Where a defendant who was found guilty of bank robbery challenged the admission of Facebook videos that showed him displaying guns and ammunition, the District Court did not err in admitting the videos as intrinsic evidence
under Rule 404(b), and the judgment is affirmed because the defendant specifically requested ajury instruction on aiding and abetting the use, carrying or brandishing of a firearm during a crime of violence, so he waived the right to contest it.
"The Court construes 'cam mechanism' and the 'member' term to mean 'a structure including two or more cams.' In adopting this construction, the Court has modified DePuy's proposal to account for the fact that cams, by definition, 'make sliding or rolling contact with the tibial post as the knee bends.' It is unnecessary to repeat that phrase in defining 'cam mechanism' and the 'member' term, as it is implicitly incorporated by the word 'cam.' The construction adopted by the Court is supported by the intrinsic evidence
. The common specification criticizes single-cam structures and repeatedly references multiple cams and/or multiple points of cam action.
The court concludes that the threat evidence is admissible evidence as intrinsic evidence
or, at the very least, under Rule 404(b).
However, viewing this requirement through the Phillips framework, deference is only appropriate if the Federal Circuit concludes that a claim's meaning is ambiguous after conducting a de novo review of the intrinsic evidence
. Thus, the Federal Circuit only grants deference to a district court if the intrinsic record leaves a lingering ambiguity as to a term's meaning.
Sandoz decision, many district courts focused claim construction on the intrinsic evidence
, i.e., (1) the claims and body of the patent and (2) the prosecution history before the U.S.
A* 112, 2 so long as a person skilled in the art would be able to discern its meaning from the intrinsic evidence
in the patent the claim language, the specification and the prosecution history.
As a general rule, NAD noted that it is reluctant to recommend a product name change in absence of intrinsic evidence
of consumer confusion.
The model chart requires the parties to list the terms at issue, their respective proposed construction of such terms, and the intrinsic evidence
supporting the proposed construction.
He discusses the work's authorship: it has been attributed to a number of different authors, but there is "no intrinsic evidence
against the authorship of Yahya ibn 'Adi"; he also notes the alternative title of Siyasat al-nafs (Governance of the Soul), which is associated with the oldest manuscript of the work (pp.
To the court's chagrin, the patent claimant may attempt to use this extrinsic evidence at the ensuing Markman hearing to broaden the scope of the patent beyond the clear limits imposed by the intrinsic evidence
In response, plaintiff Teva relied upon its expert, who testified that a person of ordinary skill in the art would understand that the term "average molecular weight" had a specific meaning in view of the intrinsic evidence
. Crediting and accepting Teva's expert's testimony, the district court ruled that the claims were not indefinite.
"In this case, a skilled artisan would understand the inherent parameters of the invention as provided in the intrinsic evidence
," the Federal Circuit ruling said in part.