Pleading Stage Claim Construction | Patently-O

by Dennis Crouch

UTTO Inc. v. Metrotech Corp., No. 2023-1435 (Fed. Cir. Oct. 18, 2024).\xa0 This new claim construction decision has two important focal points:

1. Is it proper at the motion-to-dismiss stage? (Answer: Yes, but with major caveats)
2. Is a plural also singular? (Answer: Sometimes, because in patent law, even basic grammar isn\'t safe from interpretation)

The case involves technology for detecting and identifying underground utility lines, with the dispute centered on the interpretation of the phrase "group of buried ،et data points" in UTTO\'s US9086441.\xa0 The accused device uses one data point at a time and argues no infringement.