor may the inventor’s subjective intent as to claim scope, when unexpressed in the patent documents, have any effect.)
- Corrigent Corp. v. Dell Tech. Inc., No. 1:22-cv-00496 (D. Del. May 29, 2024).([E]xtrinsic evidence in general, and expert testimony in particular, may be used only to help the court come to the proper understanding of the claims; it may not be used to vary or contradict the claim language.)
- Exeltis USA, Inc. v. Lupin Ltd., No. 1:22-cv-00434 (D. Del. Feb. 20, 2024). ([E]xtrinsic evidence in general, and expert testimony in particular, may be used only ° help the court come to the proper understanding of the claims; it may not be used to mayer contradict the claim language.)
- Carrum Tech., LLC v. Ford Motor Co., No. 1:18-cv-01647 (D. Del. Nov. 9, 2023).([E]xtrinsic evidence in general, and expert testimony in 20 particular, may be used only to help the court come to the proper understanding of the claims; it may not be used to vary or contradict the claim language.)
- Pioneer Hi-Bred Int'l Inc. v. Syngenta Seeds, LLC, No. 1:22-cv-01280 (D. Del. Oct. 12, 2023).([E]xtrinsic evidence in general, and expert testimony in particular, may be used only to help the court come to the proper understanding of the claims; it may not be used to vary or contradict the claim language.)
- Westwood One, LLC v. Local Radio Networks, LLC, No. 1:21-cv-00088 (N.D. Ind. Apr. 25, 2023). (Only if there was still some genuine ambiguity in the claims, after consideration of all available intrinsic evidence, should the trial court have resorted to extrinsic evidence, such as expert testimony.)
Show 105 more citing cases
- Steuben Foods, Inc. v. Shibuya Hoppmann Corp. & HP Hood LLC, 661 F. Supp. 3d 322 (D. Del. 2023).published([T]he expert testimony, which was inconsistent with the specification and file history, should have been accorded no weight.)
- MyClerk LLC v. Impinj Inc, No. 2:21-cv-00049 (W.D. Wash. Aug. 19, 2022). See, e.g., Vitronics Corp. v. 21 Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.
- TDM Am., LLC v. United States, 85 Fed. Cl. 774 (Fed. Cl. 2009).published
- Honeywell Int'l Inc. v. Universal Avionics Sys. Corp., 347 F. Supp. 2d 81 (D. Del. 2004).published
- Uship Intellectual Props., LLC v. United States, 98 Fed. Cl. 396 (Fed. Cl. 2011).published
- Tomita Tech. USA, LLC v. Nintendo Co., 855 F. Supp. 2d 33 (S.D.N.Y. 2012).published
- Almirall, LLC v. Amneal Pharm. LLC, No. 1:19-cv-00658 (D. Del. Jan. 25, 2021).
- Ignite USA, LLC v. Pac. Mkt. Int'l LLC, No. 1:14-cv-00856 (N.D. Ill. May 29, 2018).
- Abbott Labs. v. Grifols Diagnostic Solutions Inc., No. 1:19-cv-06587 (N.D. Ill. Apr. 27, 2022).
- Palmetto State Armory, LLC v. Shield Arms, LLC, No. 3:23-cv-05890 (D.S.C. July 25, 2025).
- Amgen Inc. v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharm. Inc.), 469 F.3d 1039 (Fed. Cir. 2006).published
- Aquatex Indus., Inc. v. Techniche Solutions, 419 F.3d 1374 (Fed. Cir. 2005).published
- Pause Tech., LLC v. Tivo, Inc., 419 F.3d 1326 (Fed. Cir. 2005).published
- Default Proof Credit Card Sys., Inc. v. Home Depot U.S.A., Inc., 412 F.3d 1291 (Fed. Cir. 2005).published
- Mems Tech. Berhard v. Int'l Trade Comm'n, 447 F. App'x 142 (Fed. Cir. 2011).unpublished
- Georgia-Pac. Consum. Prods. LP v. Kimberly-Clark Corp., 647 F.3d 723 (7th Cir. 2011).published
- Advanced Fiber Tech. (AFT) Trust v. J & L Fiber Servs., Inc., 674 F.3d 1365 (Fed. Cir. 2012).published
- Ron Nystrom v. Trex Co., Inc. & Trex Co., LLC, 374 F.3d 1105 (Fed. Cir. 2004).published
- Lighting World, Inc. v. Birchwood Lighting, Inc., Defendant-Cross, 382 F.3d 1354 (Fed. Cir. 2004).published
- BASF Agro B v. v. Makhteshim Agan of North Am., Inc., 519 F. App'x 1008 (Fed. Cir. 2013).unpublished
- Net Results, Inc. v. United States, 112 Fed. Cl. 133 (Fed. Cl. 2013).published
- SkinMedica, Inc. v. Histogen Inc., 727 F.3d 1187 (Fed. Cir. 2013).published
- Atmel Corp. v. Info. Storage Devices, Inc., 997 F. Supp. 1210 (N.D. Cal. 1998).published
- Therasense, Inc. v. Becton, Dickinson & Co., 560 F. Supp. 2d 835 (N.D. Cal. 2008).published
- Genentech, Inc. v. Boehringer Mannheim GmbH, 989 F. Supp. 359 (D. Mass. 1997).published
- MacRovision Corp. v. Dwight Cavendish Developments Ltd., 105 F. Supp. 2d 1070 (N.D. Cal. 2000).published
- Johnson Elec. North Am. Inc. v. Mabuchi Motor Am. Corp., 77 F. Supp. 2d 446 (S.D.N.Y. 1999).published
- Ahlstrom Mach., Inc. v. Clement, 13 F. Supp. 2d 45 (D.D.C. 1998).published
- Pieczenik v. Dyax Corp., 226 F. Supp. 2d 314 (D. Mass. 2002).published
- Hay & Forage Indus. v. New Holland North Am., Inc., 25 F. Supp. 2d 1170 (D. Kan. 1998).published
- Freeman v. Gerber Prods. Co., 357 F. Supp. 2d 1290 (D. Kan. 2005).published
- IPPV Enter., LLC v. Echostar Commc'ns Corp., 146 F. Supp. 2d 498 (D. Del. 2001).published
- Tulip Computers, Internationali B v. v. Dell Comput. Corp., 236 F. Supp. 2d 364 (D. Del. 2002).published
- Faroudja Labs., Inc. v. Dwin Elec., Inc., 76 F. Supp. 2d 999 (N.D. Cal. 1999).published
- Lacks Indus., Inc. v. McKechnie Veh. Components USA, Inc., 55 F. Supp. 2d 702 (E.D. Mich. 1999).published
- Jackson v. Thomson Consum. Elec., Inc., 139 F. Supp. 2d 1003 (S.D. Ind. 2001).published
- Merck & Co. v. Teva Pharm. USA, Inc., 228 F. Supp. 2d 480 (D. Del. 2002).published
- Koepnick Med. & Educ. Rsch. Found., L.L.C. v. Alcon Labs., Inc., 347 F. Supp. 2d 731 (D. Ariz. 2004).published
