Wednesday, January 11, 2017

Cloud Farm loses at CAFC

Cloud Farm Associates LP (“Cloud Farm”) sued
Volkswagen Group of America (“Volkswagen”) and ZF
Sachs AG (“ZF”) (collectively, “defendants”) in the United
States District Court for the District of Delaware alleging
infringement. Specifically, Cloud Farm alleged that
Volkswagen had infringed four patents directed towards
vehicular tilt control apparatuses, and that ZF had infringed
three of those patents. Following two rounds of
claim construction, the parties stipulated that, if the
district court’s constructions were not reversed or modified
on appeal, Cloud Farm could not prove infringement
of any asserted claims. Joint Stipulation 4-5, ECF 349-1.
Cloud Farm and Volkswagen further stipulated that
under the district court’s constructions, two asserted
claims are invalid as indefinite under 35 U.S.C. § 112. Id.
at 5–6. The district court adopted the joint stipulation
and entered a final judgment of non-infringement and
invalidity. Final Judgment 1-2, ECF 350. Cloud Farm
appeals the district court’s construction of several claim
terms. Because we agree with the district court’s construction
of those terms, we affirm.


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