Full opinion text
CORRECTED ORDER: 1)CONSTRUING DISPUTED CLAIM TERMS OF U.S. PATENT NOS. 4,866,349 AND 5,081,400 [Docket Nos. 323, 343]; 2) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [Docket No. 344]; 3) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [Docket No. 362]; 4) DENYING PLAINTIFF’S MOTION TO STRIKE [Docket No. 370] AND DEFENDANTS’ MOTION IN LI-MINE [Docket No. 374] 5)SETTING FURTHER CASE MANAGEMENT CONFERENCE SPERO, United States Magistrate Judge. I. INTRODUCTION In this action, Plaintiff University of Illinois (“UI”) has sued various Fujitsu Defendants (“Fujitsu”) for infringement of two patents (“the Patents”): 1) United States Patent No. 4,866,349 (“the '349 patent”); 2) United States Patent No. 5,081,-400 (“the '400 patent”). The '400 patent is a continuation of the '349 patent, and both are entitled “Power Efficient Sustain Drivers and Address Drivers for Plasma Panel.” Currently before the Court is the parties’ dispute over the proper construction of a number of the claims in the two patents. The parties also have filed cross-motions for summary judgment: Fujitsu seeks a declaration that claims 5-11 of the '349 patent are invalid due to indefiniteness while UI seeks a declaration that the same claims are not invalid due to indefiniteness. Finally, the parties have filed motions to exclude or strike expert testimony. A tutorial was held on April 28, 2003, and a hearing on the motions and claim construction was held on April 29 and April 80, 2003. II. ANALYSIS A. Legal Standard 1. Claim Construction Patent claims define the scope of the patentee’s rights under the patent. Markman v. Westview Instruments, Inc., 52 F.3d 967, 970-971 (Fed.Cir.1995). The construction of patent claims is a matter of law exclusively for the court. Id. In construing a claim, the court must look first to the words of the claim itself. Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.Cir.1996). The words used in the claim are interpreted in light of the intrinsic evidence, that is, the specification and other claims in the patent, and the prosecution history, if in evidence. CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366 (Fed.Cir.2002). Such intrinsic evidence is the most significant source of the legally operative meaning of disputed claim terms. Vitronics, 90 F.3d at 1582. Courts may also use extrinsic evidence in construing claim terms. Markman, 52 F.3d at 980. Dictionaries and treatises have been held to be particularly useful resources in construing claim terms. Texas Digital Systems, Inc. v. Telegenix, Inc., 308 F.3d 1193, 1202 (Fed.Cir.2002). Courts may also consider expert testimony, the testimony of the inventor and prior art, whether or not it is referenced in the specification, or the prosecution history. Vitronics, 90 F.3d at 1584. As the court explained in Markman, “[extrinsic] evidence may be helpful to explain scientific principles, the meaning of technical terms, and terms of art that appear in the patent and prosecution history.” 52 F.3d at 980. “Extrinsic evidence may demonstrate the state of the prior art at the time of the invention.” Id. However, extrinsic evidence may not be used to vary or contradict the terms of the claims. Id. at 981. There is a strong presumption that a claim term carries the ordinary and customary meaning that would be ascribed to that term by a person of ordinary skill in the field of the invention. The Toro Company v. White Consolidated Industries, 199 F.3d 1295, 1299 (Fed.Cir.1999). This presumption may be overcome, however, in at least two situations. First, a term may be given a meaning other than the ordinary meaning where the inventor has acted as his own lexicographer. Such a special definition must be “clearly stated” in the patent specification. Vitronics, 90 F.3d at 1582. “The specification acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication.” Id. Second, the presumption may be overcome where the prosecution history shows that the inventor defined the term in a way that deviates from the ordinary and common usage, or expressly disavowed a particular meaning. Teleflex, Inc. v. Ficosa North America Corp., 299 F.3d 1313, 1326 (Fed.Cir.2002). Therefore, “[a]rguments and amendments made during the prosecution of a patent application and other aspects of the prosecution history ... must be examined to determine the meaning of terms in the claims.” Id. (citing Southwall Techs., Inc. v. Cardinal IG Co., 54 F.3d 1570, 1576 (Fed.Cir.1995)). In construing “means-plus-function” claim limitations, certain additional rules apply. A “means-plus-function” claim is a special type of claim provided for in 35 U.S.C. § 112, ¶ 6, which provides: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 35 U.S.C. § 112, ¶ 6. This provision allows an inventor to describe an element of the invention by the results accomplished or the function served rather than by describing the item or element to be used. Warner-Jenkinson Co., Inc. v. Hilton Davis Chemical, Co., 520 U.S. 17, 20, 117 S.Ct. 1040, 137 L.Ed.2d 146 (1997). The Federal Circuit has described the principles governing construction of a means-plus-function claim as follows: Construction of a means-plus-function limitation involves two steps. First, the court must identify the claimed function. ... The court must construe the function of a means-plus-function limitation to include the limitations contained in the claim language, and only those limitations.... It is improper to narrow the scope of the function beyond the claim language.... It is equally improper to broaden the scope of the claimed function by ignoring clear limitations in the claim language.... Ordinary principles of claim construction govern interpretation of the claim language used to describe the function.... After identifying the claimed function, the court must then determine what structure, if any, disclosed in the specification corresponds to the claimed function.... In order to qualify as corresponding, the structure must not only perform the claimed function, but the specification must clearly associate the structure with performance of the function.... This inquiry is undertaken from the perspective of a person of ordinary skill in the art.... Alternative embodiments may disclose different corresponding structure, and the claim is valid even if only one embodiment discloses corresponding structure.... If, however, this inquiry reveals that no embodiment discloses corresponding structure, the claim is invalid for failure to satisfy the definiteness requirement of § 112, ¶ 2. Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., 296 F.3d 1106, 1113 (Fed.Cir.2002). 