- British Telecomm. PLC v. Prodigy Commc'ns Corp., 189 F. Supp. 2d 101 (S.D.N.Y. 2002).published
- Relume Corp. v. Dialight Corp., 63 F. Supp. 2d 788 (E.D. Mich. 1999).published
- Trinity Indus., Inc. v. ROAD Sys., INC., 235 F. Supp. 2d 547 (E.D. Tex. 2002).published
- Ricoh Co., Ltd. v. Katun Corp., 380 F. Supp. 2d 418 (D.N.J. 2005).published
- Frazier v. Layne Christensen Co., 380 F. Supp. 2d 989 (W.D. Wis. 2005).published
- Amgen, Inc. v. Hoechst Marion Roussel, Inc., 339 F. Supp. 2d 202 (D. Mass. 2004).published
- Halliburton Energy Servs., Inc. v. M-I, LLC., 456 F. Supp. 2d 811 (E.D. Tex. 2006).published
- Kothmann & Kothmann, Inc. v. Trinity Indus., Inc., 287 F. Supp. 2d 699 (S.D. Tex. 2002).published
- Amgen, Inc. v. Hoechst Marion Roussel, Inc., 287 F. Supp. 2d 126 (D. Mass. 2003).published
- Sightsound. Com Inc. v. N2K, INC., 391 F. Supp. 2d 321 (W.D. Pa. 2003).published
- Hochstein v. Microsoft Corp., 730 F. Supp. 2d 714 (E.D. Mich. 2010).published
- Black & Decker Inc. v. Robert Bosch Tool Corp., 389 F. Supp. 2d 1010 (N.D. Ill. 2005).published
- Bristol-Myers Squibb Co. v. Teva Pharm. USA, Inc., 288 F. Supp. 2d 562 (S.D.N.Y. 2003).published
- Kenall Mfg. Co. v. Genlyte Thomas Grp. LLC, 413 F. Supp. 2d 937 (N.D. Ill. 2006).published
- Intex Rec. Corp. v. Metalast, S.A. Sociedad Unipersonal, 245 F. Supp. 2d 65 (D.D.C. 2003).published
- Magnivision, Inc. v. Bonneau Co., 33 F. Supp. 2d 1218 (C.D. Cal. 1998).published
- Bio-Tech. Gen. Corp. v. Duramed Pharm., Inc., 174 F. Supp. 2d 229 (D.N.J. 2001).published
- Utah Med. Prods., Inc. v. Clinical Innovations Assocs., Inc., 79 F. Supp. 2d 1290 (D. Utah 1999).published
- Rothschild Trust Holdings, LLC v. Citrix Sys., Inc., 491 F. Supp. 2d 1105 (S.D. Fla. 2007).published
- Visual Sec. Concepts, Inc. v. KTV, Inc., 111 F. Supp. 2d 649 (E.D. Pa. 2000).published
- E-Pass Tech., Inc. v. 3Com Corp., 177 F. Supp. 2d 1033 (N.D. Cal. 2001).published
- C.M.L. S.R.L. v. Ineco Indus. Navarra De Equipos Y Comercio, S.A., 177 F. Supp. 2d 442 (D. Md. 2001).published
- Glaxo Wellcome, Inc. v. Genentech, Inc., 136 F. Supp. 2d 316 (D. Del. 2001).published
- Intex Rec. Corp. v. Team Worldwide Corp., 42 F. Supp. 3d 80 (D.D.C. 2013).published
- Aar Mfg., Inc. v. United States, 121 Fed. Cl. 553 (Fed. Cl. 2015).published
- Advanced Aerospace Tech., Inc. v. United States, 122 Fed. Cl. 445 (Fed. Cl. 2015).published
- Holmberg v. United States, 124 Fed. Cl. 610 (Fed. Cl. 2016).published
- Beacon Adhesives, Inc. v. United States, 134 Fed. Cl. 26 (Fed. Cl. 2017).unpublished
- Mynette Tech., Inc. v. United States, No. 16-1647 (Fed. Cl. Aug. 17, 2018).published
- Finjan, Inc. v. Cisco Sys., Inc., 837 F. App'x 799 (Fed. Cir. 2020).unpublished
- Valve Corp. v. Ironburg Inventions Ltd., 8 F.4th 1364 (Fed. Cir. 2021).published
- Genuine Enabling Tech. v. Nintendo Co., Ltd., 29 F.4th 1365 (Fed. Cir. 2022).published
- Honeywell Int'l, Inc. v. United States, 66 Fed. Cl. 400 (Fed. Cl. 2005).published
- Boston Sci. Corp. v. Cook Inc., 187 F. Supp. 3d 249 (D. Mass. 2016).published
- Utica Enter., Inc. v. Fed. Broach & Mach. Co., 109 F. App'x 403 (Fed. Cir. 2004).unpublished
- Pitney Bowes, Inc. v. Hewlett-Packard Co., 69 F. Supp. 2d 309 (D. Conn. 1998).published
- Pitney Bowes, Inc. v. Hewlett-Packard Co., 69 F. Supp. 2d 325 (D. Conn. 1998).published
- Inline Plastics Corp. v. Tenneco Packing Corp., 979 F. Supp. 79 (D. Conn. 1997).published
- ViroPharma Biologics LLC v. CSL Behring LLC, No. 1:17-cv-00414 (D. Del. Nov. 18, 2019).
- Galderma Labs., L.P. v. Sun Pharm. Indus. Ltd., No. 1:16-cv-01003 (D. Del. Sept. 30, 2019).
- Huber Engineered Woods LLC v. Louisiana-Pac. Corp., No. 1:19-cv-00342 (D. Del. Aug. 31, 2020).
- Stragent, LLC v. BMW of North Am., LLC, No. 1:20-cv-00510 (D. Del. Aug. 9, 2022).
- XMTT, Inc. v. Intel Corp., No. 1:18-cv-01810 (D. Del. Feb. 22, 2023).
- Wirtgen Am., Inc. v. Caterpillar, Inc., No. 1:17-cv-00770 (D. Del. Mar. 10, 2023).
- LoganTree LP v. Fossil Grp., Inc., No. 1:21-cv-00385 (D. Del. Feb. 21, 2023).
- TexasLDPC Inc. v. Broadcom Inc., No. 1:18-cv-01966 (D. Del. Mar. 30, 2023).
- Galderma Labs. L.P. v. Lupin Inc., No. 1:21-cv-01710 (D. Del. Apr. 7, 2023).
- L2 Mobile Tech. LLC v. TCL Elec. Holdings Ltd.., No. 1:22-cv-01306 (D. Del. Mar. 7, 2024).
- Nexus Pharm., Inc. v. Exela Pharma Sciences, LLC, No. 1:22-cv-01233 (D. Del. May 6, 2024).
- Medline Indus., LP v. C.R. Bard, Inc., No. 1:20-cv-03981 (N.D. Ga. Feb. 20, 2024).
- MercAsia USA, LTD v. Zhu, No. 3:17-cv-00718 (N.D. Ind. June 30, 2020).
- OrthoPediatrics Corp. v. Wishbone Med., Inc., No. 3:20-cv-00929 (N.D. Ind. Oct. 4, 2022).
- Taro Pharm. Indus. Ltd. v. Novitium Pharma, LLC, No. 3:19-cv-01028 (D.N.J. Apr. 6, 2020).unpublished
- Soter Tech., LLC v. IP Video Corp., No. 2:20-cv-02989 (E.D.N.Y Oct. 5, 2021).
- Seoul Semiconductor Co., Ltd. v. Satco Prods., Inc., 570 F. Supp. 3d 59 (E.D.N.Y 2021).published
- SitNet LLC v. Meta Platforms, Inc., No. 1:23-cv-06389 (S.D.N.Y. Oct. 20, 2023).
- Barry v. Depuy Synthes Companies, No. 2:17-cv-03003 (E.D. Pa. July 31, 2023).
- 802 Sys. Inc. v. Cisco Sys., Inc., No. 2:20-cv-00315 (E.D. Tex. Aug. 4, 2021).
- Aptiv Tech. AG v. Microchip Tech., Inc., No. 1:23-cv-00307 (D. Del. July 12, 2024).
- Microchip Tech., Inc. v. Aptiv Servs. US, LLC, No. 1:23-cv-00778 (D. Del. July 15, 2024).
