Claim Construction: Failure to Submit Contrary Definition Results in Inferred Agreement

Brembo v. Alcon Components (N.D. Ill. 2005).

IndyCarBrakesDanica Patrick has been in the media spotlight since her fourth-place finish in this weekend’s Indianapolis 500.  Now, the Brembo brakes on her Indy-car are the subject of a patent infringement lawsuit. 

One disputed claim term was “single part.”  Interestingly, because Alcon provided “no definition for the word ‘single,’ . . . the Court infer[red] that Alcon does not dispute Brembo’s proposed definition.” 

As with virtually all claim construction decisions.  This one is expected to be appealed. 

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