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Judge Thynge issues recommendations regarding claim construction

In Hand Held Products, Inc. v. Amazon.com, Inc., et al., C.A. No. 12-768-RGA-MPT (D. Del. June 24, 2014), Magistrate Judge Mary Pat Thynge construed several terms of U.S. Patent No. 6,015,088, entitled “Decoding of Real Time Video Imaging.”  For a number of the disputed claims, the Court analyzed defendants’ arguments for indefiniteness under the standard recently revised by the Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, 2014 WL 2440536 (U.S. June 2, 2014) and concluded that four means-plus-function terms (“processing means for processing an imaged target,” “display means for continually displaying a real-time image of said target from said imaging and processing means,” “image capture means for selectively capturing at least one image displayed by said display means,” and “output means for outputting the decoded bar-coded information to said display means”) did not adequately disclose a structure and thus were indefinite.  The Report and Recommendation also addressed whether the steps of the patent’s method claims have to be performed in the recited order, concluding that parts did and parts did not. See id. at 10-13.

The Court construed the following terms:

“target”

“having at least one of optically readable and bar coded information contained thereupon”; “having at least one of optically readable and bar coded information contained therein”

“continually displaying a real time image of said target”

“selectively capturing and storing an instantaneous image of said target into the memory of a computer”; “selectively capturing . . . an instantaneous image”; “selectively capturing at least one image displayed by said display means”

“storing”

“bar-coded information”; “bar-code readable information”

“decoding bar-code information if bar-code readable information is contained on said instantaneous stored image”

“imaging means for imaging a target of interest, said target having at least one of optically readable and bar-coded information contained therein”

“target . . . therein”

“scanning means for scanning said at least one captured image and for determining the presence of bar-coded information in the field of view of said at least one captured image”

“decoding means for decoding any bar-coded information detected by said scanning means”

“discrimination means for discriminating the type of bar-coded information present in said at least one captured image”

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