- Simpson Strong-Tie Co. Inc. v. Columbia Ins. Co., No. 23-1944, 2025 WL 39807 (Fed. Cir. Jan. 7, 2025).unpublished
- RSB Spine, LLC v. DePuy Synthes Sales, Inc., No. 1:19-cv-01515 (D. Del. Jan. 7, 2025).
- Topia Tech., Inc. v. Egnyte, Inc., No. 1:21-cv-01821 (D. Del. July 11, 2025).
- Sanho Corp. v. Kaijet Tech. Int'l Ltd., Inc., No. 1:18-cv-05385 (N.D. Ga. Feb. 1, 2022).
At page 1576 delineating this order111 citing cases
- Insituform Tech., Inc. v. Cat Contracting, Inc., 99 F.3d 1098 (Fed. Cir. 1996).published
- Herr-Voss Corp. v. Delta Brands, Inc., & Samuel F. Savariego, 101 F.3d 714 (Fed. Cir. 1996).unpublished
- Gen. Mills, Inc. v. Hunt-Wesson, Inc., 103 F.3d 978 (Fed. Cir. 1997).published
- Jack A. Ekchian v. The Home Depot, Inc., MacKlanburg Co., Mti Corp. & Zircon Corp., & Lucas Automation & Control Eng'g, Inc., 104 F.3d 1299 (Fed. Cir. 1997).published
- J.T. Eaton & Co., Inc. v. Atl. Paste & Glue Co., 106 F.3d 1563 (Fed. Cir. 1997).published
- Lawrence B. Lockwood v. Am. Airlines, Inc., 107 F.3d 1565 (Fed. Cir. 1997).published
- Trilogy Commc'ns, Inc. v. Times Fiber Commc'ns, Inc., & Lpl Tech., Inc., Defendants/cross-Appellants, 109 F.3d 739 (Fed. Cir. 1997).published
- Arthur L. Serrano & Andrew W. Holman v. Telular Corp., 111 F.3d 1578 (Fed. Cir. 1997).published
- Cvi/Beta Ventures, Inc. v. Tura Lp, 112 F.3d 1146 (Fed. Cir. 1997).published
- O.I. Corp. v. Tekmar Co. Inc., 115 F.3d 1576 (Fed. Cir. 1997).published
Show 93 more citing cases
- The Kegel Co., Inc., & Dba Prods. Co. Inc. v. Amf Bowling, Inc., 127 F.3d 1420 (Fed. Cir. 1997).published
- Bell & Howell Document Mgmt. Prods. Co. v. Altek Sys., & Keystone Jackets, Inc. & George Wrabel, 132 F.3d 701 (Fed. Cir. 1998).published
- Phonometrics, Inc. v. N. Telecom Inc., & United Tel. Co. of Florida, & Sprint Corp., 133 F.3d 1459 (Fed. Cir. 1998).published
- Leonard R. Kahn v. Gen. Motors Corp., 135 F.3d 1472 (Fed. Cir. 1998).published
- Cybor Corp. v. Fas Tech., Inc., & Fastar Ltd., Defendants-Cross, 138 F.3d 1448 (Fed. Cir. 1998).published
- Digit. Biometrics, Inc. v. Identix, Inc. & Randall C. Fowler, 149 F.3d 1335 (Fed. Cir. 1998).published
- The Johns Hopkins Univ., Baxter Healthcare Corp. & Becton Dickinson & Co. v. Cellpro, Inc., 152 F.3d 1342 (Fed. Cir. 1998).published
- Mantech Env't Corp. v. Hudson Env't Servs., Inc., 152 F.3d 1368 (Fed. Cir. 1998).published
- Phillips Petroleum Co. v. Huntsman Polymers Corp., & Aristech Chem. Corp., 157 F.3d 866 (Fed. Cir. 1998).published
- Desper Prods., Inc. & Spatializer Audio Labs., Inc. v. Qsound Labs, Inc., 157 F.3d 1325 (Fed. Cir. 1998).published
- Renishaw Plc v. Marposs Societa' Per Azioni & Marposs Corp., 158 F.3d 1243 (Fed. Cir. 1998).published
- Pitney Bowes, Inc. v. Hewlett-Packard Co., Defendant-Cross, 182 F.3d 1298 (Fed. Cir. 1999).published
- Robotic Vision Sys., Inc. v. View Eng'g, Inc., 189 F.3d 1370 (Fed. Cir. 1999).published
- Optical Disc Corp. v. Del Mar Avionics & Bruce Del Mar, 208 F.3d 1324 (Fed. Cir. 2000).published
- N. Telecom Ltd. v. Samsung Elec. Co., Ltd. & Samsung Semiconductor, Inc., Defendants-Cross, 215 F.3d 1281 (Fed. Cir. 2000).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 231 F.3d 859 (Fed. Cir. 2000).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 256 F.3d 1323 (Fed. Cir. 2001).published
- The Dow Chem. Co. v. Sumitomo Chem. Co., Ltd. & Sumitomo Chem. Am., Inc., 257 F.3d 1364 (Fed. Cir. 2001).published
- Advanced Cardiovascular Sys., Inc. & Guidant Sales Corp. v. Scimed Life Sys., Inc. & Boston Sci. Corp., 261 F.3d 1329 (Fed. Cir. 2001).published
- Bell Atl. Network Servs., Inc. v. Covad Commc'ns Grp., Inc., 262 F.3d 1258 (Fed. Cir. 2001).published
- Neomagic Corp. v. Trident Microsystems, Inc., 287 F.3d 1062 (Fed. Cir. 2002).published
- Amgen Inc., Plaintiff-Cross v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharm., Inc.) & Transkaryotic Therapies, Inc., 314 F.3d 1313 (Fed. Cir. 2003).published
- Insituform Tech., Inc. v. Cat Contracting, Inc., 99 F.3d 1098 (Fed. Cir. 1996).published
- Kustom Signals, Inc. v. Applied Concepts, Inc. & John L. Aker, 264 F.3d 1326 (Fed. Cir. 2001).published
At page 1577 [I]t is always necessary to review the specification to determine whether the inventor has used any terms in a manner inconsistent with their ordinary meaning.78 citing cases
- Trilogy Commc'ns, Inc. v. Times Fiber Commc'ns, Inc., & Lpl Tech., Inc., Defendants/cross-Appellants, 109 F.3d 739 (Fed. Cir. 1997).published
- Cvi/Beta Ventures, Inc. v. Tura Lp, 112 F.3d 1146 (Fed. Cir. 1997).published
- O.I. Corp. v. Tekmar Co. Inc., 115 F.3d 1576 (Fed. Cir. 1997).published
- The Kegel Co., Inc., & Dba Prods. Co. Inc. v. Amf Bowling, Inc., 127 F.3d 1420 (Fed. Cir. 1997).published
- Bell & Howell Document Mgmt. Prods. Co. v. Altek Sys., & Keystone Jackets, Inc. & George Wrabel, 132 F.3d 701 (Fed. Cir. 1998).published
- Digit. Biometrics, Inc. v. Identix, Inc. & Randall C. Fowler, 149 F.3d 1335 (Fed. Cir. 1998).published
- Mantech Env't Corp. v. Hudson Env't Servs., Inc., 152 F.3d 1368 (Fed. Cir. 1998).published
- Phillips Petroleum Co. v. Huntsman Polymers Corp., & Aristech Chem. Corp., 157 F.3d 866 (Fed. Cir. 1998).published
- Desper Prods., Inc. & Spatializer Audio Labs., Inc. v. Qsound Labs, Inc., 157 F.3d 1325 (Fed. Cir. 1998).published
- Renishaw Plc v. Marposs Societa' Per Azioni & Marposs Corp., 158 F.3d 1243 (Fed. Cir. 1998).published
Show 60 more citing cases
- Pitney Bowes, Inc. v. Hewlett-Packard Co., Defendant-Cross, 182 F.3d 1298 (Fed. Cir. 1999).published
- Robotic Vision Sys., Inc. v. View Eng'g, Inc., 189 F.3d 1370 (Fed. Cir. 1999).published
- Optical Disc Corp. v. Del Mar Avionics & Bruce Del Mar, 208 F.3d 1324 (Fed. Cir. 2000).published
- N. Telecom Ltd. v. Samsung Elec. Co., Ltd. & Samsung Semiconductor, Inc., Defendants-Cross, 215 F.3d 1281 (Fed. Cir. 2000).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 231 F.3d 859 (Fed. Cir. 2000).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 256 F.3d 1323 (Fed. Cir. 2001).published
- The Dow Chem. Co. v. Sumitomo Chem. Co., Ltd. & Sumitomo Chem. Am., Inc., 257 F.3d 1364 (Fed. Cir. 2001).published
- Advanced Cardiovascular Sys., Inc. & Guidant Sales Corp. v. Scimed Life Sys., Inc. & Boston Sci. Corp., 261 F.3d 1329 (Fed. Cir. 2001).published
- Bell Atl. Network Servs., Inc. v. Covad Commc'ns Grp., Inc., 262 F.3d 1258 (Fed. Cir. 2001).published
- Eastman Kodak Co. v. The Goodyear Tire & Rubber Co., 114 F.3d 1547 (Fed. Cir. 1997).published
- Aragon Pharm., Inc. v. Eugia Pharma Specialities Ltd., No. 2:22-cv-03186 (D.N.J. Aug. 9, 2023).unpublished
At page 1581 Interpreting technical terms in patent claims53 citing casesdevices never reach the solder reflow temperature. Vitronics pointed out that, in the example described as the preferred embodiment, the temperature of the…
- Tree Def., LLC v. Mike Hurst Citrus Serv., Inc., No. 8:24-cv-02520 (M.D. Fla. Feb. 11, 2026). See Vitronics Corp., 90 F.3d at 1582 (“The specification acts as a dictionary . . . when it defines terms by implication.”).
