Citations
- 297 F. Supp. 3d 668
Full opinion text
ROBERT W. SCHROEDER III, UNITED STATES DISTRICT JUDGE
On November 29, 2017, the Court held an oral hearing to determine the proper construction of the disputed claim terms of the patents-in-suit. Having considered the parties claim-construction briefing and based on the intrinsic and extrinsic evidence, the Court construes the disputed terms in this Memorandum and Order as detailed below. See Phillips v. AWH Corp. , 415 F.3d 1303 (Fed. Cir. 2005) ; Teva Pharm. USA, Inc. v. Sandoz, Inc. , --- U.S. ----, 135 S.Ct. 831, --- L.Ed.2d ---- (2015).
BACKGROUND
On November 18, 2016, Plaintiff Maxell, Ltd. ("Maxell") filed suit against Defendants Huawei Device USA Inc., Huawei Device Co., Ltd. (collectively "Huawei") and ZTE USA Inc. ("ZTE"). Plaintiff Maxell, Ltd. ("Maxell") has asserted fifteen patents in this consolidated action:
• U.S. Patent No. 5,396,443 ("'443 Patent"), which is asserted against both Huawei and ZTE USA;
• U.S. Patent Nos. 7,509,139 ("'139 Patent") ; 6,754,440 ("'440 Patent") ; 6,928,292 ("'292 Patent") ; 7,203,517 ("'517 Patent") ; 7,671,901 ("'901 Patent") ; 6,856,760 ("'760 Patent") ; and 7,116,438 ("'438 Patent"), which are asserted against Huawei; and
• U.S. Patent Nos. 6,748,317 ("'317 Patent") ; 8,339,493 ("'493 Patent") ; 8,736,729 ("'729 Patent") ; 6,408,193 ("'193 Patent") ; 6,329,794 ("'794 Patent") ; 6,816,491 ("'491 Patent") ; and 8,098,695 ("'695 Patent"), which are asserted against ZTE USA.
On November 29, 2017, the Court held a Markman hearing on the disputed claim terms of the patents-in-suit. Docket Nos. 118, 138. At the hearing, Maxell and Huawei agreed to the construction of the sole disputed terms in the '901 Patent and '438 Patent. Docket No. 138 (H'rg Tr.) at 101:8-10.
APPLICABLE LAW
"It is a 'bedrock principle' of patent law that 'the claims of a patent define the invention to which the patentee is entitled the right to exclude.' " Phillips v. AWH Corp. , 415 F.3d 1303, 1312 (Fed. Cir. 2005) (en banc) (quoting Innova/Pure Water Inc. v. Safari Water Filtration Sys., Inc. , 381 F.3d 1111, 1115 (Fed. Cir. 2004) ). The Court examines a patent's intrinsic evidence to define the patented invention's scope. Id. at 1313-14 ; Bell Atl. Network Servs., Inc. v. Covad Commc'ns Group, Inc. , 262 F.3d 1258, 1267 (Fed. Cir. 2001). Intrinsic evidence includes the claims, the rest of the specification and the prosecution history. Phillips , 415 F.3d at 1312-13 ; Bell Atl. Network Servs. , 262 F.3d at 1267. The Court gives claim terms their ordinary and customary meaning as understood by one of ordinary skill in the art at the time of the invention. Phillips , 415 F.3d at 1312-13 ; Alloc, Inc. v. Int'l Trade Comm'n , 342 F.3d 1361, 1368 (Fed. Cir. 2003).
Claim language guides the Court's construction of claim terms. Phillips , 415 F.3d at 1314. "[T]he context in which a term is used in the asserted claim can be highly instructive." Id. Other claims, asserted and unasserted, can provide additional instruction because "terms are normally used consistently throughout the patent." Id. Differences among claims, such as additional limitations in dependent claims, can provide further guidance. Id.
"[C]laims 'must be read in view of the specification, of which they are a part.' " Id. (quoting Markman v. Westview Instruments, Inc. , 52 F.3d 967, 979 (Fed. Cir. 1995) ). "[T]he specification 'is always highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single best guide to the meaning of a disputed term.' " Id. (quoting Vitronics Corp. v. Conceptronic, Inc. , 90 F.3d 1576, 1582 (Fed. Cir. 1996) ); Teleflex, Inc. v. Ficosa N. Am. Corp. , 299 F.3d 1313, 1325 (Fed. Cir. 2002). In the specification, a patentee may define his own terms, give a claim term a different meaning that it would otherwise possess, or disclaim or disavow some claim scope. Phillips , 415 F.3d at 1316. Although the Court generally presumes terms possess their ordinary meaning, this presumption can be overcome by statements of clear disclaimer. See SciMed Life Sys., Inc. v. Advanced Cardiovascular Sys., Inc. , 242 F.3d 1337, 1343-44 (Fed. Cir. 2001). This presumption does not arise when the patentee acts as his own lexicographer. See Irdeto Access, Inc. v. Echostar Satellite Corp. , 383 F.3d 1295, 1301 (Fed. Cir. 2004).
