by Dennis Crouch
One-E-Way, Inc. v. Apple Inc., 22-2020 (Fed. Cir. Aug. 14, 2023) (nonprecedential) (Opinion by Chief Judge Moore, joined by Judges Lourie and Stoll).
The district court sided with Apple on summary judgment, finding no infringement. On appeal, the Federal Circuit has affirmed, holding that Apple's accused Bluetooth products do not infringe One-E-Way's patents. Although the parties had agreed to the construction of the "unique user code" term, they disagreed over the construction-of-the-construction. On appeal, the court treated this meta-construction effectively as a form of claim construction -- looking for the ordinary meaning rather than a contract-like interpretation that would have looked more toward discerning the intent of the parties.