- Dane Indus., Inc. v. Ameritek Indus., LLC, 154 F. App'x 894 (Fed. Cir. 2005).unpublished
- JVW Enter., Inc. v. Interact Accessories, Inc., 424 F.3d 1324 (Fed. Cir. 2005).published
- Ethicon Endo-Surgery, Inc. v. United States Surgical Corp., 93 F.3d 1572 (Fed. Cir. 1996).published
- Provide Tech., Inc. v. East Coast Heat Seal, Inc., 974 F. Supp. 65 (D. Mass. 1997).published
- VIVID Tech. INC. v. Am. Sci. & Eng'g, Inc., 997 F. Supp. 93 (D. Mass. 1997).published
- Pat. Category Corp. v. Target Corp., 567 F. Supp. 2d 1171 (C.D. Cal. 2008).published
- Howes v. Zircon Corp., 992 F. Supp. 957 (N.D. Ill. 1998).published
- ADC Telecomm., Inc. v. Siecor Corp., 954 F. Supp. 820 (D. Del. 1997).published
- Nova Biomedical Corp. v. I-STAT Corp., 980 F. Supp. 614 (D. Mass. 1997).published
Show 42 more citing cases
- Schindler Elevator Corp. v. Otis Elevator Co., 561 F. Supp. 2d 352 (S.D.N.Y. 2008).published
- Marion Merrell Dow Inc. v. Baker Norton Pharm., Inc., 948 F. Supp. 1050 (S.D. Fla. 1996).published
- Amerikam, Inc. v. Home Depot, Inc., 99 F. Supp. 2d 810 (W.D. Mich. 2000).published
- Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., 133 F. Supp. 2d 843 (E.D. Va. 2001).published
- Roche Diagnostics Corp. v. Apex Biotechnology Corp., 455 F. Supp. 2d 840 (S.D. Ind. 2005).published
- TDM Am., LLC v. United States, 85 Fed. Cl. 774 (Fed. Cl. 2009).published
At page 1578 [A]s we have recently re-emphasized, extrinsic evidence in general, and expert testimony in particular, may be used only to help the court come to the proper understanding of the claims; it may not be used to vary or contradict the claim language.47 citing cases
- Bell & Howell Document Mgmt. Prods. Co. v. Altek Sys., & Keystone Jackets, Inc. & George Wrabel, 132 F.3d 701 (Fed. Cir. 1998).published
- Cybor Corp. v. Fas Tech., Inc., & Fastar Ltd., Defendants-Cross, 138 F.3d 1448 (Fed. Cir. 1998).published
- The Johns Hopkins Univ., Baxter Healthcare Corp. & Becton Dickinson & Co. v. Cellpro, Inc., 152 F.3d 1342 (Fed. Cir. 1998).published
- Mantech Env't Corp. v. Hudson Env't Servs., Inc., 152 F.3d 1368 (Fed. Cir. 1998).published
- Pitney Bowes, Inc. v. Hewlett-Packard Co., Defendant-Cross, 182 F.3d 1298 (Fed. Cir. 1999).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 231 F.3d 859 (Fed. Cir. 2000).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 256 F.3d 1323 (Fed. Cir. 2001).published
- The Dow Chem. Co. v. Sumitomo Chem. Co., Ltd. & Sumitomo Chem. Am., Inc., 257 F.3d 1364 (Fed. Cir. 2001).published
- Advanced Cardiovascular Sys., Inc. & Guidant Sales Corp. v. Scimed Life Sys., Inc. & Boston Sci. Corp., 261 F.3d 1329 (Fed. Cir. 2001).published
- Bell Atl. Network Servs., Inc. v. Covad Commc'ns Grp., Inc., 262 F.3d 1258 (Fed. Cir. 2001).published
Show 33 more citing cases
- Neomagic Corp. v. Trident Microsystems, Inc., 287 F.3d 1062 (Fed. Cir. 2002).published
- Amgen Inc., Plaintiff-Cross v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharm., Inc.) & Transkaryotic Therapies, Inc., 314 F.3d 1313 (Fed. Cir. 2003).published
- Insituform Tech., Inc. v. Cat Contracting, Inc., 99 F.3d 1098 (Fed. Cir. 1996).published
- Eastman Kodak Co. v. The Goodyear Tire & Rubber Co., 114 F.3d 1547 (Fed. Cir. 1997).published
- Texas Digit. Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193 (Fed. Cir. 2002).published
At page 1585 Limiting expert testimony on claim construction34 citing cases“had the district court relied on the expert testimony and other extrinsic evidence solely to help it understand the underlying technology, we could not say the district court was in error.”
- Swimways Corp. v. OVERBREAK, LLC, 354 F. Supp. 2d 637 (E.D. Va. 2005).published “had the district court relied on the expert testimony and other extrinsic evidence solely to help it understand the underlying technology, we could not say the district court was in error.”
- Ultra-mek, Inc. v. United Furniture Indus., Inc., No. 1:18-cv-00281 (M.D.N.C. June 2, 2022). See Vitronics, 90 F.3d at 1583 (“In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term.
- The Trs. of Purdue Univ. v. Wolfspeed, Inc., No. 1:21-cv-00840 (M.D.N.C. Aug. 7, 2023).
- Oil States Energy Servs., LLC v. Worldwide Oilfield Mach., Inc., No. 4:23-cv-00557 (S.D. Tex. Feb. 27, 2024).