The specification may also resolve ambiguous claim terms "where the ordinary and accustomed meaning of the words used in the claims lack sufficient clarity to permit the scope of the claim to be ascertained from the words alone." Teleflex, Inc. , 299 F.3d at 1325. For example, "[a] claim interpretation that excludes a preferred embodiment from the scope of the claim 'is rarely, if ever, correct.' " Globetrotter Software, Inc. v. Elan Computer Group Inc. , 362 F.3d 1367, 1381 (Fed. Cir. 2004) (quoting Vitronics Corp. , 90 F.3d at 1583 ). But, "[a]lthough the specification may aid the court in interpreting the meaning of disputed language in the claims, particular embodiments and examples appearing in the specification will not generally be read into the claims." Constant v. Advanced Micro-Devices, Inc. , 848 F.2d 1560, 1571 (Fed. Cir. 1988) ; see also Phillips , 415 F.3d at 1323.
"A district court's construction of a patent claim, like a district court's interpretation of a written instrument, often requires the judge only to examine and to construe the document's words without requiring the judge to resolve any underlying factual disputes." Teva Pharm. USA, Inc. v. Sandoz, Inc. , --- U.S. ----, 135 S.Ct. 831, 840-41, --- L.Ed.2d ---- (2015). For certain terms, however, the Court may "need to look beyond the patent's intrinsic evidence and to consult extrinsic evidence in order to understand, for example, the background science or the meaning of a term in the relevant art during the relevant time period." Id. at 841. "In cases where those subsidiary facts are in dispute, courts will need to make subsidiary factfindings about that extrinsic evidence." Id.
Although extrinsic evidence is useful, it is "less significant than the intrinsic record in determining the legally operative meaning of claim language." Phillips , 415 F.3d at 1317 (quoting C.R. Bard, Inc. , 388 F.3d at 862 ) (internal quotation marks omitted). Technical dictionaries and treatises may help a court understand the underlying technology and the manner in which one skilled in the art might use claim terms, but technical dictionaries and treatises may provide definitions that are too broad or may not be indicative of how the term is used in the patent. Id. at 1318. Similarly, expert testimony may aid a court in understanding the underlying technology and determining the particular meaning of a term in the pertinent field, but an expert's conclusory, unsupported assertions as to a term's definition are not useful. Id. Generally, extrinsic evidence is "less reliable than the patent and its prosecution history in determining how to read claim terms." Id.
A. Departing from the Ordinary Meaning of a Claim Term
There are "only two exceptions to [the] general rule" that claim terms are construed according to their plain and ordinary meaning: "(1) when a patentee sets out a definition and acts as his own lexicographer, or (2) when the patentee disavows the full scope of the claim term either in the specification or during prosecution." Golden Bridge Tech., Inc. v. Apple Inc. , 758 F.3d 1362, 1365 (Fed. Cir. 2014) (quoting Thorner v. Sony Computer Entm't Am. LLC , 669 F.3d 1362, 1365 (Fed. Cir. 2012) ); see also GE Lighting Solutions, LLC v. AgiLight, Inc. , 750 F.3d 1304, 1309 (Fed. Cir. 2014) ("[T]he specification and prosecution history only compel departure from the plain meaning in two instances: lexicography and disavowal."). The standards for finding lexicography or disavowal are "exacting." GE Lighting Solutions , 750 F.3d at 1309.
To act as his own lexicographer, the patentee must "clearly set forth a definition of the disputed claim term," and "clearly express an intent to define the term." Id. (quoting Thorner , 669 F.3d at 1365 ); see also Renishaw , 158 F.3d at 1249. The patentee's lexicography must appear "with reasonable clarity, deliberateness, and precision." Renishaw , 158 F.3d at 1249.
