Full opinion text
MEMORANDUM EDUARDO C. ROBRENO, District Judge. TABLE OF CONTENTS I.INTRODUCTION.........................................................534 II.BACKGROUND...........................................................534 III. CLAIM CONSTRUCTION..................................................535 A. Patent 465 Claim 1.....................................................535 B. Patent 465 Claim 2 .................................................... 535- C. Patent 465 Claim 3.....................................................536 D. Patent 465 Claim 10....................................................536 E. Patent 861 Claim 1.....................................................536 F. Patent 861 Claim 2.....................................................536 G. Patent 861 Claim 3.....................................................536 H. Patent 861 Claim 11....................................................536 IV. LEGAL PRINCIPLES OF CLAIM CONSTRUCTION.........................537 A. Plain and ordinary meaning.............................................537 B. Intrinsic evidence......................................................537 C. Extrinsic evidence .....................................................538 D. Means-plus-function format .............................................539 V. TERM CONSTRUCTION ..................................................539 A. Undisputed Claim Terms ...............................................539 “ear call transmitter”...................................................539 “destination call report(s)” ..............................................539 B. Disputed Claim Terms..................................................539 “modernized”/“modernizing”.............................................540 “modernizing device”...................................................541 “a device for temporarily operating an elevator installation during modernization” ......................................................547 “a system for modernizing an elevator installation”.........................547 “a method for modernizing an elevator installation”.........................547 “elevator installation”...................................................548 “elevator control”......................................................549 “call report”...........................................................550 “floor terminal”........................................................552 “at least one of [A] and [B]”.............................................552 “floor terminal ... operative for at least one input of destination call reports and recognition of identification codes of passengers”..............552 “floor terminal ... for at least one of the input of destination call reports and for recognition of identification codes of users”.......................552 “computing unit ... for at least one of evaluating the destination call reports and association of destination floors with recognized ones of the identification codes”..................................................552 “identification code[s]”..................................................556 “recognition of identification codes of passengers”..........................557 “computing unit”.......................................................558 “destination signal”.....................................................561 “interrupting at least one existing electrical floor call transmitter line between at least one floor call transmitter and the elevator control”.....563 “interrupting at least one existing car call transmitter line between at least one car call transmitter and the elevator control”....................563 “the elevator control being disconnected from the hall call transmitters and the car call transmitters of the elevator installation”..................563 “existing electrical floor call transmitter line”..............................565 “existing car call transmitter line”........................................565 “floor call transmitter line input”.........................................565 “ear call transmitter line input”..........................................565 “hall call transmitters”..................................................567 “in a modular manner”..................................................570 570 “in succession”.................................................... “performing said steps a. through c. [of claim 1] for each elevator car and associated elevator control of an elevator installation in succession whereby the elevator installation is modernized in a modular manner” 570 “temporarily”..................................................... 573 VI. CONCLUSION....................................................... 574 I. INTRODUCTION Plaintiff Inventio AG (“Inventio” or “Plaintiff’) brought the instant action against Defendants ThyssenKrupp Elevator Americas Corp., ThyssenKrupp Elevator Corp., and ThyssenKrupp Manufacturing Incorporated (collectively referred to as “ThyssenKrupp” or “Defendants”) for patent infringement. The two patents in controversy are as follows: (1) United States Patent No. 6,892,861, entitled “Destination Call Control for Modernizing Elevator Installation” (“'861 Patent”); and (2) United States Patent No. 6,935,465, entitled “Method for Modernization of an Elevator Installation” (“'465 Patent,” together with the '861 Patent, the “Patents-in-Suit”). Defendants assert counterclaims of non-infringement and invalidity with respect to both the '861 Patent and the '465 Patent. The Patents-in-Suit are designed to restore and upgrade an existing conventional elevator system and its components to a “destination call control” elevator system. This process creates increased efficiency of elevator traffic by eliminating multiple elevator destination stops and elevator car overcrowding. The parties briefed their respective positions on claim construction, and the Court conducted a Markman hearing on the disputed terms. Following the Markman hearing, the Court provided the parties with an opportunity to submit supplemental briefing on claim construction. This Memorandum provides constructions of the disputed terms. II. BACKGROUND In general, the Patents-in-Suit involve “destination call control” technology for elevators, which replaces the traditional common elevator up-down style. The up-down elevator control operates by a passenger first calling the elevator through an up-down button on the respective floor, and then selecting the desired destination floor upon entering the elevator car. The computerized elevator control then moves the car to the selected floor. The destination call control system replaces the up-down buttons with a telephone style key-pad, through which the passenger first selects the desired destination floor from the keypad-button and the computerized elevator control selects the fastest elevator to transport the passenger to the destination floor. The passenger then proceeds to the designated elevator, and the computerized elevator control moves the elevator car to the previously selected floor without the need for the passenger to push an additional button upon entering the elevator car. Users operate the floor terminals at the time an elevator is requested, either by entering the destination floor on a keypad or carrying a device with a recognizable identification code, which then generates a “destination