2. Summary Judgment The parties bring cross-motions for summary judgement seeking a legal determination that claims 5-11 of the '349 patent are (or are not) indefinite, and therefore invalid, either because the claims are internally inconsistent or because there is no corresponding structure. The requirement that claims be sufficiently “definite” is set forth in 35 U.S.C. § 112, ¶2, which provides that, “[t]he specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.” “The definiteness inquiry focuses on whether those skilled in the art would understand the scope of the claim when the claim is read in light of the rest of the specification.” Union Pacific Resources Co. v. Chesapeake Energy Corp., 236 F.3d 684, 692 (Fed.Cir.2001). In order to “accord respect to the statutory presumption of patent validity,” a claim should be found indefinite “only if reasonable efforts at claim construction prove futile.” Exxon Research and Engineering Co. v. United States, 265 F.3d 1371, 1375 (Fed.Cir.2001). Thus, a claim is not indefinite simply because its meaning is not ascertainable from the face of the claims. Amgen, Inc. v. Hoechst Marion Roussel, Inc., 314 F.3d 1313, 1342 (Fed.Cir.2003). A claim is indefinite, however, if it is “insolubly ambiguous, and no narrowing construction can properly be adopted.” Id. (citations omitted); see also Omega Engineering, Inc. v. Cole-Parmer Instrument Co., 198 F.Supp.2d 152 (D.C.Conn.2002)(holding that where dependent claims required a center dot but independent claims from which they were derived precluded a center dot, former claims were invalid for failure to satisfy the definiteness requirement because claims were logically contradictory). In addition, a means-plus-function claim is indefinite where the specification does not disclose any corresponding structure. Cardiac Pacemakers, Inc., 296 F.3d at 1114. On a motion for summary judgment, the moving party must demonstrate that there is no genuine issue as to any material fact. Fed.R.Civ.P. 56(c). “A determination of claim indefiniteness is a legal conclusion that is drawn from the court’s performance of its duty as the construer of patent claims.” Personalized Media Communications, LLC v. Int’l Trade Comm’n, 161 F.3d 696, 705 (Fed.Cir.1998). Further, even where the court considers conflicting evidence in determining the proper meaning of the claims, an issue of fact usually is not created for the purposes of summary judgment. Johnston v. IVAC Corp., 885 F.2d 1574, 1580 (Fed.Cir.1989). A fact question may arise if there is a “a genuine evidentiary conflict created by the underlying probative evidence pertinent to the claim’s interpretation.” Id. However, “conflicting opinions on the meaning of a term which are merely conclusory do not create such evidentiary conflict.” Id. Where there is a factual dispute, the moving party must prove invalidity with clear and convincing evidence. Budde v. Harley-Davidson, Inc., 250 F.3d 1369, 1376-1377 (Fed.Cir.2001). B. Evidentiary Motions Both Fujitsu and UI bring evidentiary motions related to the claim construction briefing and hearing. UI brings a Motion to Strike Portions of Dr. Silzars’ Declaration. Fujitsu brings two motions: 1) Motion in Limine to Limit Expert Testimony of UI’s Expert, Dr. Inan, at the April 29 Hearing; and 2) Objections to Evidence. All three motions are DENIED. In its Motion to Strike, UI argues that portions of the declaration by Dr. Silzars filed in support of Fujitsu’s claim construction brief should be stricken under Fed.R.Civ.P. 37(c)(1) because that declaration contains material that was not included in the expert report by Dr. Silzars that was provided to UI in December 2002, when the parties exchanged expert reports. According to UI, Fujitsu’s failure to provide the complete report in December, prior to Dr. Silzars’ deposition, violated Fed.R.Civ.P. 26(a)(2)(B). UI argues that as a sanction, the additional portions of the declaration that were not included in the earlier report should be stricken. UI’s argument fails for two reasons. First, it is evident from the record that the parties understood that the expert reports exchanged in December would be more detailed than the summaries required under Patent Local Rule 4-3, but would not be subject to the expert disclosure requirements of Rule 26. See, e.g., December 13, 2002 e-mail from Stephen Richeson to Roman Melnick, Exh. D to Declaration of Stephen W. Ritcheson in Support of Defendants’ and Counterclaimants’ Opposition to the University of Illinois’ Motion to Strike Portions of Dr. Silzars’ Declaration (“I think we are in agreement that these reports, although not technically subject to Rule 26, are going to be like Rule 26 reports in the sense that they will be full-fledged reports rather than Rule 4-3 summaries”)(emphasis added). Second, even if the Court were to find that the requirements of Rule 26 applied, sanctions under Fed.R.Civ.P. 37 would not be warranted. Fujitsu’s failure to comply (if any) was substantially justified because Fujitsu believed in good faith that Rule 26 did not apply to the expert reports. Any failure was also harmless, as UI has failed to establish that it has suffered any prejudice. See Fed.R.Civ.P. 37(c)(1) (allowing for exclusion of evidence where party fails to comply with requirements of Rule 26 “without substantial justification” unless the failure to comply was “harmless”). Fujitsu argued in its Motion in Limine that Dr. Inan should not be allowed to offer any testimony at the claim construction hearing beyond that which is contained in his expert report because Dr. Inan, at his deposition, was unprepared to rebut the opinions of Fujitsu’s expert, refused to answer many of Fujitsu’s questions and frequently was coached by his attorneys. Because UI did not introduce any testimony by Dr. Inan at the claim construction hearing other than his declaration, this motion is moot and accordingly, is DENIED. In its Objections to Evidence, Fujitsu objects to the March 23, 2003 declaration and attached exhibits of Dr. Donald Bitzer, UI’s previous expert, as well as to the six patents attached as exhibits to the March 24, 2003 Declaration of Reynaldo C. Bareelo. Fujitsu argues that the Court should not consider the declaration and exhibits because they were submitted in violation of Patent Local Rule 4-3, under which all extrinsic evidence and expert witnesses to be used at the claim construction hearing were to be disclosed in the parties’ December 6, 2002 Joint Claim Construction and Pre-hearing Statement. The Court declines to exclude this evidence for two reasons. First, at least part of Dr. Bitzer’s declaration constitutes rebuttal, to the extent that Dr. Bitzer addresses Fujitsu’s characterization of Dr. Bitzer’s own prior testimony in the ITC action. Patent Local Rule 4-5 expressly permits such rebuttal testimony. Second, to the extent that the Bitzer Declaration, as well as the Bareelo Declaration, seek to introduce previously undisclosed evidence that goes beyond rebuttal, the Court finds that exclusion is not required. Fujitsu was allowed to present the sworn testimony of its expert, Dr. Silzars, at the claim construction hearing to address the significance of the patents attached as exhibits to the Bitzer and Bareelo declarations. Thus, Fujitsu has been given the opportunity to cure any prejudice that may have resulted from UI’s failure to disclose these patents in their December 6, 2002 statement. C. Disputed Claim Terms In this Order, the Court construes the following 17 claim terms identified on the University’s Comparison Chart: Claim Terms 7-9, 11, 14-16, 21-23, 30, 33-34, 39, and 42-44. In addition, the Court addresses the invalidity arguments raised in the parties’ summary judgment motions based on Claim Terms 8, 16, 19, and 46. 