To disavow or disclaim the full scope of a claim term, the patentee's statements in the specification or prosecution history must amount to a "clear and unmistakable" surrender. Cordis Corp. v. Boston Sci. Corp. , 561 F.3d 1319, 1329 (Fed. Cir. 2009) ; see also Thorner , 669 F.3d at 1366 ("The patentee may demonstrate intent to deviate from the ordinary and accustomed meaning of a claim term by including in the specification expressions of manifest exclusion or restriction, representing a clear disavowal of claim scope."). "Where an applicant's statements are amenable to multiple reasonable interpretations, they cannot be deemed clear and unmistakable." 3M Innovative Props. Co. v. Tredegar Corp. , 725 F.3d 1315, 1326 (Fed. Cir. 2013).
B. Functional Claiming and 35 U.S.C. § 112, ¶ 6 (pre-AIA) / § 112(f) (AIA)
A patent claim may be expressed using functional language. See 35 U.S.C. § 112, ¶ 6; Williamson v. Citrix Online, LLC , 792 F.3d 1339, 1347-49 & n.3 (Fed. Cir. 2015) (en banc in relevant portion). Section 112, Paragraph 6, provides that a structure may be claimed as a "means ... for performing a specified function" and that an act may be claimed as a "step for performing a specified function." Masco Corp. v. United States , 303 F.3d 1316, 1326 (Fed. Cir. 2002).
But § 112, ¶ 6 does not apply to all functional claim language. There is a rebuttable presumption that § 112, ¶ 6 applies when the claim language includes "means" or "step for" terms, and that it does not apply in the absence of those terms. Masco Corp. , 303 F.3d at 1326 ; Williamson , 792 F.3d at 1348. The presumption stands or falls according to whether one of ordinary skill in the art would understand the claim with the functional language, in the context of the entire specification, to denote sufficiently definite structure or acts for performing the function. See Media Rights Techs., Inc. v. Capital One Fin. Corp. , 800 F.3d 1366, 1372 (Fed. Cir. 2015) ( § 112, ¶ 6 does not apply when "the claim language, read in light of the specification, recites sufficiently definite structure" (internal quotation marks omitted) (citing Williamson , 792 F.3d at 1349 ; Robert Bosch, LLC v. Snap-On Inc. , 769 F.3d 1094, 1099 (Fed. Cir. 2014) ) ); Williamson , 792 F.3d at 1349 (" Section 112, ¶ 6 does not apply when "the words of the claim are understood by persons of ordinary skill in the art to have sufficiently definite meaning as the name for structure"); Personalized Media Communications, L.L.C. v. Int'l Trade Com'n , 161 F.3d 696, 704 (Fed. Cir. 1998) (" '[W]here a claim recites a function, but then goes on to elaborate sufficient structure, material, or acts within the claim itself to perform entirely the recited function, the claim is not in means-plus-function format' even if the claim uses the term 'means' ")
When it applies, § 112, ¶ 6 limits the scope of the functional term "to only the structure, materials, or acts described in the specification as corresponding to the claimed function and equivalents thereof." Williamson , 792 F.3d at 1347. Construing a means-plus-function limitation involves multiple steps. "The first step ... is a determination of the function of the means-plus-function limitation." Medtronic, Inc. v. Advanced Cardiovascular Sys., Inc. , 248 F.3d 1303, 1311 (Fed. Cir. 2001). "[T]he next step is to determine the corresponding structure disclosed in the specification and equivalents thereof." Id. A "structure disclosed in the specification is 'corresponding' structure only if the specification or prosecution history clearly links or associates that structure to the function recited in the claim." Id. The focus of the "corresponding structure" inquiry is not merely whether a structure is capable of performing the recited function, but rather whether the corresponding structure is "clearly linked or associated with the [recited] function." Id. The corresponding structure "must include all structure that actually performs the recited function." Default Proof Credit Card Sys. v. Home Depot U.S.A., Inc. , 412 F.3d 1291, 1298 (Fed. Cir. 2005). However, § 112 does not permit "incorporation of structure from the written description beyond that necessary to perform the claimed function." Micro Chem., Inc. v. Great Plains Chem. Co. , 194 F.3d 1250, 1258 (Fed. Cir. 1999).
For § 112, ¶ 6 limitations implemented by a programmed general purpose computer or microprocessor, the corresponding structure described in the patent specification must include an algorithm for performing the function. WMS Gaming Inc. v. Int'l Game Tech. , 184 F.3d 1339, 1349 (Fed. Cir. 1999). The corresponding structure is not a general purpose computer but rather the special purpose computer programmed to perform the disclosed algorithm. Aristocrat Techs. Austl. Pty Ltd. v. Int'l Game Tech. , 521 F.3d 1328, 1333 (Fed. Cir. 2008).