- Ricoh Co., Ltd. v. Katun Corp., 380 F. Supp. 2d 418 (D.N.J. 2005).published
- OSRAM GmbH v. Int'l Trade Comm'n, 505 F.3d 1351 (Fed. Cir. 2007).published
- Lee's Aquarium & Pet Prods., Inc. v. Python Pet Prods., Inc., 951 F. Supp. 1469 (S.D. Cal. 1997).published
- Carlisle Plastics, Inc. v. Spotless Enter., Inc., 984 F. Supp. 646 (E.D.N.Y 1998).published
- Biomedical Polymers, Inc. v. Evergreen Indus., Inc., 976 F. Supp. 98 (D. Mass. 1997).published
- Shell Global Solutions (US) Inc. v. RMS Eng'g, Inc., 782 F. Supp. 2d 317 (S.D. Tex. 2011).published
Show 24 more citing cases
- ActiveVideo Networks, Inc. v. Verizon Commc'ns, Inc., 801 F. Supp. 2d 465 (E.D. Va. 2011).published
- Tech-Wear, Inc. v. Acme Laundry Prods., Inc., 38 F. Supp. 2d 1147 (C.D. Cal. 1998).published
- Sunrise Med. HHG, Inc. v. AirSep Corp., 95 F. Supp. 2d 348 (W.D. Pa. 2000).published
- Bristol-Myers Squibb Co. v. Immunex Corp., 86 F. Supp. 2d 447 (D.N.J. 2000).published
At page 1580 Interpreting technical claim terms using intrinsic evidence23 citing casesnoting that the patent specification describes the preferred embodiments
- Emissive Energy Corp. v. Olight Store USA, Inc., No. 2:24-cv-06214 (D.N.J. Mar. 16, 2026).unpublished Phillips, 415 F.3d at 1323; Oatey Co. v. IPS Corp., 514 F.3d 1271, 1276 (Fed. Cir. 2008); Vitronics Corp., 90 F.3d at 1583 (“Such an interpretation is rarely, if ever, correct and would require highly persuasive evidentiary support.”).
- Exeltis USA, Inc. v. Lupin Ltd., No. 1:22-cv-00434 (D. Del. Feb. 20, 2024). See Vitronics, 90 F.3d at 1584 (“[E]xtrinsic evidence in general, and expert testimony in particular, may be used only ° help the court come to the proper understanding of the claims; it may not be used to mayer contradict the claim langua…
- Microthin.com, Inc. v. Siliconezone USA, Inc., 377 F. App'x 8 (Fed. Cir. 2010).unpublished
- Laryngeal Mask Co. Ltd. v. Ambu, 618 F.3d 1367 (Fed. Cir. 2010).published
- Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362 (Fed. Cir. 2012).published
- Toshiba Corp. v. Imation Corp., 681 F.3d 1358 (Fed. Cir. 2012).published
- VDP Pat., LLC v. Welch Allyn Holdings, Inc., 623 F. Supp. 2d 364 (S.D.N.Y. 2007).published
- Default Proof Credit Card Sys., Inc. v. Home Depot U.S.A., Inc., 389 F. Supp. 2d 1325 (S.D. Fla. 2004).published
- Starhome Gmbh v. AT & T Mobility LLC, 743 F.3d 849 (Fed. Cir. 2014).published
- Veh. IP, LLC v. AT & T Mobility, LLC, 594 F. App'x 636 (Fed. Cir. 2014).unpublished
Show 13 more citing cases
- Unwired Planet, LLC v. Apple Inc., 829 F.3d 1353 (Fed. Cir. 2016).published
- Promos Tech., Inc. v. Samsung Elec. Co., Ltd., No. 19-1343 (Fed. Cir. Apr. 6, 2020).unpublished
- 24/7 Customer, Inc. v. LivePerson, Inc., 235 F. Supp. 3d 1102 (N.D. Cal. 2016).published
- Global Traffic Tech., LLC v. Emtrac Sys., Inc., 946 F. Supp. 2d 884 (D. Minn. 2013).published
- Andritz Inc. v. Cortex North Am. Corp., No. 3:20-cv-00029 (D. Or. July 30, 2021).
At page 1579 Had the district court relied on the expert testimony and other extrinsic evidence solely to help it understand the underlying technology, we could not say the district court was in error.10 citing cases
- Bell & Howell Document Mgmt. Prods. Co. v. Altek Sys., & Keystone Jackets, Inc. & George Wrabel, 132 F.3d 701 (Fed. Cir. 1998).published
- Pitney Bowes, Inc. v. Hewlett-Packard Co., Defendant-Cross, 182 F.3d 1298 (Fed. Cir. 1999).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 231 F.3d 859 (Fed. Cir. 2000).published
- Interactive Gift Express, Inc. v. Compuserve Inc., 256 F.3d 1323 (Fed. Cir. 2001).published
- The Dow Chem. Co. v. Sumitomo Chem. Co., Ltd. & Sumitomo Chem. Am., Inc., 257 F.3d 1364 (Fed. Cir. 2001).published
- Bell Atl. Network Servs., Inc. v. Covad Commc'ns Grp., Inc., 262 F.3d 1258 (Fed. Cir. 2001).published
- Texas Digit. Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193 (Fed. Cir. 2002).published
v.
CONCEPTRONIC, INC., Defendant-Appellee
Vitronics Corporation (“Vitronics”) appeals the September 27, 1995 order of the United States District Court for the District of New Hampshire, Civil Action No. 91-696-L, entering judgment as a matter of law that Vitronics did not prove that Conceptronic, Inc. (“Conceptronic”) infringed claim 1 of U.S. Patent No. 4,654,502 (“the ’502 patent”). The appeal was submitted for decision after oral argument on May 8, 1996. Because we conclude that the specification of the ’502 patent dictates a claim interpretation in accordance with the plaintiffs proposed construction, and that, so construed, the ’502 patent may have been infringed, we reverse the trial court’s decision and remand for further proceedings.
BACKGROUND
The Patented Invention
Vitronics and Conceptronic both manufacture ovens used in the production of printed[*1579] circuit boards. The ovens are used to solder electrical devices (such as resistors, capacitors and integrated circuits) to the boards. Several methods of soldering devices to boards have been developed; the ’502 patent, assigned to Vitronies, is directed to one of those methods.
Specifically, the ’502 patent is directed to a method for the reflow soldering of surface mounted devices to a printed circuit board in which the circuit board is moved by a convey- or through a multizone oven. In this process, a solder paste is placed on the circuit board and the devices to be soldered (with attached connectors) are placed on the paste. The circuit board is then placed on what is basically a conveyor belt running through an oven and passing through several different heating zones. In the final and hottest zone, the solder paste melts and forms a connection between the device and the circuit board. The boards remain in the last heating zone for only a short duration, allowing the solder to reach a temperature high enough to cause the solder to melt and reflow while maintaining the devices themselves below the solder reflow temperature. Due to this temperature differential, the solder flows up the device connectors to form a solid connection.
Claim 1 of the ’502 patent, the only claim at issue in this appeal, reads as follows (with added emphasis on the disputed terms):
1. A method for reflow soldering of surface mounted devices to a printed circuit board comprising:
moving a printed circuit board having solder and devices disposed on a surface thereof through a first zone and in close proximity to a first emitting surface of at least one nonfoeused infrared panel emitter, said first emitting surface being at a first panel temperature;
moving said board through a second zone and in close proximity to a second emitting surface of at least one nonfoeused infrared panel emitter, said second emitting surface being at a second panel temperature lower than said first panel temperature; and
moving said board through a third zone and in close proximity to a third emitting surface of at least one nonfoeused infrared panel emitter, said third emitting surface being at a third panel temperature higher than said second panel temperature, said third emitting surface heating said board and said solder to a solder reflow temperature for a period of time sufficient to cause said solder to reflow and solder said devices to said board while maintaining the temperature of said devices below said solder reflow temperature.