1. Claim Terms 7 and 8 The parties dispute the proper construction of language that is contained in claim 5 of the '349 patent. The relevant language of claim 5 provides as follows: 5. An ac plasma panel having panel capacitance and comprising: a plurality of X and Y dimension address electrodes, intersections between said address electrodes defining address cells [Claim Term 6]; address means for applying a signal to selected X and Y address electrodes to discharge at least one selected address cell associated with said selected electrode and create wall charges at said selected cell [Claim Term 7]; sustain means for subsequently energizing said address electrodes [Claim Term 8], which energization in combination with said wall charges at said selected cell discharges said cell ... There are two primary disputes between Fujitsu and UI regarding Claim Terms 7 and 8. First, the parties disagree as to whether Claim Term 7 describes Independent Sustain and Address (“ISA”) panels, as Fujitsu argues, or if it excludes ISA panels, as UI argues. Second, the parties disagree on the question of corresponding structure. Fujitsu sets forth its arguments regarding the proper construction of Claim Terms 7 and 8 in its summary judgment motion. First, Fujitsu asserts that the terms “address electrodes” and “address cell” were understood by one of ordinary skill in the art in 1986 to refer to elements found only in ISA panels. Fujitsu Summary Judgment Motion at 8-10. Therefore, use of these terms in Claim Term 7 supports the conclusion that it describes an ISA panel only and cannot describe a non-ISA panel, such as a standard or triple-electrode configuration. Id. at 10. Second, Fujitsu argues that the only structure disclosed in the '349 patent as an address means is a driver that is shown in Figure 2 of the '349 patent, which can only be used with ISA panels. Id. at 11-13. Third, Fujitsu argues that Claim Term 8 can only describe a non-ISA panel. Id. at 13-16. Because Claim Term 7 describes only an ISA panel and Claim Term 8 describes only a non-ISA panel, Fujitsu argues, claim 5 (and accordingly, claims 6-11, which are dependent on claim 5) is invalid. Id. at 19. In addition, Fujitsu argues that there is no corresponding structure for Claim Term 8, and therefore, claim 5 is invalid on that basis as well. Id. at 18. UI argues that there is no contradiction between Claim Terms 7 and 8 and that both exclude ISA panels. UI Opposition to Summary Judgment Motion at 3-14. First, UI points out that the preamble to claim 5 refers to an “ac plasma panel” whereas the preambles of all of the other independent claims in the '349 patent refer to an “independent sustain and address ac plasma panel.” Id. at 5. Second, UI relies on Claim Term 8. Id. at 4-5. UI agrees with Fujitsu that Claim Term 8 can only describe a non-ISA panel, but argues that this means that the disputed language in Claim Term 7 should be construed to describe a non-ISA panel as well. Id. UI argues further that the language of Claim Term 7 is consistent with this conclusion because a person of ordinary skill in the art would understand that the electrodes in a non-ISA panel are sometimes also used to perform a sustain function and therefore, that the words “address electrodes” in Claim Term 7 must mean “electrodes used at least to perform an addressing function in a panel display.” Id. at 12. Likewise, UI argues, a person of ordinary skill would construe the phrase in Claim Term 8, “energizing said address electrodes” to mean “energizing some or all address electrodes,” as would be the case in non-ISA panels. Id. at 10-11. Finally, UI argues that the patent discloses as corresponding structure for Claim Term 7 not only the address driver shown in Figure 2 (which works with ISA panels), but also conventional address drivers, such as totem-pole drivers, which are used with non-ISA panels. a. Claim Term 7 i. Meaning Fujitsu argues that Claim Term 7 should be construed as follows: Specific structures that are used for applying a signal to specified X and Y address electrodes and causing a discharge that creates wall charges at an address cell, which is used only during the addressing operation and not as a normal display pixel. A “wall charge” is an electrical charge that is created during the initial addressing operation and is used, in conjunction with the sustain voltage, to maintain gas discharges. University Comparison Chart at 2. UI, on the other hand, asserts that an “address electrode” should be construed to mean “ ‘electrodes used at least to perform an addressing function in a panel display’ since the address electrodes in non-ISA panels are sometimes also used to perform a sustaining function.” UI Claim Construction Brief at 18 (emphasis in original). UI also asserts that Fujitsu is incorrect in its position that an “address cell” is used only for addressing. Id. at 16-17. However, UI offers no alternative definition for this term. Finally, UI disputes Fujitsu’s proposed construction of the term “wall charge,” which, UI argues, imposes an unwarranted time limitation by suggesting that wall charges are only created during the addressing operation. Id. at 18. UI proposes, instead, that the words “wall charge” be defined as “charges which, in conjunction with the sustain voltage, operate to maintain discharges.” UI Comparison Chart at 2. The Court begins its analysis by looking to the words of Claim Term 7 and, in particular, the terms “address cell” and “address electrode.” See CCS Fitness, Inc., 288 F.3d at 1866 (Fed.Cir.2002) (holding that courts should look first to the words of the claims). The Court concludes that the common and ordinary usage of these terms, as reflected in both the patent specification and claims and the scientific literature, reflects that these terms are specific to ISA panels. See The Toro Co., 199 F.3d at 1299 (holding that there is a strong presumption that words carry their common and ordinary meaning). With respect to the claims and specification of the '349 patent, several factors, when considered together, support the conclusions that an “address cell” describes a structure that is found only in an ISA panel and the term “address electrode” refers to electrodes used only for addressing. First, the term “address cell” is expressly defined earlier in claim 5 as follows: a plurality of X and Y dimension address electrodes, intersections between said address electrodes defining address cells; claim 5 (Claim Term 6), '349 patent. This language describes a configuration that is unique to ISA panels, in which separate electrodes are used for addressing and sustaining, resulting in a panel in which the pixels are distinct from the address cells. Silzars Decl. at 18-21. Figure 2 of the '349 patent also supports the conclusion that the term “address cell” is specific to ISA panels. That figure identifies the intersection of two address electrodes on ah ISA panel as an “address1 cell.” See Lacks Industries, Inc. v. McKechnie Vehicle Components USA, Inc., 322 F.3d 1336 (Fed.Cir.2003) (affirming construction of term by district court based, in part, on the fact that terms were explicitly identified in one of the patent drawings). Second, the written description in the '349 patent supports the conclusion that the terms “address electrodes” and “address cell” are used in the claims to describe an ISA panel. For example, the term “address electrode” is used only in the context of describing an ISA panel, supporting the conclusion that that term referred to an electrode that is used for addressing only. See, e.g., '349 patent, col. 1, 11. 