call report” for the elevator. This report includes both the boarding floor and the destination floor for each respective passenger. Simply put, the modernization process which is at the heart of the Patents-in-Suit streamlines the passenger’s use of an elevator by compressing a two-step process of calling an elevator and selecting a destination floor into a single step. The “modernization” process for elevators essentially involves replacing outdated components to increase elevator efficiency. The system for modernization contemplated by the Patents-in-Suit constitutes a type of “retro-fitting” in which the modernization device is integrated into the existing elevator components in order to increase the efficiency of the modernization process. The modernization system comprised by the Patents-in-Suit includes the installation of new floor terminals (buttons pushed to call an elevator), a computing unit, and a modernizing device. In essence, this modernization process constitutes a type of “patch” which allows the conventional elevator system to operate as a “destination dispatch” system without the need to replace the entire existing elevator system. The purpose of the technology encompassed by the Patents-in-Suit is to manage elevator traffic flow in order to transport passengers to their destinations more quickly and with less crowding than the conventional elevator system. This technology optimizes the relevant elevator traffic patterns in order to streamline the calling and dispatching of elevator cars. In particular, this “modernization” system allows for the updating of the conventional elevator system economically while allowing the elevator installations to function even during the modernization process. At the core of their dispute, the parties have a very different understanding as to the scope of the technology covered by the Patents-in-Suit. Therefore, the parties have presented a number of disputed claim terms for the Court to construe through these Markman proceedings. III. CLAIM CONSTRUCTION Plaintiff asserts that Defendants have infringed claims 1, 2, 3, and 10 of the '465 Patent and claims 1, 2, 3, and 11 of the '861 Patent. The claims of the Patents-in-Suit are substantially similar, and any relevant textual differences are discussed herein. The full text of the claims allegedly infringed are as follows: A. '465 Patent, Claim 1 1. A method of modernizing an elevator installation having at least one elevator controlled by at least one elevator control by way of at least one call report, comprising: a. installing at least one floor terminal at each floor served by an elevator control for at least one of the input of destination call reports and for recognition of identification codes of users; b. installing at least one computing unit and connecting the at least one computing unit to said floor terminals for at least one of evaluating the destination call reports and association of destination floors with recognized once of the identification codes and for the output of at least one destination signal; and c. installing at least one modernizing device and connecting the at least one modernizing device to said floor terminals and said at least one computing unit for reading the destination signal, for converting the destination signal into at least one call report and for controlling the elevator control by way of the call report. ('465 Patent, col. 11:6-25.) B. '465 Patent, Claim 2 2. The method according to claim 1 wherein said step c. is performed by interrupting at least one existing electrical floor call transmitter line between at least one floor call transmitter and the elevator control and connecting the elevator control by an electrical line with said modernizing device. (Id. col. 11:26-31.) C. '4-65 Patent, Claim 3 3. The method according to claim 1 wherein said step c. is performed by interrupting at least one existing car call transmitter line between at least one car call transmitter and the elevator control and connecting the elevator control by an electrical line with said modernizing device. (Id. col. 11:32-36.) D. 'k65 Patent, Claim 10 10. The method according to claim 1 including performing said steps a. through c. for each elevator car and associated elevator control of an elevator installation in succession whereby the elevator installation is modernized in a modular manner. (Id. col. 11:63-67.) E. '861 Patent, Claim 1 1.A device for temporarily operating an elevator installation during modernization, the elevator installation having at least one elevator, and at least one elevator control for controlling the elevator in response to call reports generated by hail call transmitters and car call transmitters, comprising: a modernizing device temporarily connected to the elevator control controlling the elevator in response to the call reports, the elevator control being disconnected from the hall call transmitters and the car call transmitters of the elevator installation; and at least one computing unit connected to said modernizing device for generating at least one destination signal to said modernizing device, said modernizing device converting said destination signal into a call report and generating said call report to the elevator control for issuing said at least one call report. ('861 Patent, col. 11:6-21.) F. '861 Patent, Claim 2 2. The device according to claim 1 wherein said modernizing device has at least one output connected with at least one floor call transmitter line input of the elevator control for issuing said at least one call report. (Id. col. 11:22-25.) G. '861 Patent, Claim 3 3. The device according to claim 1 wherein said modernizing device has at least one output connected with at least one car call transmitter line input of the elevator control for issuing said at least one call report. (Id. col. 11:26-29.) H. '861 Patent, Claim 11 11. A system for modernizing an elevator installation having at least one elevator and an elevator control for controlling the at least one elevator control by a call report, comprising: a floor terminal for each floor of a building served by an elevator, each said floor terminal being operative for at least one of input of destination call reports and recognition of identification codes of passengers; a computing unit connected to said floor terminals for evaluating said destination call reports and for association of destination floors with recognized ones of said identification codes, said computing unit generating a destination signal for one of the destination floors associated with one of the recognized identification codes; and a modernizing device connected to said computing unit and temporarily connected to the elevator control, said modernizing device reading said destination signal and converting said destination signal into a call report for use by the elevator control in controlling the elevator. {Id. col. 12:32-53.) IV. LEGAL PRINCIPLES OF CLAIM CONSTRUCTION A court’s analysis of patent infringement is comprised of a well-established two-step process: (1) the meaning of disputed claims are construed; and (2) the allegedly infringing device is compared to the claims as construed. Markman v. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed.Cir.1995), aff'd, 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996); Wavetronix LLC v. EIS Elec. Integrated Sys., 573 F.3d 1343, 1354 (Fed.Cir.2009). With respect to the first step, “[t]he purpose of claim construction is to determine the meaning and scope of the patent claims that the plaintiff alleges have been infringed.” Every Penny Counts, Inc. v. Am. Express Co., 563 F.3d 1378, 1382 (Fed.Cir.2009) (citing O2 Micro Int’l Ltd. v. Beyond Innovation Tech. Co., 521 F.3d 1351, 1360 (Fed.Cir.2008)). It is axiomatic that the claims define the scope of the patent. Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed.Cir.2005) (en banc) (internal citations omitted); see also Innova/Pure Water, Inc. v. Safari Water Filtration Sys., Inc., 381 F.3d 1111, 1115 (Fed.Cir.2004); Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.Cir.1996). Therefore, the Court must first look to the words of the claims themselves in order to ascertain their meaning. Vitronics Corp., 90 F.3d at 1582; see also Renishaw PLC v. Marposs Societa’ per Azioni, 158 F.3d 1243, 1248 (Fed.Cir.1998) (“[T]he claims define the scope of the right to exclude; the claim construction inquiry, therefore, begins and ends in all cases with the actual words of the claim”). A. Plain and ordinary meaning Claim terms must be initially interpreted according to their ordinary and customary meaning. Genzyme Corp. v. Transkaryotic Therapies, Inc., 346 F.3d 1094, 1106 (Fed.Cir.2003). Undefined claim terms are to be given an ordinary and customary meaning “as understood by a person of ordinary skill in the art at the time of the invention.” Gemtron Corp. v. Saint-Gobain Corp., 572 F.3d 1371, 1378 (Fed.Cir.2009). As explained by the Federal Circuit: “[bjecause the meaning of a claim term as understood by persons of skill in the art is often not immediately apparent, and because patentees frequently use terms idiosyncratieally, the court looks to “those sources available to the public that show what a person of skill in the art would have understood disputed claim language to mean,” including the words of the claims themselves, the remainder of the specification, the prosecution history, and extrinsic evidence concerning relevant scientific principles, the meaning of technical terms, and the state of the art.” Phillips, 415 F.3d at 1314 (quoting Innova, 381 F.3d at 1116). B. Intrinsic evidence Where a court cannot properly construe a claim based on the plain meaning, it is necessary to examine the intrinsic record of the claims, which includes the specification and the prosecution history. Masco Corp. v. United States, 303 F.3d 1316, 1324 (Fed.Cir.2002) (citing Vitronics Corp., 90 F.3d at 1582) (holding such intrinsic evidence to be “the most significant source of the legally operative meaning of disputed claim language”). The specification contains a written description of the invention which must be clear and complete enough to enable those of ordinary skill in the art to make and use it, thus the specification provides necessary context for understanding the claims, and “is always highly relevant to the claim construction analysis.” Phillips, 415 F.3d at 1315 (quoting Vitronics Corp., 90 F.3d at 1582). Therefore, a patentee can act as his own lexicographer in the patent specification by defining a term with particularity that already has an ordinary meaning to a person of skill in the art. Merck & Co., Inc. v. Teva Pharma. USA, Inc., 395 F.3d 1364, 1370 (Fed.Cir.2005) (internal citation omitted); Phillips, 415 F.3d at 1321 (“[T]he specification ‘acts as a dictionary when it expressly defines terms used in the claims ....’”) (quoting Vitronics Corp., 90 F.3d at 1582). “When consulting the specification to clarify the meaning of claim terms, courts must take care not to import limitations into the claims from the specification.” Abbott Labs. v. Sandoz, Inc., 566 F.3d 1282, 1288 (Fed.Cir.2009). Limitations contained in the specification should be applied judiciously and courts should refrain from restricting broader claim language to a single embodiment described in the specification “unless the patentee has demonstrated a clear intention to limit the claim scope using ‘words or expressions of manifest exclusion or restriction.’ ” Id. (quoting Liebel-Flarsheim Co. v. Medrad, Inc., 358 F.3d 898, 906 (Fed.Cir.2004)); see also Bell At. Network Servs., Inc. v. Covad Commc’ns. Group, Inc., 262 F.3d 1258, 1271 (Fed.Cir.2001) (“[W]hen a patentee uses a claim term throughout the entire patent specification, in a manner consistent with only a single meaning, he has defined that term ‘by implication.’ ”) (quoting Vitronics Corp., 90 F.3d at 1582). Along with the specification, the prosecution history is “intrinsic evidence” of the meaning of the claims because it “provides evidence of how the [United States Patent & Trademark Office (PTO)] and the inventor understood the patent.” Phillips, 415 F.3d at 1317. The prosecution history is comprised of the original application, communications between the patent applicant and the patent examiner, changes to the patent application, prior art cited during the patent examination, and other pertinent documents. See Rheox, Inc. v. Entact, Inc., 276 F.3d 1319, 1326 (Fed.Cir.2002) (noting that the totality of the prosecution history includes “amendments to claims and arguments made to overcome or distinguish references.”) (citing Elkay Mfg. Co. v. Ebco Mfg. Co., 192 F.3d 973, 979 (Fed.Cir.1999)). “Although often producing ambiguities occasioned by ongoing negotiations between the inventor and the PTO, ‘the prosecution history can often inform the meaning of the claim language by demonstrating how the inventor understood the invention and whether the inventor limited the invention in the course of prosecution, making the claim scope narrower than it would otherwise be.’ ” Abbott Labs., 566 F.3d at 1288 (quoting Phillips, 415 F.3d at 1317). Statements made during prosecution can serve to disavow the scope of the patent, but only in situations where the disclaimer is unambiguous. See id.; Computer Docking Station Corp. v. Dell, Inc., 519 F.3d 1366, 1374 (Fed.Cir.2008) (“[A] patentee may limit the meaning of a claim term by making a clear and unmistakable disavowal of scope during prosecution.”) (quoting Purdue Pharma L.P. v. Endo Pharms., Inc., 438 F.3d 1123, 1136 (Fed.Cir.2006)); Southwall Tech., Inc. v. Cardinal IG Co., 54 F.3d 1570, 1576 (Fed.Cir.1995) (“The prosecution history limits the interpretation of claim terms so as to exclude any interpretation that was disclaimed during prosecution.”) (citations omitted). C. Extrinsic evidence Beyond the claim language itself and the intrinsic record, a court is permitted to rely on extrinsic evidence, consisting of “all evidence external to the patent and prosecution history, including expert and inventor testimony, dictionaries, and learned treatises.” Markman, 52 F.3d at 980. Extrinsic evidence is to be used to aid in the Court’s interpretation of the claim language, but “not for the purpose of varying or contradicting the terms of the claim.” Id. (internal citation omitted); see Phillips, 415 F.3d at 1317 (extrinsic evidence is “less significant than the intrinsic record”). D. Means-plus-function format A patent may describe a particular element in a “means-plus-function” format, meaning that the claim describes what the particular element does (its function) rather than how it is made (its structure). See 35 U.S.C. § 112, ¶ 6. If the means-plus-function format is adopted, that element is