Proceedings Before the District Court
This action was brought on November 26, 1991 by Vitronies against Conceptronic for infringement of both the ’502 patent and U.S. Patent No. 4,883,301 (“the ’301 patent”). [1] At the time the suit was filed, Conceptronic was selling the “Mark series” line of ovens. Con-eeptronic later discontinued the Mark series and began selling the “HVC series” line of ovens. Prior to trial, the parties stipulated that every limitation of claim 1 of the ’502 patent was met by the HVC series of ovens, except the limitation requiring the utilization of “nonfoeused infrared panel emitters” and the limitation that the temperature of the devices must be maintained below the “solder reflow temperature.” [2]
Vitronies, by way of a request for a jury instruction, asked the court to construe the meaning of the “solder reflow temperature” limitation. The specific instruction sought by Vitronies was as follows:
In considering the question of whether the ’502 method patent has been infringed by the Mark and HVC Series ovens, you have to decide whether, in use, those ovens maintain the temperature of the devices below the solder reflow temperature. The phrase “solder reflow temperature” in the ’502 patent means the temperature reached by the solder during the period it is reflowing during the final stages of the[*1580] soldering process, sometimes referred to as the “peak solder reflow temperature.” It does not mean the “liquidus temperature,” the temperature at which the solder first begins to melt. Thus, if the temperature of the devices stays below that of the solder, the ’502 method patent is infringed by the Mark and HVC Series ovens.
Thus, Vitronies contended that, as used in the claim, solder reflow temperature means peak reflow temperature, ie., a temperature approximately 20° C above the liquidus temperature, at which the solder is completely melted and moves freely. Conceptronic, on the other hand, contended that solder reflow temperature means 183° C, ie., the liquidus temperature of a particular type of solder known as 63/37 (Sn/Pb) solder. [3]
The district court delayed construing the disputed language until the close of testimony, at which time it ruled in favor of Concep-tronic and concluded that the term “solder reflow temperature” as used in claim 1 refers to 183° C. Vitronies then conceded that the court was required to grant judgment as a matter of law in favor of Conceptronic, as Vitronies had not presented any evidence of infringement under the court’s interpretation of solder reflow temperature. This appeal followed.
Claim Construction Aids Before the District Court
In spite of Vitronies’ early request for a jury instruction on the proper claim construction, the district court delayed announcing its claim construction until hearing all the evidence put forth at trial. During trial, and in their briefs to the district court in support of their respective claim constructions, the parties discussed the patent specification, expert testimony, prior testimony and writings of Vitronies and its employees, and technical references. The most pertinent materials are discussed below.
The Patent Specification
Vitronies relied heavily upon the patent itself to support its asserted claim construction. Although Vitronies conceded that the term “solder reflow temperature” may be ambiguous when considered in isolation, it argued that the specification clearly shows that, as used in the claim, solder reflow temperature means peak reflow temperature rather than the liquidus temperature. In particular, Vitronies pointed to that part of the specification that describes a preferred embodiment:
A preferred embodiment of the invention for reflow soldering of surface mounted devices to printed circuit boards will now be described. The printed circuit boards are typically made of epoxy-glass, such as fire retardant 4(FR-^4), or polyam-ide glass. These boards typically degrade above temperatures of 225° C. The solder may be, for example, 60/40 (Sn/Pb), 63/37 (Sn/Pb), or 62/36/2 (Sn/Pb/Ag), all of which have a liquidus temperature (i.e. begin to melt) of about 190° C. and a peak reflow temperature of about 210°-218° C. Thus, to effect reflow soldering without damaging the board, the solder must be allowed to reach a temperature of at least 210° C., but the board cannot reach a temperature of 225° C.
The board is then sent into a fifth zone 5 to bring the temperature of the board up to a temperature of approximately 210° C., the devices up to approximately 195° C., and the solder up to approximately 210° C. for a period of time of from about 10 to about 20 seconds to cause the solder to flow. Because the devices are cooler than the board, the solder flows up the devices - The board spends approximately 60 seconds in the fifth zone, but only about 10 to 20 seconds at 210° C. Thus, the board is at the solder reflow temperature for only a short period of time and the[*1581] devices never reach the solder reflow temperature.
Vitronics pointed out that, in the example described as the preferred embodiment, the temperature of the solder is raised to 210° C, the peak reflow temperature, and the temperature of the devices is raised to 195° C, 5° above the 190° C liquidus temperature. Thus, as argued by Vitronics, the term “solder reflow temperature” must be construed so that it refers to the peak reflow tempera-tee because the claim requires that the temperature of the devices be maintained below “said solder reflow temperature”; if solder reflow temperature were construed to refer to liquidus temperature, the preferred embodiment would not be covered by the patent claims.
Expert Testimony
Conceptronie relied heavily on the expert testimony of Dr. Rothe. Dr. Rothe testified that the meaning of the term “solder reflow temperature” in claim 1 is synonymous with liquidus temperature. Dr. Rothe further testified that the solder reflow temperature for 63/37 (Sn/Pb) is 183° C. Dr. Rothe likewise testified at trial that several technical articles written by those skilled in the art supported his view that solder reflow temperature refers to liquidus temperature.
The Testimony of Mr. Hall
Conceptronie also relied on the testimony of Mr. Hall, the Chief Engineer at Vitronics. At trial, Mr. Hall confirmed that during his deposition he had testified that the reflow temperature of solder was 183° C. Mr. Hall also testified that, during his deposition, he had used solder reflow temperature to refer to liquidus temperature. However, at another point in his trial testimony, Hall explained that, while in his earlier deposition testimony he had used solder reflow temperature to refer to liquidus temperature, he did not suggest that was how the term was used in the patent. Rather, Hall testified the patent uses the term to refer to the peak reflow temperature.
Paper Written By Former Vitronics Employee
Conceptronie also introduced into evidence a paper written by Phillip Zarrow, a former employee of Vitronics, defining solder reflow temperature in the following manner: “As the temperature of the solder paste on the interconnect passes the solder alloy’s melting point and the solder enters a molten state, the assembly enters the reflow region of the process. For 63 Sn/37 Pb, a eutectic solder and the most common SMT alloy, reflow occurs at 183°C.” Phillip Zarrow, Convection/Infrared and Convection Dominant Re-flow Soldering of Fine Pitch SMT Devices, § 10.3.3 (1994). However, that same paper later describes the solder reflow process as taking the temperature of the solder above liquidus: “Most solder manufacturers recommend bringing the interconnection temperature approximately 15 to 25°C above the alloy melting point to achieve full liquidus and assure good solder flow and aid fillet formation.” Id.
Memorandum of Plaintiff Vitronics Corporation in Opposition to Motion for Summary Judgment of Defendant Conceptronie Corporation and In Support of Plaintiffs Cross-Motion for Summary Judgment of Patent Validity and Infringement
In its brief supporting its proposed construction of claim 1, both at the trial court level and here on appeal, Conceptronie similarly relied on a memorandum written by Vitronics which contains the following language: “Tin/lead solders commonly used by the electronic products industry have a ‘liqui-dus’ or ‘reflow’ temperature in the order of 183° C, or about 361° F.” However, this phrase is in the background section of the memorandum and later in the same memorandum, Vitronics discussed the issue of infringement as being whether the temperature of the devices was maintained below “the temperatures of the leads at which the solder is reflowing.”
Without indicating which evidence it relied upon, the district court simply ruled that solder reflow temperature meant 183° C.