63-67 (“The ISA plasma panel technique includes the addition of an independent address electrode between the sustain electrodes”). Conversely, in the generic description of plasma display panels in the specification, the electrodes are not referred to as “address electrodes” but simply as “electrodes” and the term “address cell” is not used, even though the description refers to the intersections of electrodes. See '349 patent, col. 1, 11. 17-22. Finally, the scientific literature during the relevant time period also supports the conclusion that a person of ordinary skill in the art would understand Claim Term 7 to refer to an ISA panel and not to a standard or triple-electrode configuration. Much of this literature is written by the inventors on the '349 patent and explains in great detail what the terms “address cell” and “address electrode” meant. For example, in an article by one of the inventors, Dr. Weber, published in 1988, he uses the term “address cell” to define the intersection of the address electrodes in an ISA panel: The new ISA technique uses separate electrodes for addressing the pixels and sustaining them once they are on.... The pixels are addressed through address cells at the intersections of the address electrodes ... which connect to the address drivers. Larry F. Weber, Plasma Displays For Portable Computers, Information Display, April 1988 at 11, Exh. 23 to Silzars Decl. Similarly, in the patent disclosing the ISA panel, U.S. Patent No. 4,772,884 (the '884 patent), Weber defines the term “address cell” as follows: The intersections of each X and Y address electrode forms what will be referred to as an “address” cell. This address cell is used only during addressing operation and is not used as a normal display pixel. ’884 patent, col. 6, 11. 31-34, Ex. 21 to Silzars Decl. Finally, the dissertation thesis of another inventor, Dr. Warren, suggests the term “address cell” was coined to distinguish ISA panels from other configurations: In an ISA panel, all the changes of state for a given display pixel are initiated at a neighboring cell. Note, in this last sentence, the terms display pixel and cell were both deliberately used. In previous discussions these two terms were interchangeable, because in the standard XY AC plasma technology all of the cells in the panel were display pixels. This is not true in the ISA technology. Since there are functionally two types of AC plasma cells in an ISA panel, it has become necessary to discriminate between them. Kevin Wilson Warren, Addressing Theory and Performance Enhancements for the Independent Sustain and Address AC Plasma Display at 26 (1990) (unpublished PhD dissertation, University of Illinois), Exh. 26 to Silzars Decl. UI’s arguments in favor of its proposed construction of Claim Term 7, while carrying some force, are ultimately unpersuasive. UI relies on the language of Claim Term 8, the words used in the preamble of claim 5, and the description of the invention in the patent to support its position that Claim Term 7 describes a non-ISA panel. First, UI argues that because Claim Term 8 calls for a “sustain means” for energizing “address electrodes,” one of ordinary skill in the art, based on this language, would understand that “an ‘address cell’ is used not only during the addressing operation, but also during the sustaining operation of the panel.” Inan Report at 11. Similarly, UI asserts that Claim Term 8 would inform one of ordinary skill in the art that “address electrodes” means “electrodes used at least to perform an addressing function,” that is, electrodes used for both addressing and sustaining. Id. at 8. The problem with this argument is that it requires that the common and ordinary meaning of the terms “address electrode” and “address cell” be ignored. It is improper for the Court to attribute a meaning to these terms that is different from their common and ordinary usage where, as here, the Court finds no clear intent on the part of the drafters to do so. See Vitronics Corp., 90 F.3d at 1582. Next, UI points to the fact that claim 5 refers to an “ac plasma panel” rather than to an “independent sustain and address AC plasma panel,” as do many of the other claims of the '349 patent. Based on the doctrine of “claim differentiation,” UI argues that this reflects an intent on the part of the drafters of the patent to draft claim 5 to cover panels other then ISA panels. Under that doctrine, “there is presumed to be a difference in meaning and scope when different words and phrases are used in separate claims.” Tandon Corp. v. United States International Trade Commission, 831 F.2d 1017 (Fed.Cir.1987). This argument is not entirely unpersuasive. Indeed, the description of the '349 patent suggests an intent on the part of the drafters to cover non-ISA as well as ISA panels. The description states as follows: The new sustainer can be applied to standard plasma panels, or the new ISA plasma panel, as well as to other types of display panels requiring a panel electrode driver, such as electroluminescent or liquid crystal panels having inherent panel capacitance. '349 patent, col. 8, 11. 32-36. This argument fails, however, because the drafters used terms that, when read in conjunction with Claim Term 6, namely, “X and Y dimension address electrodes, intersections between said address electrodes defining address cells,” can only describe an ISA panel. In the face of this language, the Court may not adopt an alternative construction of Claim Term 7 to give effect to what it speculates may have been the intent of the drafters of the patent or the inventor. See Markman, 52 F.3d at 984 (holding that “[t]he subjective intent of the inventor when he used a particular term is of little or no probative weight in determining the scope of a claim (except as documented in the prosecution history”)); Allen Engineering Corp. v. Bartell Industries, Inc., 299 F.3d 1336, 1349 (Fed.Cir.2002) (holding that “[i]t is not our function to rewrite claims to preserve their validity”). Accordingly, the Court adopts Fujitsu’s proposed construction of Claim Term 7. ii. Corresponding Structure The parties agree that Claim Term 7 is in means-plus-function form, and therefore, is subject to the requirements of 35 U.S.C. § 112 paragraph 6. Construction of such a limitation requires the court first to identify the function of the limitation and then the corresponding structure. BBA Nonwovens Simpsonville, Inc. v. Superior Nonwovens, LLC, 303 F.3d 1332, 1343 (Fed.Cir.2002). Fujitsu argues that the function of Claim Term 7 is “applying a signal to specified X and Y address electrodes and causing a discharge that creates wall charges at an address cell, which is used only during the addressing operation and not as a normal display pixel.” Fujitsu contends that the only structure disclosed in the patent that performs this function is the address driver circuitry depicted in Figure 2 and described in column 3,1. 43 through column 8,1. 22 of the '349 patent. UI, on the other hand, argues that the function is only “applying a signal” and that the words “to selected X and Y address electrodes to discharge at least one selected address cell associated with said selected electrode and create wall charges at said selected cell” should not be included in the function. UI asserts that in addition to the address driver circuitry depicted in Figure 2 (which UI does not dispute constitutes corresponding structure for Claim Term 7), the patent discloses as corresponding structure for Claim Term 7 “totem-pole drivers” and “prior plasma panel address driver circuits.” See '349 patent, col. 2, 11. 