Ericsson wins non-SEP claim construction at ITC against Lenovo

https://www.linkedin.com/posts/ipfray_ericsson-has-defeated-lenovo-on-claim-construction-activity-7183368094721990657-eh5R?utm_source=share&utm_medium=member_desktop

Ericsson has defeated Lenovo on claim construction in its non-SEP case (inv. 337-TA-1376) before the U.S. International Trade Commission.

A public redacted version of a mid-March Markman order is now available. ALJ Cameron Elliot had to construe multiple claim terms. The parties agreed on many, and of the disputed ones, Ericsson has won everything with the minor caveat that one aspect of one term ("content encryption key") requires further evidence. Having read the judge's discussion of that term, it won't be easy for Lenovo to persuade the ITC (even with expert evidence etc.) that a person skilled in the art would understand "content encryption key(s)" to relate only to symmetrical and not asymmetrical keys.

Given that this is a non-SEP case, there is a possibility that even if Ericsson prevailed on all of the patents-in-suit (they're not there yet, but it's going well for them), Lenovo might be able to work around those patents. If hardware changes are involved, that would have logistical implications though.

Ericsson's virtually clean sweep at Markman may not yet pave the way for a settlement, but it is a significant step.