Articles Posted in D. Del. Claim Construction Decisions

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Judge Richard G. Andrews recently issued a claim construction ruling in three related cases. Pragmatus Telecom, LLC v. Volkswagen Group of America, Inc., et al., Master Docket No. 12-1533-RGA (D. Del. Sept. 9, 2014).  The Court construed the following claim terms:

  • “server” and “the server”
  • “help request form including the customer IP address”
  • “upon selection of the remote help option, send a help request to the call center”
  • “a contact channel”
  • “a WWW server comprising ‘means for providing access by customers to a web page including a help request interface for receiving requests for help from customers’”
  • “CGI programs”
  • “automated call distribution system”
  • “call center” and “call centre”
  • “customer IP address”

The Court noted that during oral argument the parties agreed to constructions of the following terms, which the Court adopted:

  • “remote help option”
  • “help request form” and “help request” and “requests for help”

Based on the Court’s constructions, and adoption of the parties’ agreed constructions, the Court gave the following terms their plain and ordinary meaning:

  • “the remote help option provides for the selection of one of a plurality of different contact channels”
  • “help request form including the customer IP address”

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In EMC Corp. v. Zerto, Inc., C.A. No. 12-956-GMS (D. Del. Sept. 4, 2014), Judge Gregory M. Sleet issued an order recently construing the following claim terms of U.S. Patent Nos. 7,647,460; 6,073,222; 7,603,395; 7,971,091; and 7,577,867:

“storage system”

“to mirror at least some of the information written from the CPU to the first storage system in the second storage system”

“to mirror at least some of the information written from the CPU to the first storage system in both the second and third storage systems”

“means . . . for mirroring”

“controller”

“preservation memory”

“when a new block written to the mass storage system is to overwrite the original data block”

“original data block”

“event marker”

“pseudosnapshot”

“surfacing [a/the] copy of at least a portion of the series of transactions”

“surfacing of a copy of transactions” is construed to mean “generating a data structure from the dataset of a series of transactions.”

“surfacing of a copy of the at least a portion of the series of transactions” is construed to mean “generating a data structure from the dataset of the at least a portion of the series of transactions.”

“surfaced copy” is construed to mean “data structure generated from a dataset of transactions.”

“causes the production application to quiesce”

“quiescing the production application”

“quiescent state”

“write journal”

“client file index”

“data protection appliance (DPA) manager”

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Judge Sue L. Robinson recently construed the following claim terms of U.S. Patent No. 6,037,319 titled “Water-soluble packets containing liquid cleaning concentrates”:

“[L]ess than 7.5 wt.% water”1 and “[less than 5.0 wt.% water]”

“Liquid cleaning concentrate”

“water soluble”

“film”

“a polyvinyl alcohol film”

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In Comcast IP Holdings I, LLC v. Sprint Communications Company L.P., et al., C.A. No. 12-205-RGA (D. Del. Aug. 22, 2014), Judge Richard G. Andrews recently construed a single disputed term (“parsing”) found in U.S. Patent Nos. 7,012,916 and 8,204,046.  The Court explained that “[u]ntil recently, the parties had agreed that ‘parsing’ had a plain and ordinary meaning,” but now had submitted competing constructions.  Id. at 1.  Having heard oral argument on this issue on August 20, the Court did not adopt either party’s construction in full, but its construction (“An automated process of analyzing a string according to a set of rules of a grammar”) was closer to what plaintiff had proposed.  Id. at 3.

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Judge Andrews recently issued a claim construction opinion in Alltech Associates., Inc. v. Teledyne Instruments, Inc., C.A. No. 13-425-RGA (D. Del. Aug. 25, 2014).  The following terms from the plaintiff’s patents, U.S. Patent Nos. 8,115,930, 8,305,581, 8,305,582, and 8,314,934, were construed by the Court:

  • “during a/the/said chromatographic run”
  • “collecting the one or more components from the stream in a faction collector during the chromatographic run in response to a change in the composite signal during said chromatographic run”
  • “a fraction collector operatively adapted to collect a fraction in response to a change in the composite signal during said chromatographic run”
  • “collecting the one or more components from the stream in a fraction collector during the chromatographic run in response to a change in at least one of said signals during said chromatographic run”
  • “a fraction collector to collect at least one fraction corresponding to one of said components in response to a change in at least one of said signals during said chromatographic run”
  • “composite signal”
  • “obliterate”
  • “actively controlling fluid flow”
  • “active splitter”
  • “actively moving”

The following terms from the defendant’s patents, U.S. Patents Nos. 7,419,598 and 8,414,773, were construed:

