Judge Gilstrap Refuses To Correct 'Typo' In Patent Claims

By Ryan Davis (September 15, 2015, 8:10 PM EDT) -- Eastern District of Texas Judge Rodney Gilstrap has invalidated as indefinite two claims of a patent on a system of remotely tracking vehicles and cargo, rejecting the patent owner's argument that the unclear phrase is a typographical error that the judge has the authority to correct.

Inventor Joseph Smith, who is suing Orbcomm Inc., StarTrak Information Technologies LLC and SkyBitz Inc. over the patent, argued that the phrase found to be indefinite contains a "obvious clerical error" that Judge Gilstrap should correct.

However, Judge Gilstrap, whose busy patent docket includes 20 percent of all patent cases filed in the U.S. last...

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