C. Definiteness Under 35 U.S.C. § 112, ¶ 2 (pre-AIA) / § 112(b) (AIA)
Patent claims must particularly point out and distinctly claim the subject matter regarded as the invention. 35 U.S.C. § 112, ¶ 2. "A claim is invalid for indefiniteness if its language, when read in light of the specification and the prosecution history, 'fail[s] to inform, with reasonable certainty, those skilled in the art about the scope of the invention.' " Biosig Instruments, Inc. v. Nautilus, Inc. , 783 F.3d 1374, 1377 (Fed. Cir. 2015) (quoting Nautilus, Inc. v. Biosig Instruments, Inc. , --- U.S. ----, 134 S.Ct. 2120, 2124, 189 L.Ed.2d 37 (2014) ). Whether a claim is indefinite is determined from the perspective of one of ordinary skill in the art as of the time the application for the patent was filed. Nautilus , 134 S.Ct. at 2130. As it is a challenge to the validity of a patent, the failure of any claim in suit to comply with § 112 must be shown by clear and convincing evidence. Id. at 2130 n.10. "[I]ndefiniteness is a question of law and in effect part of claim construction." ePlus, Inc. v. Lawson Software, Inc. , 700 F.3d 509, 517 (Fed. Cir. 2012).
When a term of degree is used in a claim, "the court must determine whether the patent provides some standard for measuring that degree." Biosig Instruments, Inc. v. Nautilus, Inc. , 783 F.3d at 1378 (internal quotation marks omitted). Likewise, when a subjective term is used in a claim, "the court must determine whether the patent's specification supplies some standard for measuring the scope of the [limitation]." Datamize, LLC v. Plumtree Software, Inc. , 417 F.3d 1342, 1351 (Fed. Cir. 2005) ; accord Interval Licensing LLC v. AOL, Inc. , 766 F.3d 1364, 1371 (Fed. Cir. 2014) (citing Datamize , 417 F.3d at 1351 ).
In the context of a claim governed by 35 U.S.C. § 112, ¶ 6, the claim is invalid as indefinite if the claim fails to disclose adequate corresponding structure to perform the claimed functions. Williamson , 792 F.3d at 1351-52. The disclosure is inadequate when one of ordinary skill in the art "would be unable to recognize the structure in the specification and associate it with the corresponding function in the claim." Id. at 1352.
AGREED TERMS
Before the Markman hearing, the parties agreed to construction the following terms:
Term
Agreed Construction
" at least approaches"('443 Patent claim 1)
Plain and ordinary meaning
" simultaneously"('292 Patent claims 1 and 2)
Plain and ordinary meaning
" A mobile communication terminal device having a first physical interface for making a communication to the outside, a second physical interface different in scheme from said first physical interface, and a selection switching determination unit ... , said mobile communication terminal device comprising" / " A mobile communication terminal device having a first physical interface for making a communication to the outside, a second physical interface different in scheme from said first physical interface, and a selection switching determination unit ... , said mobile communication terminal device comprising"*682('517 Patent claims 1 and 9)
The preambles of claims 1 and 9 of the '517 patent are limiting.
" A connection control method for selecting one base station, to which a terminal is to connect, from a plurality of base stations in a wireless communication system" / " A wireless terminal for selecting a connection destination base station from a plurality of base stations in a wireless communication system"('139 Patent claims 1 and 11)
The preambles of claims 1 and 11 of the '139 patent are limiting.
Preambles('491 Patent claims 1 and 2)
The preambles of claims 1 and 2 are limiting.
" voice signal code"('193 Patent claims 1 and 7)
Plain and ordinary meaning
" an input portion to which video signals are inputted"('901 Patent claim 1)
Plain and ordinary meaning
" black side"('901 Patent claim 2)
Plain and ordinary meaning
" video signal[s]"('901 Patent claims 1 and 2)
Plain and ordinary meaning
" obtaining an index of communication quality between the terminal and the base stations"('139 Patent claims 1 and 11)
"obtaining an indication of communication quality between the terminal and the base stations"
" using said input"('438 Patent claim 1)
Plain and ordinary meaning
" an authentication process for allowance to use said display apparatus"('438 Patent claim 1)
"a process that authorizes the user to use the display apparatus"
" a predetermined constant period of time"('443 Patent claim 1)
Plain and ordinary meaning
" means for selecting an object displayed on said display apparatus"('438 Patent claim 3)
Function : selecting an object displayed on said display apparatusStructure : Input/output unit 103 and associated software that allows for the claimed selection function. See, e.g., 8:57- 9:13, 7:52-8:6, Fig. 2 (106).