construed to cover the “corresponding structure, material or acts described in the specification.” Id. This is designed to prevent a patent applicant from simply defining a term by its function, without also providing the structure or process that performs this function. Blackboard, Inc. v. Desire2Learn, Inc., 574 F.3d 1371, 1383 (Fed.Cir.2009) (a mean-plus function claim is “essentially a black box that performs a recited function. But how it does so is left undisclosed.”) Where a claim term does not use the specific phrase “means,” a rebuttable presumption is triggered that § 112, ¶ 6 does not apply. Lighting World, Inc. v. Birchwood Lighting, Inc., 382 F.3d 1354, 1358 (Fed.Cir.2004) (internal citation omitted). This presumption is “not readily overcome” and the party seeking to rebut the presumption must show that the “claim term fails to recite sufficiently definite structure for performing that function.” Id. (internal quotation marks and citation omitted). If the Court determines that § 112 applies, the following two-step approach is employed to determine the means-plus-function limitation: (1) the claimed function must be identified in keeping with claim language and limitations expressly recited in the claims; and (2) the corresponding structures must be ascertained in the written description which perform those functions. Omega Eng’g., Inc. v. Raytek Corp., 334 F.3d 1314, 1322 (Fed.Cir.2003); Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1299 (Fed.Cir.2009) (“It is firmly established in our precedent that a structural analysis is required when means-plus-function limitations are at issue; a functional analysis alone will not suffice.”) (internal citation omitted). V. TERM CONSTRUCTION A. Undisputed Claim Terms The parties do not dispute the meaning of the following Claim Term Parties’ Undisputed Construction_ “ear call “a device with an input located in an transmitter” elevator car that permits entry of a ('465 Patent, destination floor” claim 3)_ “destination “a data signal providing passenger call report” conveying information that identifies the ('465 Patent, boarding floor and the destination floor” claim 3)_ B. Disputed Claim Terms The following sets forth the claims which are disputed by the parties. Claim Term Plaintiffs Proposed Construction Defendants’ Proposed Construction “modernized”/ “exchanging at least one old component “a more or less complete exchange of “modernizing” for at least one newer component” components in an elevator installation. This would include replacement of all the elevator components, including the elevator ear, the elevator drive, the conveying cable, and the elevator control” ('861 Patent, claims 1, 2, 3, and 11); ('465 Patent, claims 1, 2, 3, and 10) In construing this term, both Plaintiff and Defendants rely upon the specification of the '465 Patent, which states: If after such a length of time a general overhaul of the elevator installation is needed, the components of the elevator installation are often old in -terms of technology, which obliges a more or less complete exchange of components. Such an exchange of components of an elevator installation is termed a “modernization” in the following. The modernization is often carried out in staggered time, wherein control units and elevator cars are modernized in a first stage, drives are modernized in the machine room in a further stage, and floor call transmitters are modernized at the individual floors in a final stage. ('465 Patent, col. 1:12-22.) Defendants seize on the language “a more or less complete exchange of components,” and also cite to another portion of the specification which states that “at least one elevator 10, 10' is substantially completely modernized in each method step.” (Id. col. 10:54-59.) Defendants argue that this language taken together indicates that Plaintiff meant to define “modernization” as a complete exchange of components that is performed through various steps, rather than merely a partial process in which only certain components are replaced. Plaintiff counters that the specification further describes “modernization” to include “in one method step, the drive is modernized, the conveying cable of the elevator is modernized, the elevator control of this elevator is modernized .... ” (Id. col. 3:49-54.) Plaintiff argues that this language indicates “modernization” occurs in stages such that it can include both: (1) the exchange of some components of an elevator installation; or (2) the exchange of individual components of an elevator installation. Plaintiff further cites language describing the modernization process as a “more or less complete exchange of components” (id. col. 1:11-14); and that an “elevator is substantially completely modernized” (id. col. 10:58-59); to indicate that a total replacement of components is not required. The Court concludes that Defendants’ interpretation is more consistent with the principles of claim construction since the specification implies a type of complete modernization process. A patent’s specification is recognized by the Federal Circuit as strong evidence of a claim’s meaning even where this meaning arises by implication. See Phillips, 415 F.3d at 1321 (stating that the “specification ‘acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication.’ ”) (quoting Vitronics Corp., 90 F.3d at 1582); Irdeto Access, Inc. v. Ech ostar Satellite Corp., 383 F.3d 1295, 1300 (Fed.Cir.2004) (“Even when guidance is not provided in explicit definitional format, the specification may define claim terms by implication such that the meaning may be found in or ascertained by a reading of the patent documents.”) (internal citation omitted). The specification clearly states that “[i]f after such a length of time a general overhaul of the elevator installation is needed, the components of the elevator installation are often old in terms of technology, which obliges a more or less complete exchange of components. Such an exchange of components of an elevator installation is termed a ‘modernization’ in the following.” ('465 Patent, col. 1:12-18) (emphasis added). The specification essentially defines the term “modernization” by characterizing it as a “general overhaul” of an elevator system which requires “a more or less complete modernization,” both of which are more consistent with Defendants’ proposed construction. Furthermore, the use of the adjective “complete” to describe the modernization process belies Plaintiffs proposed interpretation that only one old component needs to be replaced in order to modernize the elevator system. Defendants’ proposed construction, however, goes too far in adding the language that “modernization” would necessarily “include replacement of all the elevator components.” The qualifying language “more or less” in describing the exchange of components forecloses the argument that each and every component needs to be replaced in order to complete the modernization process. Thus, Defendants’ proposed construction oversteps the definitional limitations in the specification. Therefore, the Court will adopt Defendants’ proposed construction in part, and define the term “modernized” and/or “modernizing” as “a more or less complete exchange of components in an elevator installation.” The Court concludes that this definition is most consistent with the specification as it incorporates the exact language used