  • “solvent-level indicating signal”
  • “initiating a replenishment process”
  • “immersing a solvent compatible portion of a pressure sensor or bubbler for generating the solvent-level indicating signal in the solvent reservoir before the chromatographic run”
  • “target time of run resolution”
  • “gradient profile”
  • “performing chromatography on the sample with the at least one gradient run for samples in which the target resolution and target time of run resolution were met with the at least one gradient run”
  • “pilot run”

 

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Judge Sue L. Robinson recently construed several claims of U.S. Patent No. 7,243,004, entitled “Self-configuring controls for heating, ventilating and air conditioning systems.  Carrier Corp. v. Goodman Global, Inc., et al., Civ. No. 12-930-SLR (D. Del. Aug. 14, 2014).  The following terms were construed:

 

  • “HVAC units”
  •  “data bus”
  • “central control”
  • “control algorithms”
  • “optimal control strategy”
  • “characteristic(s)” and “characteristic information”
  • “said control”
  • “connectivity kit”

Judge Robinson found that the following terms did not need to be construed by the Court, explaining that in light of the Court’s other claim constructions the jury would understand the limitations based on their plain and ordinary meaning:

  • “indoor unit” and “outdoor unit”
  • “determining an optimal control strategy for said indoor unit and said outdoor unit”
  • “selecting a particular one of said optimal control strategies”
  • “selecting one of said plurality of control algorithms”
  • “determine optimum control algorithms”

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In W.L. Gore & Associates, Inc. v. C.R. Bard, Inc. and Bard Peripheral Vascular, Inc., C.A. No. 11-515-LPS-CJB (D. Del. Aug. 8, 2014), Magistrate Judge Christopher J. Burke recently issued a Report and Recommendation construing six disputed terms of U.S. Patent Nos. 5,700,285 and 5,735,892, both entitled “Intraluminal Stent Graft.”

The Court construed the following terms:

“tubular, diametrically adjustable stent”/”diametrically adjustable stent”

“wall”

“multiplicity of openings”

“covering”

“affixed”/”affixing” and “the first tubular covering of porous expanded polytetrafluoroethylene is affixed to the second tubular covering of porous expanded polytetrafluoroethylene film through openings through the wall of the stent”

“collapsed diameter”/”enlarged diameter”

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Judge Richard Andrews recently issued his construction of several disputed claim terms of patents related to capturing images on mobile devices for document management, particularly processing checks. Mitek Sys., Inc. v. TIS America Inc., et al., C.A. No. 12-1208-RGS, Memo. Op. at 1 (D. Del. Aug. 6, 2014). Judge Andrews construed the following disputed terms:
- “smaller color image”
- “configured”
- “adapted to be recognized by at least one financial processing system”
- “entering the extracted financial content from identified the at least one field into a new financial document with at least one corresponding field”

Interestingly, with respect to the last term, which defendants asserted was insolubly ambiguous, Judge Andrews explained that “[t]he dispute here is that the term recites ‘from identified the,’ rather than ‘from the identified.’ Claim 9, on which claim 10 depends recites ‘from the identified.’ Clearly this term is a typo. It is within my power to correct it, and I therefore do so.” Id. at 4 (citing Novo Industries, L.P. v. Micro Molds Corp., 350 F.3d 1348 (Fed. Cir. 2003)).

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In Technology Innovations Associates v. Google, Inc., C.A. No. 13-0355-LPS (D. Del. Aug. 7, 2014), Chief Judge Leonard P. Stark recently construed a single term of the patents-in-suit – “sticky path” – having previously granted defendant’s request for early construction of this term.  The Court had agreed that this “proposed early, limited claim construction process would likely facilitate the just, speedy, and inexpensive determination of this action, even if the Court’s construction did not prove to be case dispositive.”  Id. at 1.  The Court adopted the plaintiff’s proposed construction, although the issue was a “close call.”  Id. at 6.

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Judge Gregory M. Sleet recently construed the following terms of U.S. Patent Nos. 7,587,508; 7,590,752; 7,779,138; 8,090,862; 8,099,513; and 8,266,315.  NonEnd Inventions N.V. v. Spotify USA Inc., C.A. Nos. 12-1041-GMS and 13-389-GMS (D. Del. Aug. 1, 2014).

“streaming (n.)”

“streaming (adj.)”

“streamed”

“network”

“peer-to-peer network”

“network of media players”

“peer system”

“a system for distributing media content”

“peer node”

“consumer node”

“device”

“production node”

“central node”

“autonomously”

“first communication channel”

“second communication channel”

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