32-45. The Court concludes that Fujitsu’s position is correct. In determining the function of a means-plus-function limitation, “a claimed function may not be improperly narrowed or limited beyond the scope of the claim language.” Lockheed Martin Corp. v. Space Systems/Loral, Inc., 249 F.3d 1314, 1324 (Fed.Cir.2001). Conversely, “neither may the function be improperly broadened by ignoring the clear limitations contained in the claim language.” Id. Thus, “[t]he function of a ‘means-plus-function’ claim must be construed to include the limitations contained in the claim language.” Id. Language that merely states the result of the function is not part of the function because it adds nothing to the substance of the claim. Id. Applying these principles, the Court concludes that the function of Claim Term 7 is “addressing by applying a signal to selected X and Y electrodes to discharge at least one selected address cell associated with said selected electrode.” The Court rejects UI’s exclusion of the words “to selected X and Y electrodes to discharge at least one selected address cell associated with said selected electrode” on the basis that this would amount to ignoring clear description of the function in the claim language. Nor does the court find that the decision in BBA Nonwovens justifies a contrary result. In that case, the words of the claim that were at issue described the location of the function, rather than the function itself. See 303 F.3d at 1344. As a result, the court in that case concluded that these words constituted a separate limitation that was not subject to §112 paragraph 6. Here, in contrast, the words at issue describe what the structure is supposed to do, that is, they describe the function itself rather than setting forth a separate limitation. Accordingly, these words must be included in the function. See Lockheed Martin, 249 F.3d at 1324. On the other hand, the Court finds that the words “and create wall charges at said selected cell” merely state a result and therefore, are not part of the function. See id. Turning to corresponding structure, the issue in dispute is whether or not the totem-pole drivers and prior plasma address drivers mentioned in the description of the '349 patent can be considered corresponding structure. The Court concludes that they cannot. In order to constitute corresponding structure, a structure must be “clearly linked” to the claimed function. See Medtronic, Inc. v. Advanced Cardiovascular Sys., Inc., 248 F.3d 1308, 1311 (Fed.Cir.2001) (holding that the requirements of § 112, ¶ 6 were not met where structures disclosed performed claimed function but where there was no clear link or association between them). Even assuming that the structures identified by UI perform the function described by Claim Term 7, they cannot constitute corresponding structure because they are not “clearly linked” to the claimed function. On the contrary, the structures identified by UI as corresponding structure are expressly distinguished from the claimed invention. See SciMed Life Sys. Inc. v. Advanced Cardiovascular Sys., Inc., 242 F.3d 1337, 1340 (Fed.Cir.2001) (holding that “[w]here the specification makes clear that the invention does not include a particular feature, that feature is deemed to be outside the reach of the claims of the patent, even though the language of the claims, read without reference to the specification might be considered broad enough to encompass the feature in question”). In particular, the patent description states as follows: The new driver circuit utilizes open-drain (N-channel or P-channel) MOS-FET output structure which can be made at a lower cost compared to the normally used totem-pole drivers. A unique feature of the present invention resides in a technique used to apply the proper positive and negative pulses to the ISA plasma display panel by using identical, low-cost N-channel, open-drain MOSFET devices. Thus, in contrast with prior plasma panel address driver circuits that must be able to pull high (i.e. drive the plasma panel with a positive pulse) and pull low (i.e. drive the plasma panel with a negative pulse) the unique feature of the present invention enables the N-channel open-drain MOS-FET devices only to be designed to pull low. '349 patent, col. 2, 11. 32-45 (language relied on by UI in bold). Therefore, the Court concludes that the only corresponding structure for Claim Term 7 is the address driver depicted in Figure 2 and described in columns 3-8 of the '349 patent, that is, the pull-low only devices that are connected to a “common bus,” called an “open-drain” configuration. b. Claim Term 8 i. Meaning The parties agree that Claim Term 8 describes a non-ISA panel because it requires that address electrodes be energized by a “sustain means,” which can never occur in an ISA panel. See Fujitsu Summary Judgment Motion at 15 (quoting Inan Report at 6). The parties disagree, however, with respect to the implications of this construction of Claim Term 8, namely, whether Claim Term 8 makes claim 5 “insolubly ambiguous” and thus invalid. The parties also disagree as to the meaning of “said address electrodes” and whether it excludes three-electrode panels. The Court’s conclusion with respect to the first issue flows from its construction of Claim Term 7. In particular, because the Court concludes that Claim Term 7 can only describe an ISA configuration and Claim Term 8 excludes ISA panels, claim 5 contains a logical contradiction that precludes a practitioner of ordinary skill in the art from determining the scope of the claim. See Omega Engineering, 198 F.Supp.2d 152. Accordingly, the Court concludes that claim 5 is invalid for indefiniteness under 35 U.S.C. § 112 paragraph 2. Claims 6-11 of the '349 patent are also invalid because they are dependent on claim 5. The parties also ask the Court to construe the meaning of the words “said address electrodes.” Fujitsu argues that the word “said” refers back to the words “a plurality of X and Y dimension address electrodes,” used earlier in claim 5, see '349 patent, col. 17, 1. 11, and therefore, that Claim Term 8 cannot describe a three-electrode panel because in three-electrode panels, only Y electrodes are used for sustaining. UI argues that “said address electrodes” does not require that the sustain means energize both X and Y address electrodes. Rather, UI asserts, Claim Term 8 should be construed to require that the sustain means energize “some of’ or “all of’ the address electrodes. The Court finds that the sustain means must be able to energize both the X and Y dimension electrodes. First, the Court looks to the definition of the word “said.” The Oxford English Dictionary defines “said” as “already named or mentioned.” The New Shorter Oxford English Dictionary (1993 ed.), p. 2668. Here, the words “said address electrodes” are first used in claim 5 immediately after the words “a plurality of X and Y dimension address electrodes,” supporting the conclusion that the address electrodes that are “already named or mentioned” are the “plurality of X and Y address electrodes.” Alternatively, the term “said address electrodes” could refer to the “selected X and Y electrodes” referenced in claim 5 at col. 17, 11. 