The Federal Circuit heard argument in J&M Manufacturing Co. v. Kinze Manufacturing, Inc., and Chief Judge Moore opened by sharply rebuking the patentee's counsel for how they conducted claim construction below. She described how J&M's team introduced its advocate by highlighting his engineering degree and decades of experience, and noted that two lawyers had clerked for Judge Prost, author of O2 Micro. Her response from the bench was blunt: "Shame. Shame."
Despite that rebuke, the panel appeared sympathetic to J&M on the merits. The district court had granted summary judgment that the claim term "askewed angle" was indefinite, but all three judges questioned Kinze's position, pressing why the term should not be read as simply broad rather than indefinite. The argument took place at Northwestern University Pritzker School of Law, and Judge Stoll paused several times to explain the relevant doctrine for the students in the room.
The case highlights a tension between advocacy tactics and substantive claim interpretation. While the court took issue with how J&M's lawyers framed their arguments, the judges' questioning suggests they may reverse the indefiniteness ruling and remand for further proceedings.