Winvic Sales, Inc. v. Valuevision Media, Inc., No. 09 C 7807 Slip Op. (N.D. Ill. Oct. 14, 2011) (Guzman, J.).
Judge Guzman construed the claim terms in this patent case involving flameless candles. Of particular note, the Court held:
- The Court adopted defendant’s (“ShopNBC”) constructions of “upper portion” and “lower portion” because plaintiff Winvic waived its arguments by failing to propose claim construction.
- “The upper portion having a concave surface defining a recess therein” was construed as “the upper portion of the candle-like like body having a surface that is hollowed inward or rounded inward, regardless of whether the inward shape has curved or square edges, and thereby defining a recess therein.”
- “Substantially in the recess” was construed as “a considerable degree within the limits of the recess.”
- “Chamber” was construed as “a confined space.”