" operate to the end"('794 Patent claims 8 and 14)
Plain and ordinary meaning
*683" a receiving means for receiving a plurality of compressed and encoded audio data sequences which are multiplexed"('491 Patent claim 9)
Function : receiving a plurality of compressed and encoded audio data sequences which are multiplexedStructure : An antenna and equivalents
Preambles('491 Patent claims 7-9)
The preambles of claims 7-9 are not limiting.
" packetizing audio data sequences which are compressed and encoded and by multiplexing a plurality of those sequences"('491 Patent claims 1 and 2)
"digitized audio data in packet form for transmission is compressed and encoded and by combining a plurality of the data"
" a demultiplexer for extracting the one audio data sequence which is designated by the user from said group of packets depending upon a property or attribute information which each packet has, and further for extracting a method of compression and encoding which is applied for compressing the audio data sequence from a header information which said each audio data sequence has"('491 Patent claims 1, 2, and 9)
Plain and ordinary meaning
" a first memory"('491 Patent claims 1, 2, and 7)
Plain and ordinary meaning
" a digital signal processor for decoding the compressed audio data sequences in accordance with said decoding program codes, sequentially"('491 Patent claims 1, 2, and 9)
Plain and ordinary meaning
" a second memory which said digital signal processor and said video decoder use as work area for the decoding processing thereof"('491 Patent claim 2)
Plain and ordinary meaning
" from an outside"('491 Patent claim 7)
Plain and ordinary meaning
" an input device for inputting a destination"('317 Patent claim 1)
Plain and ordinary meaning
" a device for getting a location information of another portable terminal from said another terminal via connected network"('317 Patent claim 10)
Plain and ordinary meaning
*684" a device for retrieving a route from said present place to said destination"('317 Patent claim 15)
Plain and ordinary meaning
" an image sensing device with a light receiving sensor having an array of pixels arranged vertically and horizontally in a grid pattern, in an N number of vertically arranged pixel lines"('493 Patent claim 5)
Plain and ordinary meaning
" a display unit with a display screen, that displays an image corresponding to the image signals"('493 Patent claim 5)
Plain and ordinary meaning
" an image-instability detector"('493 Patent claim 6)
Plain and ordinary meaning
" an image-instability of the electric camera"('493 Patent claim 6)
Plain and ordinary meaning
" an encoder/decoder apparatus"('193 Patent claims 1 and 7)
Plain and ordinary meaning
" open-loop power control"('193 Patent claims 1 and 7)
Plain and ordinary meaning
" closed-loop power control"('193 Patent claims 1 and 7)
Plain and ordinary meaning
" bias condition"('193 Patent claims 1 and 7)
"the bias voltage and/or current setting of the amplifier"
" a function defining a relation between bias data and gain data stored in said memory"('193 Patent claim 7)
"a relationship between bias data and gain data such that each gain data value has a corresponding bias data value"
" capacity detector for detecting a remaining capacity of said battery"('794 Patent claim 1)
Plain and ordinary meaning
" controller for controlling operation of said function devices based on said remaining capacity"('794 Patent claim 1)
Plain and ordinary meaning
" a capacity detector detecting a remaining battery capacity of said battery"('794 Patent claim 9)
Plain and ordinary meaning
Preambles*685('695 Patent, all asserted claims)
Preambles are limiting
" packetized audio data sequences which are compressed and encoded and by multiplexing a plurality of those sequences"('695 Patent claims 1 and 4)
"digitized audio data in packet form is compressed and encoded and by combining a plurality of the data"
" a demultiplexer for extracting the one audio data sequence which is designated by the user from said group of packets depending upon a property or attribute information of each packet, and further for extracting a method of compression and encoding which is applied for compressing the audio data sequence from a header information of each audio data sequence"('695 Patent claims 1 and 4)
Plain and ordinary meaning
" a memory"('695 Patent claims 1 and 4)
Plain and ordinary meaning
" begins decoding processing"('695 Patent claims 1 and 4)
Plain and ordinary meaning
" a state display means including a display means and for displaying on said display means that said apparatus is in one of a standby state and an active state in response to said power saving state and said non-power saving state, respectively"('443 Patent claim 2)
Function : displaying on said display means that said apparatus is in one of a standby state and an active state in response to said power saving state and said non- power saving state, respectivelyStructure : State display unit 103 including a display device such as a liquid crystal display (LCD), a flat display panel, a light emitting diode (LED) panel, an electroluminescence (EL) panel, a plasma display panel, a cathode ray tube (CRT), and equivalents, together with a processor (e.g. CPU 501) programmed to display state information on the display device in accordance with the procedures set forth e.g. in the specification at 4:6- 9; 4:49-55; 5:30-37; 7:7-60; 8:64- 68; Figs. 2-4 and 11-13 as well as equivalents thereof
" displaying means for displaying at least one of the moving pictures, the still pictures, and the first and second pictures; wherein the displaying means displays a plurality of reproduced ones of the first pictures, and wherein the displaying means displays ones *686of the moving pictures corresponding to any selected first pictures"('440 Patent claim 7)
Function : displaying at least one of the moving pictures, the still pictures, and the first and second picturesStructure : display medium 130, such as a liquid crystal panel. See, e.g ., Figure 6 (130); 13:45-47; 13:49-51; 13:54-57; 13:62-63.