14-15, although this appears less likely, as these electrodes are referred to later in claim 5 as “said selected electrode.” Under either interpretation, the claim requires that the sustain means energize both X and Y dimension electrodes. It is undisputed that only Y electrodes are used for sustaining in triple-electrode configurations and not “X and Y” dimension electrodes. Thus, the plain meaning of Claim Term 8 excludes triple-electrode configurations. ii. Corresponding Structure The parties also dispute whether the '349 patent discloses any corresponding structure that satisfies the limitation contained in Claim Term 8. The Court finds that it does not. There is no structure disclosed in which a sustain means energizes address electrodes. 2. Claim Term 9 Claim Term 9 includes the words “the inductor,” “an inductor,” and “said inductor.” See '349 patent, claims 5-11; '400 patent, claims 21-41. UI proposes the following construction for Claim Term 9: “one or more associated windings, with or without a magnetic core, for introducing inductance into an electric circuit.” University Comparison Chart at 3-4. Fujitsu’s proposed construction is as follows: An inductor is a piece of wire that is frequently, but not always, wound into the shape of a coil, which is used to introduce inductance—ie., a magnetic field effect that causes the coil to oppose changes in current—into a circuit. Each of the claims at issue is limited to a single inductor that is used for both charging and discharging the panel capacitance. University Comparison Chart at 4. The primary dispute is whether Claim Term 9 refers to a single inductor through which charging and discharging occurs (as Fujitsu argues) or, alternatively, whether these terms allow for multiple inductors, some of which are used for charging only and others for discharging only. The parties also disagree about the definition of an inductor. UI calls an “inductance element” what Fujitsu calls an inductor, arguing that multiple “inductance elements” may constitute a single inductor. In determining whether the words “an inductor” and “the inductor” refer to a single inductor or “one or more inductor,” the Court looks to the description in the patent to determine whether it reveals a clear intent to limit the invention to a singular embodiment. See KCJ Corp. v. Kinetic Concepts, Inc., 223 F.3d 1351, 1356 (Fed.Cir.2000). Although the use of the term “a” or “an” may suggest that a single element is claimed, “patent claim parlance also recognizes that an article can carry the meaning of ‘one or more,’ for example in a claim using the transitional phrase ‘comprising.’ ” Abtox, Inc. v. Exitron Corp., 122 F.3d 1019, 1023 (Fed.Cir.1997). Where it is unclear whether the claim covers a single element or multiple elements, courts look to the written description in the patent to determine whether there is a “clear intent” to limit the invention to a singular embodiment. KCJ Corp., 223 F.3d at 1356. The fact that there is only a single inductor in the preferred embodiments shown in the patent figures does not justify imposing such a limitation on the claims. See id. (holding that even where the embodiments suggest a single element, such a limitation will not be imposed if the claim language is broader than the embodiments). Here, the words “an inductor” and “the inductor” follow the open-ended terms “comprising” and “including,” supporting the conclusion that “an inductor” means one or more inductors. Fujitsu argues, though, that the use of the words “said inductor” reveals a clear intent on the part of the inventor to limit the term “inductor” to a singular embodiment. A review of the cases cited by the parties on the significance of the word “said” in patent claims is instructive. In Abtox, a case on which Fujitsu relies, the court addressed whether or not the claim language in dispute provided for a single chamber or rather, whether it meant “one or more chambers.” Abtox, 122 F.3d at 1023-1024. The claim provided as follows: apparatus for sterilization of medical devices and materials in a gas plasma comprising, (a) a metallic gas-confining chamber having a non-metallic portion; (b) a microwave energy source including a microwave cavity positioned to couple microwave energy into said chamber through said non-metallic portion, and (c) means for holding ... medical devices and materials to be sterilized within said chamber volume and away from said microwave cavity, and including a perforated electrical shielding member positioned within said chamber and in close proximity to said microwave energy source to provide a portion of the internal volume of said chamber shielded from and away from said microwave energy providing a field-free zone containing said devices and materials. Id. at 1022 (emphasis added). The Court concluded that this claim referred to a single chamber. Id. at 1027. In reaching this conclusion, the Court relied heavily on the language used in the claim, and in particular, on the repeated use of the term, “said chamber.” Id at 1024. The court also found that the written description in the patent supported its construction. Id. at 1024. Specifically, one of the figures in the patent showed a single chamber and “[njothing in the written description suggested] that the claim language encompass[ed] a device with more than one gas-confining chamber.” Id. On the other hand, UI cites to three cases, KCJ Corp., 223 F.3d 1351, Elkay Mfg. Co. v. Ebco Mfg. Co., 192 F.3d 973 (Fed.Cir.1999) and Altiris, Inc. v. Symantec Corp., 318 F.3d 1363 (Fed.Cir.2003), in support of its proposed claim construction. In KCJ, the court addressed whether claim language for an air mattress limited the scope of the invention to embodiments using one lower air chamber, or alternatively, whether the scope of the claims covered an embodiment with multiple chambers. 223 F.3d at 1355. The disputed claim provided as follows: 1. An air flotation, ventilated mattress apparatus comprising: (a) means defining a lower, continuous, inflatable chamber having an air-permeable, flexible upper wall portion, (b) said upper wall portion being constructed for substantially uniform airflow therethrough over substantially the entire plan surface area of said upper wall portion; (c) air-permeable secondary wall means above said chamber upper wall portion and operably coupled with said chamber-defining means, (d) said secondary wall means being constructed for substantially uniform passage of air therethrough over substantially the entire plan surface area of said secondary wall means, (e) said secondary wall means and upper wall cooperatively defining therebet-ween an inflatable compartment above said chamber, and (f) means for continuously introducing positive pressure air into said chamber in order to continuously maintain positive air pressure conditions throughout the entirety of said chamber during the entirety of operation of said mattress apparatus and to inflate both said chamber and compartment by passage of said air into said chamber and thence through said upper wall portion and thereby maintain positive air pressure conditions in said compartment, and to cause said continuous passage of air through said secondary wall means, (g) said mattress apparatus being free of solid internal support structure for supporting a patient, (h)said air introduction means, upper wall portion and secondary wall means being cooperatively configured and arranged for continuous passage of sufficient positive pressure airflow through the chamber, upper wall portion, compartment, and secondary wall means for even, substantially uniform flow of air from said mattress apparatus so that a person lying atop the secondary wall means is supported by said pressurized air without the presence of weight-supporting structure within said mattress apparatus. Id. at 1353 (emphasis added). The court concluded that the claim language provided “no support for departing from the general rule” that indefinite articles such as “a” and “an” mean one or more. Id. at 1357. It went on to note that neither the written description nor the prosecution history explicitly disclaimed the use of multiple chambers. Id. The court did not address the significance, if any, of the references to “said chamber” in the claim. In Elkay, the court addressed whether or not a single feed tube was used both for delivering liquid from a container and admitting air into a container. 