Trading Techs. Int’l, Inc. v. eSpeed, Inc., No. 04 C 5312, 2006 WL 3147697 (N.D. Ill. Oct. 31, 2006). (Moran, Senior J.)
Judge Moran issued this opinion construing the claims of the patents-in-suit after a Markman hearing. There are two items of special note. First, the opinion provides a thorough recitation of the claim construction standards post-Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005). Second, the Court provides further proof that claim construction is an organic process which can change througout a case, with this succinct quote:
Although our preliminary injunction construction aligned with plaintiff’s view, such construction was, simply put, preliminary.