Analysis
The Use of Intrinsic and Extrinsic Evidence in Claim Construction
A literal patent infringement analysis involves two steps: the proper construe[*1582] tion of the asserted claim and a determination as to whether the accused method or product infringes the asserted claim as properly construed. Markman v. Westview Instruments, Inc., 52 F.3d 967, 976, 34 USPQ2d 1321, 1326 (Fed.Cir.1995) (in banc), aff'd, — U.S. -, -, 116 S.Ct. 1384, 1393, 134 L.Ed.2d 577 (1996); Hormone Research Found., Inc. v. Genentech, Inc., 904 F.2d 1558, 1562, 15 USPQ2d 1039, 1042 (Fed.Cir.1990), ce rt. dismissed, 499 U.S. 955, 111 S.Ct. 1434, 113 L.Ed.2d 485 (1991). The first step, claim construction, is a matter of law, which we review de novo. Markman, 52 F.3d at 979, 34 USPQ2d at 1329. Claim construction is the only step in the infringement analysis at issue in this appeal. [4]
In determining the proper construction of a claim, the court has numerous sources that it may properly utilize for guidance. These sources have been detailed in our previous opinions, as discussed below, and include both intrinsic evidence {e.g., the patent specification and file history) and extrinsic evidence {e.g., expert testimony).
It is well-settled that, in interpreting an asserted claim, the court should look first to the intrinsic evidence of record, i.e., the patent itself, including the claims, the specification and, if in evidence, the prosecution history. See Markman, 52 F.3d at 979, 34 USPQ2d at 1329. Such intrinsic evidence is the most significant source of the legally operative meaning of disputed claim language.
First, we look to the words of the claims themselves, both asserted and nonasserted, to define the scope of the patented invention. See Bell Communications Research, Inc. v. Vitalink Communications Corp., 55 F.3d 615, 620, 34 USPQ2d 1816, 1819 (Fed.Cir.1995). Although words in a claim are generally given their ordinary and customary meaning, a patentee may choose to be his own lexicographer and use terms in a manner other than their ordinary meaning, as long as the special definition of the term is clearly stated in the patent specification or file history. Hoechst Celanese Corp. v. BP Chems. Ltd., 78 F.3d 1575, 1578, 38 USPQ2d 1126, 1129 (Fed.Cir.1996) (“A technical term used in a patent document is interpreted as having the meaning that it would be given by persons experienced in the field of the invention, unless it is apparent from the patent and the prosecution history that the inventor used the term with a different meaning.”) (citations omitted); Hormone, 904 F.2d at 1563, 15 USPQ2d at 1043 (“It is a web-established axiom in patent law that a paten-tee is free to be his or her own lexicographer and thus may use terms in a manner contrary to or inconsistent with one or more of their ordinary meanings.”) (citations omitted).
Thus, second, it is always necessary to review the specification to determine whether the inventor has used any terms in a manner inconsistent with their ordinary meaning. The specification acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication. Markman, 52 F.3d at 979, 34 USPQ2d at 1330. As we have repeatedly stated, “[e]laims must be read in view of the specification, of which they are a part.” Id. at 979, 52 F.3d 967, 34 USPQ2d at 1329. The specification contains a written description of the invention which must be clear and complete enough to enable those of ordinary skill in the art to make and use it. Thus, the specification is always highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single best guide to the meaning of a disputed term.
Third, the court may also consider the prosecution history of the patent, if in evidence. Id. at 980, 52 F.3d 967, 34 USPQ2d at 1330; Graham v. John Deere, 383 U.S. 1, 33, 86 S.Ct. 684, 701-02, 15 L.Ed.2d 545, 148 U.S.P.Q. 459, 473 (1966). This history contains the complete record of all the proceedings before the Patent and Trademark Office, including any express representations made by the applicant regarding the scope of the claims. As such, the record before the Patent and Trademark Office is often of critical significance in determining the meaning of the claims. See Markman, 52 F.3d at 980, 34 USPQ2d at 1330; South- [*1583] wall Tech., Inc. v. Cardinal IG Co., 54 F.3d 1570, 1576, 34 USPQ2d 1673, 1676 (Fed.Cir.1995) (“The prosecution history limits the interpretation of claim terms so as to exclude any interpretation that was disclaimed during prosecution.”) (citations omitted). Included within an analysis of the file history may be an examination of the prior art cited therein. Autogiro Co. of America v. United States, 181 Ct.Cl. 55, 384 F.2d 391, 399, 155 USPQ 697, 704 (1967) (“In its broader use as source material, the prior art cited in the file wrapper gives clues as to what the claims do not cover”).
In most situations, an analysis of the intrinsic evidence alone will resolve aiiy ambiguity in a disputed claim term. In such circumstances, it is improper to rely on extrinsic evidence. See, e.g., Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211, 1216, 36 USPQ2d 1225, 1228 (Fed.Cir.1995) (“In construing the claims we look to the language of the claims, the specification, and the prosecution history. Extrinsic evidence may also be considered, if needed to assist in determining the meaning or scope of technical terms in the claims.”) (citations omitted, emphasis added); Hormone, 904 F.2d at 1562, 15 USPQ2d at 1043 (“Claim interpretation involves a review of the specification, the prosecution history, the claims (including unasserted as well as asserted claims), and, if necessary, other extrinsic evidence, such as expert testimony.”) (citations omitted, emphasis added). In those cases where the public record unambiguously describes the scope of the patented invention, reliance on any extrinsic evidence is improper. The claims, specification, and file history, rather than extrinsic evidence, constitute the public record of the patentee’s claim, a record on which the public is entitled to rely. In other words, competitors are entitled to review the public record, apply the established rules of claim construction, ascertain the scope of the patentee’s claimed invention and, thus, design around the claimed invention. See Markman, 52 F.3d at 978-79, 34 USPQ2d at 1329. Allowing the public record to be altered or changed by extrinsic evidence introduced at trial, such as expert testimony, would make this right meaningless. See Southwall, 54 F.3d at 1578, 34 USPQ2d at 1678 (“A patentee may not proffer an interpretation for the purposes of litigation that would alter the indisputable public record consisting of the claims, the specification and the prosecution history, and treat the claims as a ‘nose of wax.’ ” (quoting Senmed, Inc. v. Richard-Allan Med. Indus., Inc., 888 F.2d 815, 819 n. 8, 12 USPQ2d 1508, 1512 n. 8 (Fed.Cir.1989))). The same holds true whether it is the patentee or the alleged infringer who seeks to alter the scope of the claims.
The Proper Construction of the Claim Term “Solder Reflow Temperature”
• As can be readily seen from those portions of the specification set forth above, the meaning of the disputed term “solder reflow temperature” in claim 1 of the ’502 patent is clear from a reading of the claim itself and the patent specification. The “peak reflow temperature” and “liquidus temperature” are clearly defined in the specification as having distinctly different meanings. Specifically, for the solders described in the specification, liquidus temperature is about 190° C and the peak reflow temperature is about 210° to 218° C. Moreover, in the preferred embodiment described in the patent, the solder is heated to a temperature of 210° C but the temperature of the devices is maintained at approximately 195° C, i.e., below the peak reflow temperature (210° C) but above the liquidus temperature (190° C). Therefore, in order to be consistent with the specification and preferred embodiment described therein, claim 1 must be construed such that the term “solder reflow temperature” means the peak reflow temperature, rather than the liquidus temperature. Indeed, if “solder reflow temperature”. were defined to mean liquidus temperature, a preferred (and indeed only) embodiment in the specification would not fall within the scope of the patent claim. Such an interpretation is rarely, if ever, correct and would require highly persuasive evidentiary support, which is wholly absent in this ease. See Modine Mfg. Co. v. United States Int’l Trade Comm’n, 75 F.3d 1545, 1550, 37 USPQ2d 1609, 1612 (Fed.Cir.1996); see also Hoechst, 78 F.3d at 1581, 38 USPQ2d at 1130 (“We[*1584] share the district court’s view that it is unlikely that an inventor would define the invention in a way that excluded the preferred embodiment, or that persons of skill in this field would read the specification in such a way.”).