192 F.3d at 977. The claim provided for “an upstanding feed tube ... to provide a hygienic flow path for delivering liquid from ... and for admitting air ... into said container to displace the liquid delivered therefrom, said feed tube having upper and lower end portions.” Id. at 975-976 (emphasis added). Although the preferred embodiment used a single feed tube for both admitting air and delivering liquid, the court concluded that neither the language of the claim nor the written description conclusively established that the scope of the claim was limited to a single feed tube that was used for both functions. Id. at 978. It went on to hold, however, that in the prosecution history, the inventor had disclaimed an embodiment with separate flow paths for air and water. Id. Finally, in Altiris, the court addressed whether the claim described a single “boot flag” or multiple boot flags. 318 F.3d at 1368. The disputed claim read as follows: A digital computer system programmed to perform the method of gaining control of the boot procedure of a digital computer, said digital computer comprising: (A) a central processing unit; (B) a memory unit; (C) a long term storage device; and (D) a means of booting said computer, said means of booting including a first set of commands, said first set of commands resident on said storage device of said digital computer for booting said digital computer, and a second set of commands, said second set of commands resident on a storage device external to said digital computer, for booting said digital computer, the method comprising: testing automatically for source of said means of booting; said testing including reading a boot selection flag and comparing said boot selection flag with a known flag setting; transferring control of said computer system to said source of said means of booting; performing said external commands, if said testing automatically step indicates a boot sequence stored externally to said digital computer; setting said boot selection flag; and booting normally, if said testing automatically step indicates a boot sequence stored internal to said digital computer. Id. at 1368 (emphasis added). The court concluded that the claim was not limited to a system that used a single boot selection flag, but rather, covered a system using more than one boot selection flag as well. Id. at 1373. The court explained its reasoning as follows: The parties agree that “a” generally means “one or more” in open-ended claims such as those at issue here. KCJ Corp. v. Kinetic Concepts, Inc., 223 F.3d 1351, 1356 (Fed.Cir.2000). Symantec, however, contends that this general rule does not apply here because the sole embodiment described in the patent uses a single flag. Once again, however, there are no statements in the specification or the prosecution history inviting, much less requiring, us to limit the claims to the only disclosed embodiment. This is merely another attempt to limit the invention to the preferred embodiment. We therefore hold that “boot selection flag” encompasses the use of multiple flags to select the boot cycle. Id. at 1373-1374. It is apparent that the word “said” as a qualifier does not always signify that the element qualified is limited to a singular embodiment. In KCJ, the court found that the claim language covered an air mattress with multiple chambers even though the claim referred at least once to “said chamber.” 223 F.3d at 1357. Similarly, in Altiris, the court found that the claim allowed for more than one boot selection flag, even though the claim language referred to “said boot selection flag.” In Elkay, likewise, a reference to “said feed tube” was not found to limit that element to a singular embodiment. Conversely, the Federal Circuit’s decision in Abtox makes clear that the word “said” may be significant where, as in that case, it describes the relationship between different components of the invention covered by the claim. See Abtox, 122 F.3d at 1023. Similarly, the word “said” may reveal the relationship between two functions described in a claim. For example, in Altir-is, although the court did not reach the issue, it is likely that the reference to “said boot selection flag” indicated that the boot selection flag that was to be “compar[ed]” was the same boot selection flag as was to be “read.” Applying these principles, the Court concludes that the terms “an inductor” and “the inductor” in the disputed claims allow for more than one inductor. However, the claims that describe both charging and discharging through “said” inductor make it clear that the same inductor must be used for both charging and discharging the panel capacitance. For example, claim 38 of the '400 patent refers first to “an inductor coupled to said panel electrodes for charging and discharging.” '400 patent, col. 22,11. 25-28. To the extent that there may be ambiguity as to whether the charging and discharging described by this language must be conducted through the same inductor, that ambiguity is dispelled by the limitations that follow. Those limitations require: 1) a “first switch means coupled to said inductor to enable said panel capacitance to charge through said inductor,” '400 patent, col. 22, 11. 29-31; and 2) a “second switch means coupled to said inductor to enable said panel capacitance to discharge through said inductor,” '400 patent, col. 22, 11. 37-39. As stated above, the word “said” means “already named or mentioned.” The New Shorter Oxford English Dictionary (1993 ed.), p. 2668. Thus, the word “said” in this context reveals that the charging and discharging described in the two limitations quoted above must use the same inductor. The parties also disagree on the issue of what constitutes a single inductor, as opposed to an “inductance element.” Thus, the Court must determine the common and ordinary meaning of the term “inductor” in 1986, or, alternatively, find a clear intent in the patent description to give the word a special or different meaning. See Vitronics, 90 F.3d at 1582. UI argues that an “inductor” may encompass one or more “inductance elements.” UI Claim Construction Brief at 21. In support of this position, Dr. Inan relies on the following definition of the term “inductor,” from the IEEE Standard Dictionary of Electrical and Electronics Terms (“IEEE Dictionary”), published in 1984: A device consisting of one or more associated windings, with or without a magnetic core, for introducing inductance into an electric circuit. IEEE Dictionary at 440, Exh. K to Nui Decl. UI goes on to cite to Dr. Inan’s