in the specification itself. See Phillips, 415 F.3d at 1321 (explaining that the specification is the “single best guide to the meaning of a disputed term”, and it “acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication”) (internal quotation marks and citation omitted). Claim Term Plaintiffs Proposed Construction Defendants’ Proposed Construction “modernizing “a device that interfaces between, and This claim term cannot be construed and device” exchanges information between, a com- renders all claims that use or incorporate puting unit and an elevator control” this term indefinite. ('861 Patent, claims 1, 2, 3, and 11); ('465 Patent, claims 1, 2, and 3 Defendants’ position is that this term is a mean-plus-function claim term and it is indefinite because the specification fails to identify the structure of this modernizing device. Defendants contend that Plaintiff failed to define the physical and structural components of the “device” that is the subject of the Patents-in-Suit, and that since the term “device” does not include a definite structure, it should be construed as the equivalent of a “means,” which requires particularized treatment under § 112, ¶ 6. See Ma. Inst. of Tech. v. Abacus Software, 462 F.3d 1344, 1354 (Fed.Cir.2006) (noting that “[t]he generic terms ‘mechanism,’ ‘means,’ ‘element,’ and ‘device,’ typically do not connote sufficiently definite structure [to avoid means-plus-function treatment]”) (emphasis added). Plaintiff responds that the term “modernizing device” does not qualify for means-plus-function treatment pursuant to § 112, ¶ 6. Plaintiff relies upon the presumption against this requirement when the claim does not use the word “means” in the claim language itself. See Lighting World, 382 F.3d at 1358. Furthermore, Plaintiff contends that the modernizing device is described with a sufficient physical structure to avoid this treatment because it includes a physical converter, a physical signal generator, a physical signal receiver, and may also include a data memory and processor. Plaintiff argues that these are all physical components that are connected to the overall system of the modernizing device, and therefore a sufficient structure is disclosed to avoid treatment as a means-plus-function limitation. Furthermore, Plaintiff argues that the physical structure provided in the Patents-in-Suit connotes a definite structure to a person of ordinary skill in the art. Plaintiff asserts that the specification describes the modernizing device as including “at least one converter 361,” “at least one signal generator 362,” and “at least one signal receiver 363,” such that an ordinarily skilled person would be able to practice the application of the recited modernizing device based upon the structure and functionality of these components. Therefore, the parties’ dispute centers on whether means-plus-function treatment is appropriate. 35 U.S.C. § 112, ¶ 6 provides that “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. Section 112, ¶ 6 applies only to “purely functional limitations that do not provide the structure that performs the recited function.” DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., 469 F.3d 1005, 1023 (Fed.Cir.2006) (internal quotation marks and citation omitted). In order to determine whether a term is subject to means-plus-function treatment, the Court is to consider the phrasing of that claim element. The use of the word “means” creates a rebuttable presumption that a claim is employing means-plus-function language. Id. The absence of the word “means” creates a contrary presumption. The presumption against means-plus-function treatment “can be rebutted ‘by showing that the claim term element recitefs] a function without reciting sufficient structure for performing that function.’ ” Id. (citing Watts v. XL Sys., Inc., 232 F.3d 877, 880 (Fed.Cir.2000) (alteration in original)). First, the Court finds that the presumption against means-plus-function treatment applies as the term “modernizing device” does not use the term “means.” York Prods., Inc. v. Central Tractor, 99 F.3d 1568, 1574 (Fed.Cir.1996) (“In determining whether to apply the statutory procedures of [§ 112, ¶ 6], the use of the word ‘means’ triggers a presumption that the inventor used this term advisedly to invoke the statutory mandates for means-plus-function clauses.”). Second, the Court concludes that the presumption is overcome here because the claim language fails to recite sufficient structure for performing the recited function. Cf. Apex Inc. v. Raritan Computer, Inc., 325 F.3d 1364, 1373 (Fed.Cir.2003). In order to overcome this presumption, Defendants must demonstrate that “the claim term fails to ‘recite sufficiently definite structure’ or else recites ‘function without reciting sufficient structure for performing that function.’ ” CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1369 (Fed.Cir.2002) (quoting Watts, 232 F.3d at 880). Here, the presumption is overcome as Defendants have shown that the claim term recites a function without providing a sufficient structure for performing that function. As Defendants have noted, the claim language itself only refers to the “modernizing device” without providing any corresponding structure which performs this modernizing function. Plaintiff concedes that it can point to nothing in the claim language itself which recites the structure for the “modernizing device.” Instead, Plaintiff relies only on the language in the specification to supports its construction. Plaintiff, however, has not provided authority for the proposition that courts may ignore the claim language entirely and look solely to the specification in order to rebut the presumption against means-plus-function treatment. Cf. Altiris, Inc. v. Symantec Corp., 318 F.3d 1363, 1376 (Fed.Cir.2003) (noting that in cases where the Federal Circuit has found that sufficient structure exists to uphold the presumption against means-plus-function treatment, the claim language itself provided sufficient physical structure to perform the claimed function) (citing Envirco Corp. v. Clestra Cleanroom, Inc., 209 F.3d 1360, 1365 (Fed.Cir.2000) (holding sufficient structure was recited where the limitation was “second baffle means” because it used the word “baffle” (a physical structure) and the claim “described the particular structure of this particular baffle”); Rodime PLC v. Seagate Tech., Inc., 174 F.3d 1294, 1303-04 (Fed.Cir.1999) (holding a claim recited sufficient structure where the limitation was “positioning means” and the claim “provid[ed] a list of the structure underlying the means”); Verizon Cal. Inc. v. Ronald A Katz Tech. Licensing, P.A., 326 F.Supp.2d 1060, 1106 (C.D.Cal.2003) (looking to the claim language to determine whether sufficient structure exists)). Here, as the claim language provides no physical structure used to perform the “modernizing” function, § 112, ¶ 6 applies. Once a claim is defined in means-plus-function form, its scope is limited to particular structures or acts disclosed within the patent application’s disclosure section and equivalents thereof. See In re Donaldson Co., 16 F.3d 1189, 1195 (Fed.Cir.1994) (en banc) (“[I]f one employs means-plus-function language in a claim, one must set forth in the specification an adequate disclosure showing what is meant by that language. If an applicant fails to set forth an adequate