Mymail, Ltd v. America Online, Inc et al, No. 6:04-cv-00189 (E.D. Tex. June 3, 2005)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

OF STEPS Whether certain steps must be performed in a certain order is an issue that the Court must decide as part of claim construction. See Altris v. Symantec, 318 F.3d 1363, 1369 (Fed. Cir. 2003). To determine whether steps of a claim must be performed in order, the Court “look[s] to the claim language to determine if, as a matter of logic or grammar, they must be performed in the order written.” Id.