testimony, in which Dr. Inan states as follows: Inductance elements combined to constitute “an inductor” can be electrically connected in various configurations, including series and/or parallel connections. The need for or use of an electrical connection does not imply a need for or the presence of physical proximity of different windings that might be used to introduce a certain inductance value into a circuit. Inan Report at 20. Thus, UI appears to argue that any windings that are electrically connected in a device are sufficiently “associated,” under the definition in the IEEE dictionary, to constitute a single inductor. Finally, UI points to U.S. Patent No. 5,828,353, in which the term “inductance element” is used. Fujitsu does not disagree that the IEEE definition of an “inductor” provides a starting point for construing the term. However, it argues that the word “associated” requires more than that the windings be electrically connected. Rather, Fujitsu cites to its own expert’s testimony to show that the word “associated” requires that the windings share coupled magnetic field lines. Dr. Silzars explains his position as follows: [A]n inductor is a device that couples magnetic field lines of associated portions of a conductor. This is called “field coupling.” Two elements sitting on a table may have inductance but do not constitute a single inductor unless they intimately and mutually share coupling of their magnetic field lines.... I understand that Dr. Inan states that inductors have “associated windings” whether or not they share a field coupling ... What those of ordinary skill in the art would call “inductors,” Dr. Inan would call “combinations of inductance elements sharing an electrical connection that function together to introduce the desired inductance into a circuit.” This is incorrect. Those of ordinary skill in the art in 1986, and indeed today, do not use the term “inductance element” to be distinguishable from an “inductor” ... Silzars Decl. at 69 (citations omitted). Fujitsu also cites to three patents in support of its position, U.S. Patent No. 4,070, 668, U.S. Patent No. 3,931,528 and U.S. Patent No. 3,833,833, all of which refer to “inductors” rather than “inductance elements.” Finally, Fujitsu points out that UI’s former expert, Dr. Bitzer, stated in his expert report in the ITC proceeding that Fujitsu’s allegedly infringing device uses “separate inductors.” Fujitsu Claim Construction Brief at 19, citing to Expert Report of Donald L. Bitzer, Exh. 6 to Silzars Decl. The Court finds no support in the '349 and '400 patents for UI’s position. Rather, the description in the Patents supports Fujitsu’s position that windings that do not share coupled magnetic field lines constitute separate inductors. First, the term “inductance element” is not used in either patent. Second, the '400 patent uses the word “inductors,” in describing the sustain driver circuit claimed in the invention. '400 patent, col. 2, 11. 53-55. In particular, the description states that “[t]he new sustain circuit driver uses inductors in charging and discharging the panel capacitance.” Id. This use of the plural “inductors” indicates that there can be multiple “inductors” in the invention as part of the same circuit, and that multiplicity is referred to by the plural “inductors,” not by the singular “inductor.” This conclusion is confirmed by the figures in the patents. In Figures 5 and 7, the sustain circuit described in the invention includes two sustain drivers, one for each set of sustain electrodes. See Figs. 5, 7 of '349 and '400 patents. Each of these drivers contains a set of windings and these two sets of windings are electrically connected in the same circuit. If UI’s proposed definition of an inductor were correct, these two sets of windings should have been referred to as “inductance elements” and not as “inductors” in the plural form. The fact that they were referred to as “inductors” provides strong intrinsic evidence that Fujitsu’s proposed definition of an “inductor” is correct. The Court finds that “associated” means windings that share coupled magnetic field lines. As discussed above, the intrinsic evidence requires that the multiple inductors in the invention each be referred to separately as an “inductor.” Moreover, the IEEE dictionary provides not only the definition of “inductor,” but also the information necessary to define “associated.” In that definition, the word “associated” is directly tied to the function of the inductor — introducing inductance into a circuit. See IEEE Dictionary at 440, Exh. K to Nui Decl.. An inductor uses magnetic field lines to introduce inductance into a circuit. See Silzars Decl., ¶¶ 99-100. Accordingly, to be part of the same device, associated windings in an inductor must share coupled magnetic field lines. Id. The Court defines an inductor as follows: A device consisting of one or more associated windings for introducing inductance into a circuit. Windings are “associated” for the purposes of this definition only if they share coupled magnetic field lines. 3. Claim Terms 14, 15, 16, 21, 22 and 23 (the “charging/discharging claim terms”) The charging/discharging claim terms include three sets of terms, each set containing a charging and discharging limitation using slightly different language. The first set of charging/discharging claim terms, Claim Terms 14 and 21, provide as follows: Claim Term H means for charging the panel capacitance through said inductor, initially while storing energy in said inductor until the magnitude of the inductor current reaches a maximum, and secondly while removing the stored energy from said inductor until the inductor current reaches zero Claim Term 21 means for discharging the panel capacitance through said inductor, initially while storing energy in said inductor until the magnitude of the inductor current reaches a maximum, and secondly while removing the stored energy from said inductor until the inductor current reaches zero See '400 patent, claims 27-33, 35-36. The second set of charging/discharging claim terms, Claim Terms 15 and 22, provide as follows: Claim Term 15 first switch means coupled to said inductor to enable said panel capacitance to charge through said inductor from a first voltage level (a) initially to an intermediate voltage level magnitude which is about one-half the desired voltage level magnitude, while storing energy in said inductor, and (b) then to said desired voltage level magnitude, while removing said stored energy from said inductor Claim Term 22 second switch means coupled to said inductor to enable said panel capacitance to discharge through said inductor from said desired voltage level magnitude (a) initially to an intermediate voltage level magnitude which is about one-half the desired voltage level magnitude, while storing energy in said inductor, and (b) then to said first voltage level magnitude, while removing said stored energy from said inductor See '400 patent, claims 38-41. The third set of charging/discharging claim terms, Claim Terms 16 and 23, provide as follows: Claim Term 16 first switch means remaining closed to enable said panel capacitance to charge through said inductor and responsive to said panel capacitance being substantially fully charged to open and thereby discontinue further charging Claim Term 23 second switch means remaining closed to enable said panel capacitance