disclosure, the applicant has in effect failed to particularly point out and distinctly claim the invention as required by the second paragraph of section 112.”). Having concluded that § 112 applies, the Court must now determine the appropriate means-plus-function limitation by: (1) identifying the claimed function in keeping with the claim language and limitations expressly recited in the claims; and (2) determining the corresponding structures in the written description which performs those functions. See Omega Eng’g., 334 F.3d at 1322. A means-plus-function clause fails for indefiniteness where a person of ordinary skill in the art would be unable to recognize the structure provided in the specification and associate it with the corresponding function in the claim. See Atmel Corp. v. Info. Storage Devices, Inc., 198 F.3d 1374, 1381-82 (Fed.Cir.1999) (recognizing that a means-plus-function claim fails for indefiniteness where the corresponding structure of the claimed limitation is not disclosed); In re Dossel, 115 F.3d 942, 946 (Fed.Cir.1997). Thus, in order for the Court to find that a means-plus-function claim is valid under § 112, the corresponding structure of the limitation “must be disclosed in the written description in such a manner that one skilled in the art will know and understand what structure corresponds to the means limitation.” Atmel, 198 F.3d at 1382. First, the Court looks to the claim language to determine the claimed function for the “modernizing device.” See JVW Enters., Inc. v. Interact Accessories, Inc., 424 F.3d 1324, 1330 (Fed.Cir.2005) (“Determining a claimed function and identifying structure corresponding to that function involve distinct, albeit related, steps that must occur in a particular order.”). Based on the claim language, the Court finds the claimed function of the “modernizing device” is as follows: (1) controlling the elevator in response to call reports ('861 Patent, claim 1; '465 Patent, claim I); (2) converting the destination signal into a call report ('861 Patent, claim 1, '465 Patent, claim 1); (3) issuing the call report to the elevator control for controlling the elevator ('861 Patent, claim 1); (4) reading the destination signal ('861 Patent, claim II); and (5) controlling the elevator control by way of a call report ('465 Patent, claim 1). Second, the Court finds that the means-plus-function limitation fails for indefiniteness as it does not disclose a corresponding structure to this claimed function. As previously explained, § 112, ¶ 6 requires some disclosure of structure in the specification corresponding to the claimed means. “[Wjhile it is true that the patentee need not disclose details of structures well known in the art, the specification must nonetheless disclose some structure.” Default Proof Credit Card Sys., Inc. v. Home Depot U.S.A., Inc., 412 F.3d 1291, 1302 (Fed.Cir.2005); see also Med. Instrumentation and Diagnostics Corp. v. Elekta AB, 344 F.3d 1205, 1211 (Fed.Cir.2003) (“If the specification is not clear as to the structure that the patentee intends to correspond to the claimed function, then the patentee has not paid [the price for use of the convenience of broad claiming afforded by § 112, ¶ 6] but is rather attempting to claim in functional terms unbounded by any reference to structure in the specification. Such is impermissible under the statute.”). The focus of the Court’s inquiry is whether one of skill in the relevant art would understand the specification itself to disclose the necessary structure. Biomedino, LLC v. Waters Techs. Corp., 490 F.3d 946, 950-51 (Fed.Cir.2007) (citation omitted). Plaintiff argues that sufficient structure exists because the specification includes a drawing set forth in Figure 3 which demonstrates that the computing unit interfaces and exchanges information with the modernizing device via the data bus that connects the devices. (See Pl.’s Markman Brief 5.) The modernizing device is depicted in Figure 3 of the '861 Patent, which is reproduced below. Plaintiff contends that Figure 3 depicts the relationship between the computing unit and the modernizing device with double arrows in order to indicate that information is relayed back and forth between the components. Similarly, Plaintiff argues that Figure 3 depicts an arrow which shows that the information flows between the modernizing device and the elevator control. Therefore, Plaintiff asserts that Figure 3 provides sufficient detail for a person ordinarily skilled in the art to reconstruct the disclosed structure. The Court disagrees. Figure 3 provides only a generic and rudimentary depiction of the components that make up the modernizing device. It provides no detail as to how these components are physically connected and interact in order to perform the “modernizing” function claimed. See Cardiac Pacemakers, Inc. v. St. Jude Med., Inc., 296 F.3d 1106, 1113 (Fed.Cir.2002) (“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.”); Tech. Li censing Corp. v. Videotek, Inc., 545 F.3d 1316, 1338 (Fed.Cir.2008) (“The question is not whether one of skill in the art would be capable of implementing a structure to perform the function, but whether that person would understand the written description itself to disclose such a structure.”) (citing Biomedino, 490 F.3d at 953). Plaintiff further argues that the specification of the '465 Patent describes the “modernizing device” in sufficient detail to enable a person of ordinary skill in the art to practice it because the specification states that the modernizing device includes: “at least one converter 361;” (2) “at least one signal generator 362;” and (3) “at least one signal receiver 363.” ('465 Patent, col. 7:55-59; id. col. 7:66-8:56.) Plaintiff contends that because these components were generally commercially available, the detailed description of the structure of the modernizing device would have enabled a person of ordinary skill in the art to practice the recited modernizing device. Again, however, the description relied upon by Plaintiff in the specification relates only to the components which comprise the modernizing device but does not explain the exact structure of these components. See Cardiac Pacemakers, 296 F.3d at 1119 (noting that in order for the corresponding structure to be sufficient, it “must include all structure that actually performs the recited function”). Importantly, Plaintiff cites to no evidence, such as expert testimony, in support of its argument that a person of ordinary skill would have understood the disclosure in the specification as providing instruction on how to reconstruct these components in order to perform the “modernizing” function claimed by the Patents-in-Suit. See Med. Instrumentation, 344 F.3d at 1212 (explaining that expert testimony that a software programmer with ordinary skill in the pertinent art would be aware of programs that could be used to perform the recited function was insufficient and that the correct inquiry was to “look at the disclosure of the patent and determine if one of skill in the art would have understood that disclosure to encompass software for digital-to-digital conversion and been able to implement such a program, not simply whether one of skill in the art would have been able to write such a software program”). As the Federal Circuit explained in Blackboard: That ordinarily skilled artisans could carry out the recited function in a variety of ways is precisely why claims written in “means-plus-function” form must disclose the particular structure that is used to perform the recited function. By failing to describe the means by which the access control manager will create an access control list, Blackboard has attempted to capture any possible means for achieving that end. Section 112, paragraph 6, is intended to prevent such pure functional claiming. 