Intellectual Ventures I LLC v. T-Mobile USA, Inc. (Fed. Cir. 2018) On September 4, 2018, the Federal Circuit vacated and remanded the district court’s grant of summary judgment that T-Mobile did not infringe Intellectual Ventures’ (IV) patent.  The court found that the district court applied an erroneous standard of claim construction which resulted in a too narrow reading of IV’s patent, rejecting T-Mobile’s arguments that the patentee disavowed the full scope of the claims during prosecution.  The court found that “[d]isavowal is an ‘exacting’ standard” which requires that the patentee demonstrate “an intent to deviate from the ordinary and accustomed meaning of a claim term through expressed manifest exclusion or restriction, representing a clear disavowal of claim scope.”  The court still upheld the district court’s finding of indefiniteness of the term “allocating means . . . so as to optimize . . .”