After Claim Construction, District Court Allows Opposing Experts to Testify to Different Definitions of "Using" At Trial and the Jury Can Decide Who Had the Better Interpretation
The parties filed opposing motions against each side's expert witness over a dispute between the parties as to what the word "use" means. In its Markman order, the district court had construed the term "Internet Protocol network" ("an Internet Protocol network," "network utilizing at least one Internet Protocol," and "a network utilizing at least one Internet Protocol") to mean "an untrusted network using any protocol of the Internet Protocol Suite including at least one of IP, TCP/IP, UDP/IP, HTTP, and HTTP/IP. . . ."