574 F.3d at 1386. Therefore, the Court concludes that the specification fails to disclose structure corresponding to the “modernizing” function that is sufficient to avoid indefiniteness. Claim Term Plaintiff’s Proposed Construction Defendants’ Proposed Construction “a device for temporarily operating an elevator installation during modernization” N/A “the device is used while an elevator installation is undergoing a more or less complete exchange of components, and is removed then the modernization process is complete” “a system for modernizing an elevator installation” N/A “a system used in connection with an elevator installation undergoing a more or less complete exchange of components” “a method for modernizing an elevator installation” N/A “a method used in connection with an elevator installation undergoing a more or less complete exchange of components” ('861 Patent, claims 1, and 11); ('465 Patent, claim 1) Defendants argue that each of these claims need to be construed in light of the preamble phrase “modernizing.” See Catalina Marketing Int’l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 808 (Fed.Cir.2002) (“In general, a preamble limits the invention if it recites essential structure or steps, or if it is ‘necessary to give life, meaning, and vitality’ to the claim.”) (quoting Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305 (Fed.Cir.1999)). Defendants contend that the phrase “modernizing” limits the claim terms to a very specific and limited type of process. Defendants argue that it is appropriate to construe the “modernizing” preamble as a limitation because it is an important fundamental characteristic of the patents and because it serves to distinguish it from prior art. See id. Defendants contend that because the terms “modernization” and/or “modernizing” are used profusely throughout the patents, these numerous references clearly indicate that the type of device contemplated by the patents is limited only to the specific application of “modernization.” See Poly-America, L.P. v. GSE Lining Tech., Inc., 383 F.3d 1303, 1309-10 (Fed.Cir.2004) (finding that the preamble “blown-film” constituted a claim limitation because it was an important and fundamental characteristic of the claimed invention where the preamble phrase was used repeatedly throughout the patents, including in the title, the summary of the invention, and the claims themselves). Defendants note that the Patents-in-Suit are replete with references to “modernization,” such that it should be construed as a preamble limitation to these claims. “Whether to treat a preamble as a limitation is a determination resolved only on review of the entire[ ] ... patent to gain an understanding of what the inventors actually invented and intended to encompass by the claim.” Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251, 1257 (Fed.Cir.1989). “No litmus test defines when a preamble limits claim scope.” Catalina Marketing, 289 F.3d at 808. Although a preamble is construed as a claim limitation if it is “necessary to give life, meaning, and vitality” to the claim; it is not construed as limiting “where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention.” Poly- America, 383 F.3d at 1309-10 (internal quotation marks and citations omitted). The Court agrees with Defendants that the prevalence of the use of the term “modernization” as a preamble throughout the Patents-in-Suit renders it a fundamental characteristic of the invention, such that is must be construed as a claim limitation. Relying upon the rationale of Poly-America, where the term “modernization” is employed repetitively throughout all aspects of the claims and specification, the Court concludes that this was intended as a “fundamental characteristic” of the patents and should be construed as a substantive claim limitation. See id.; see also Gen. Elec. Co. v. Nintendo Co., Ltd., 179 F.3d 1350, 1361-62 (Fed.Cir.1999) (where the specification made clear that the invention was a mode of display of binary data on a raster scanned display device rather than all display devices, the preamble language “displaying a pattern on a raster scanned display device by mapping bits” was a claim limitation). Therefore, the Court will adopt Defendants’ proposed construction of the terms set forth above. Claim Term Plaintiffs Proposed Construction Defendants’ Proposed Construction “elevator “a group of elevators that convey users in “the entire group of associated elevators installation” a building where the elevators are con- that convey passengers in a building, each trolled by at least one elevator control” elevator being controlled by an elevator control” ('861 Patent, claims 1 and 11); ('465 Patent, claims 1 and 10) The term “elevator installation” is recited in Claim 1 of each of the Patents-in-Suit. In order to construe this claim, the Court will look first to the language of the claim itself, and then to the existing intrinsic evidence where the definition is not clearly stated in the claim itself. The parties dispute whether this claim requires only one elevator control for the group of elevators or that each elevator be controlled by its own elevator control. The relevant claim language explicitly recites an elevator installation as “having at least one elevator and at least one elevator control for controlling the elevator in response to call reports.” ('861 Patent, col. 11:7-10). Importantly, the claim language provides that the “elevator installation” includes an elevator control for “controlling the elevator.” The singular form used by the claim language suggests that one elevator control is necessary for each elevator. Thus, as the claim language itself is at least ambiguous as to whether a separate elevator control is required for each elevator, the Court will review the available intrinsic evidence to resolve the ambiguity. See Teleflex, Inc. v. Picosa N. Am. Corp., 299 F.3d 1313, 1325 (Fed.Cir.2002) (“The specification may assist in resolving ambiguity where the ordinary and accustomed meaning of the words used in the claims lack sufficient clai’ity to permit the scope of the claim to be ascertained from the words alone.”) Turning to the specification, the Background Section to the '465 Patent states that “[t]he elevator installation consists of a group of elevators that convey passengers in a building, where each elevator is controlled by an elevator control.” ('465 Patent, col. 1:24-26.) (emphasis added). This phrasing is more consistent with Defendants’ proposed interpretation that each elevator is controlled by its own elevator control. See Bell At. Network, 262 F.3d at 1271 (“[W]hen a patentee uses a claim term throughout the entire patent specification, in a manner consistent with only a single meaning, he has defined that term ‘by implication.’ ”) (quoting Vitronics Corp., 90 F.3d at 1582). Accordingly, the Court concludes that “elevator installation” means “a group of elevators that convey passengers in a building, where each elevator is controlled by an elevator control.” Claim Term Plaintiffs Proposed Construction Defendants’ Proposed Construction “elevator “a device for controlling the operation at “an existing device that controls the control” least one elevator” operation of the elevator- — the identical elevator control that was in place before modernization” ('861 Patent claims, 1, 2, 3, and 11); ('465 Patent claims 1, 2, 3, and 10) The critical distinction between the proposed constructions submitted by Plaintiff and Defendants is whether the “elevator control” must be “existing,” i.e., “the identical elevator control that was in place before modernization.” Defendants’ position is that the Patents-in-Suit contemplate that the elevator control itself is not replaced as part of the modernization process, rather the same elevator control is re-used during modernization. Defendants rely upon the prosecution history to the Patents-in-Suit, in which Plaintiff submitted amendments to the specification in order to distinguish its patents from prior art. These amendments state The present invention, in contrast, is a modernizing device that is temporarily connected to an existing elevator installation (such as that shown in Fig. 1) having an elevator control that operates in response to call reports generated from hall call transmitters and car call transmitters. The modernizing device, a computing unit and floor terminals are temporarily connected to the existing elevator control for generating destination calls and converting the destination calls into call reports that can be used by the existing elevator control to operate the elevator during modernization. Once modernization of the elevator installation is complete, the modernizing device is removed. Neither the Sirag Jr. patent nor Schuster patent shows or suggests the claimed modernizing device that is temporarily connected to an existing elevator control wherein destination call reports are generated and converted to call reports that can be used to continue to operate the existing elevator control during modernization. (Defs.’ Opening Markman Br. Appx. 116) (emphasis added). The “Sirag Jr.” patent referenced above “shows a permanent elevator control with software for controlling car allocation in an elevator installation via destination call control.” (Id. at 115.) The “Schuster” patent referenced above “shows a permanent elevator control that provides for user input of operating program modifications.” (Id.) Defendants rely upon this language in arguing that the Patents-in-Suit require re-use of the existing elevator control, such that new or modified controls are outside the scope of the patents. In order for statements in the prosecution history to limit a claim, the disavowal must be unambiguous. See Abbott Labs., 566 F.3d at 1288. Here, the amended submission to the PTO cited by Defendants makes clear that the Patents-in-Suit relate to an “existing” elevator control. Therefore, the Court finds that Defendants’ limitation is proper based on Plaintiffs attempt to distinguish the Patents-in-Suit from the “Sirag Jr.” and “Schuster” prior art. See Seachange Int’l, Inc. v. C-COR, Inc., 413 F.3d 1361, 1372-73 (Fed.Cir.2005) (“Where an applicant argues that a claim possesses a feature that the prior art does not possess in order to overcome a prior art rejection, the argument may serve to narrow the scope of otherwise broad claim language.”). Furthermore, Defendants cite to the following two instances in which Plaintiff described the Patents-in-Suit with respect to an “existing” elevator control: (1) The device reads the destination signal, converts it into at least one call report and controls an existing elevator control by the call report. ('465 Patent, Abstract) (emphasis added). (2) In the present case, the existing elevator control 14, 14' is controlled by the computing unit 30 indirectly by way of the modernizing device 36, 36'. (Id., col. 7:35-38.) (emphasis added). These references support the construction that the elevator control contemplated by the Patents-in-Suit must already be in place prior to the modernization process, thereby precluding any new or modified elevator controls from being encompassed by the Patents-in-Suit. Plaintiff appears to concede the point that the elevator control must be “existing” in its brief submitted for the Markman hearing. (See Pl.’s Opening Markman Brief 2) (“The computing unit executes the destination dispatch algorithm, assigns elevators to particular passengers, and controls the existing elevator control equipment via the modernizing devices.”) (emphasis added); (id. 4) (“The destination signals are received by the modernizing devices 36, which in turn instruct existing elevator controls 14 to execute the appropriate instructions ----”) (emphasis added); (id. 5) (“These call reports may then be issued to existing elevator control 14 by signal generator 362 over, for example, a plurality of electrical lines.”) (emphasis added). Based upon the prosecution history and implied definition provided by the abstract and specification, the Court concludes that the term “elevator control” means “an existing device that controls the operation of the elevator — the identical elevator control that was in place before modernization.” Claim Term Plaintiffs Proposed Construction Defendants’ Proposed Construction “call report” “a signal providing passenger conveying The claim term is too ambiguous to be information” construed. ('861 Patent, 861 claims 1, 2, 3 and 11); ('465 Patent claim 1) Plaintiff argues that its definition is supported by the specification describing call reports in the context of users operating elevator cars in which a first call report can “indicate a conveying destination (upwards or downwards) or a boarding floor” and a second call report indicates a “destination floor.” ('465 Patent col. 4:59-67.) Plaintiff further argues that another embodiment of a “call report” is a “destination call report,” which is defined in the specification as including “data regarding not only the boarding floor, but also the destination floor.” (Id. col. 6:18-19.). Defendants counter that the term “call report” is invalid based on its ambiguity. Defendants emphasize that, at a minimum, the construction of “call report” must include some limitation concerning it to use for controlling the elevator control. With respect to Defendants’ indefiniteness argument, the issues before the Court with respect to this term are whether it is indefinite, and if not, what its proper construction should be. “If the meaning of the claim is discernible, even though the task may be formidable and the conclusion may be one over which reasonable persons will disagree, [the Federal Circuit has] held the claim sufficiently clear to avoid invalidity on indefiniteness grounds.” Exxon Res. & Eng’g Co. v. United States, 265 F.3d 1371, 1375 (Fed.Cir.2001). “A claim will be found indefinite only if it is insolubly ambiguous, and no narrowing construction can properly be adopted .... ” Praxair, Inc. v. ATMI, Inc., 543 F.3d 1306, 1319 (Fed.Cir.2008) (internal quotation marks and citation omitted). In contrast, a claim term is definite if it can be given any reasonable meaning. See Young v. Lumenis, Inc., 492 F.3d 1336, 1346 (Fed.Cir.2007) (citing Datamize, LLC v. Plumtree Software, Inc., 417 F.3d 1342, 1347 (Fed.