Cardsoft, LLC v. VeriFone, Inc., No. 14-1135 (Fed. Cir. Oct. 17, 2014)

From the Opinion

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CardSoft alleges that A ppellants infringe two patents directed to software for small, specialized computers , like payment terminals. In construing the patent claims, t he district court adopted CardSoft’s proposed construction for the claim term “virtual machine .” Applying the district court’s construction, a jury returned a verdict for Card- Soft. Because the district court erred in its c onstruction of “virtual machine,” and because CardSoft waived any argument that A ppellants infringe under the correct construction, we reverse.