The District Court’s Reliance on Extrinsic Evidence
Since the claim, read in light of the patent specification, clearly uses the term “solder reflow temperature” to mean the peak reflow temperature, rather than the liquidus temperature, that should have been the end of the trial court’s analysis. [5] Only if there were still some genuine ambiguity in the claims, after consideration of all available intrinsic evidence, should the trial court have resorted to extrinsic evidence, such as expert testimony, in order to construe claim 1. Moreover, even if the judge permissibly decided to hear all the possible evidence before construing the claim, the expert testimony, which was inconsistent with the specification and file history, should have been accorded no weight. Southwall, 54 F.3d at 1578, 34 USPQ2d at 1678; Markman, 52 F.3d at 983, 34 USPQ2d at 1333.
Here, the trial judge considered not only the specification, but also expert testimony and other extrinsic evidence, such as the paper written by the former Vitronies employee. No doubt there will be instances in which intrinsic evidence is insufficient to enable the court to determine the meaning of the asserted claims, and in those instances, extrinsic evidence, such as that relied on by the district court, may also properly be relied on to understand the technology and to construe the claims. See Markman, 52 F.3d at 979, 34 USPQ2d at 1329. Extrinsic evidence is that evidence which is external to the patent and file history, such as expert testimony, inventor testimony, dictionaries, and technical treatises and articles. [6] Id. at 980, 34 USPQ2d at 1330. However, as we have recently re-emphasized, extrinsic evidence in general, and expert testimony in particular, may be used only to help the court come to the proper understanding of the claims; it may not be used to vary or contradict the claim language. Id. at 981, 52 F.3d 967, 34 USPQ2d at 1331. Nor may it contradict the import of other parts of the specification. Indeed, where the patent documents are unambiguous, expert testimony regarding the meaning of a claim is entitled to no weight. Southwall, 54 F.3d at 1578, 34 USPQ2d at 1678. “Any other rule would be unfair to competitors who must be able to rely on the patent documents themselves, without consideration of expert opinion that then does not even exist, in ascertaining the scope of a patentee’s right to exclude.” Id. at 1578, 34 USPQ2d at 1678-79. Nor may the inventor’s subjective intent as to claim scope, when unexpressed in the patent documents, have any effect. Such testimony cannot guide the court to a proper interpretation when the patent documents themselves do so clearly.
In addition, a court in its discretion may admit and rely on prior art proffered by one of the parties, whether or not cited in the specification or the file history. This prior art can often help to demonstrate how a disputed term is used by those skilled in the art. Such art may make it unnecessary to rely on expert testimony and may save much trial time. As compared to expert testimony, which often only indicates what a particular expert believes a term means, pri- or art references may also be more indicative of what all those skilled in the art generally believe a certain term means. Once again, however, reliance on such evidence is unnecessary, and indeed improper, when the disputed terms can be understood from a careful reading of the public record. See Kearns v. Chrysler Corp., 32 F.3d 1541, 1547, 31 USPQ2d 1746, 1750 (Fed.Cir.1994). Nor may it be used to vary claim terms from how[*1585] they are defined, even implicitly, in the specification or file history.
Unfortunately, here the trial judge did use the extrinsic evidence to vary or contradict the manifest meaning of the claims. The trial judge was presented with expert testimony and other evidence that some of those skilled in the relevant art, including certain Vitronics employees, sometimes used the term “solder reflow temperature” and “liquidus temperature” interchangeably. He apparently relied on this testimony in reaching his conclusion that, as used in claim 1, solder reflow temperature meant 188° C. [7] However, regardless of how those skilled in the art would interpret a term in other situations, where those of ordinary skill, on a reading of the patent documents, would conclude that the documents preclude the term being given the meaning propounded by the expert witnesses, we must give it the meaning indicated by the patentee in the patent claim, specification and file history. Thus, expert testimony tending to show that those skilled in the art would, in certain circumstances, understand “solder reflow temperature” to mean the solder liquidus temperature is entitled to no weight in light of the clear contrary meaning shown in the specification. See Southwall, 54 F.3d at 1578, 34 USPQ2d at 1678 (“Even if Southwall could show that ‘sputter-deposited dielectric’ has a meaning to one skilled in the art different from the definition in the ’745 specification and file history, the definition in the patent documents controls the claim interpretation.”). Because the specification clearly and unambiguously defined the disputed term in the claim, reliance on this extrinsic evidence was unnecessary and, hence, legally incorrect.
Had the district court relied on the expert testimony and other extrinsic evidence solely to help it understand the underlying technology, we could not say the district court was in error. But testimony on the technology is far different from other expert testimony, whether it be of an attorney, a technical expert, or the inventor, on the proper construction of a disputed claim term, relied on by the district court in this case. The latter kind of testimony may only be relied upon if the patent documents, taken as a whole, are insufficient to enable the court to construe disputed claim terms. Such instances will rarely, if ever, occur. Indeed, this case did not present such an instance. Even in those rare instances, prior art documents and dictionaries, although to a lesser extent, are more objective and reliable guides. Unlike expert testimony, these sources are accessible to the public in advance of litigation. They are to be preferred over opinion testimony, whether by an attorney or artisan in the field of technology to which the patent is directed. Indeed, opinion testimony on claim construction should be treated with the utmost caution, for it is no better than opinion testimony on the meaning of statutory terms. See Markman, 52 F.3d at 983, 34 USPQ2d at 1332-33 (“First, the testimony of Markman and his patent attorney on the proper construction of the claims is entitled to no deference.... This testimony about construction, however, amounts to no more than legal opinion — it is precisely the process of construction that the court must undertake.”).
Other Issues
Conceptronic further argues that, even if we were to reverse the district court’s decision regarding the proper interpretation of the term “solder reflow temperature,” the district court’s ultimate conclusion of no infringement as a matter of law can still be affirmed on the alternative ground that Vi-tronics’ evidence does not prove infringement because Vitronics failed to test the temperature of all of the various devices on the boards and because certain of the Vitronics tests demonstrated that many of the devices reached temperatures above the peak reflow temperature. Vitronics, of course, disputes these assertions and points to supporting documentation to the effect that the Concep-[*1586] tronic ovens do indeed maintain the temperature of the devices below peak reflow temperature. The trial court made no decision on this issue. Moreover, such a determination at this stage would require our weighing substantial but conflicting evidence, an impermissible exercise for an appellate court. Accordingly, we must remand.
Conclusion
For all the foregoing reasons, the judgment of non-infringement as a matter of law is reversed and the case is remanded for further proceedings consistent with this opinion.
Reversed and Remanded.
Costs
Costs in favor of Vitronics.
. A jury returned a verdict of non-infringement of the '301 patent. Vitronies does not appeal that verdict.
. Whether the Conceptronic ovens utilize nonfo-cused infrared panel emitters is not before this court.
. The specification of the '502 patent describes three exemplary types of solder which can be used in the solder reflow process — 60/40 (Sn/Pb), 63/37 (Sn/Pb) and 62/36/2 (Sn/Pb/Ag) — each of which, it indicates, has a liquidus temperature of about 190° C and a peak reflow temperature of about 210° to 218° C. At trial, the parties appear to have discussed only 63/37 (Sn/Pb) solder, which has a liquidus temperature of 183° C. However, the claims are not limited to that particular solder or a solder with that particular liquidus temperature.
. No assertion was made that defendant infring ed under the doctrine of equivalents.
. The file history was apparently not put into evidence.
. Although technical treatises and dictionaries fall within the category of extrinsic evidence, as they do not form a part of an integrated patent document, they are worthy of special note. Judges are free to consult such resources at any time in order to better understand the underlying technology and may also rely on dictionary definitions when construing claim terms, so long as the dictionary definition does not contradict any definition found in or ascertained by a reading of the patent documents.
. Although the trial judge's reasoning does not appear in the record, he must have relied on the testimony presented by Conceptronic that “solder reflow temperature" and "liquidus temperature” were synonymous and the undisputed testimony that the liquidus temperature of 63/37 (Sn/Pb) solder is 183° C.