" displaying means for displaying at least one of said first still picture, said second still picture and said first picture, wherein said displaying means displays a plurality of reproduced pictures from the reproducing means, and wherein said displaying means displays said first still picture corresponding to a selected picture"('760 Patent claim 13)
Function : displaying at least one of said first still picture, said second still picture and said first picture such that the displaying means displays a plurality of reproduced pictures from the reproducing means, and wherein said displaying means displays said first still picture corresponding to a selected pictureStructure : display medium 130, such as a liquid crystal panel. See, e.g., Figure 6 (130); 13:43-46; 13:47-49; 13:52-55; 13:60-61.
" a relation of said direction and a direction from said present place to said destination"('317 Patent claims 1 and 10)
Plain and ordinary meaning
" a signal processing unit configured to form image signals"('729 Patent claim 1)
Plain and ordinary meaning
" characterizing quantities of the communication quality for each of the groups"('139 Patent claims 1 and 11)
"group scores derived from the indication of communication quality for each base station in a group"
Docket No. 115-2at B-1-B-14.
At the oral hearing the parties also agreed to the constructions of the following terms:
*687" GPS receiver means for receiving GPS oriented signals and generating received GPS signals"('292 Patent claim 1)
Function : receiving GPS oriented signals and generating received GPS signalsStructure : GPS receiver 200 of a mobile handset, the GPS receiver 200 performing block 600 in Figure 2, as disclosed at 3:24- 32, 2:53-57, or equivalents thereof
" cellular receiver means for receiving cellular-oriented signals and generating received cellular signals"('292 Patent claim 1)
Function : receiving cellular-oriented signals and generating received cellular signalsStructure : cellular receiver 300 of a mobile handset, the cellular receiver performing block 603 in Figure 2, as disclosed at 2:66- 3:4, 4:4-9, or equivalents thereof
" GPS position calculation means for calculating the mobile handset's position from the received GPS signals and outputting a GPS-based position result"('292 Patent claim 1)
Function : calculating the mobile handset's position from the received GPS signals and outputting a GPS-based position resultStructure : position calculation unit for GPS 201 of a mobile handset, the position calculation unit for GPS 201 performing block 601 in Figure 2 and utilizing synchronization acquisition and reception timing measurements for position determination, as disclosed at 2:54-57, 2:57- 60, 3:24-32, 3:33-43, or equivalents thereof
" when any change occurs in the video signal inputted to the input portion" / " when the change of the video signal does not occur and when the illumination detected by the illumination sensor is above a predetermined value"('901 Patent claim 1)
"in response to any change occurring in the video signal inputted to the input portion""in response to the change of the video signal not occurring and the illumination detected by the illumination sensor being above a predetermined value"
" an input entered by the user"('438 Patent claim 1)
Plain and ordinary meaning
" a cellular telephone adapted to be used in a CDMA system, comprising"('193 Patent, all asserted claims)
The preambles are limiting
H'rg Tr. at 6:7-10, 111:19-112:6.
DISPUTED TERMS
A. The '139 Patent
The '139 Patent relates generally to wireless communication systems, more specifically to methods for selecting, from multiple base stations within a wireless system, one base station for communication with a terminal. The Abstract of the '139 Patent recites:
When one base station to which a terminal is to connect is determined from a plurality of base stations in a wireless communication system, the best base station is selected according to the communication quality or the content of communication services. In the wireless communication system, the plurality of base stations are classified into a plurality of groups. Indexes of communication quality between the base stations and the terminal are obtained and, for each group, the characterizing quantities of the indexes of communication quality are calculated. The base station group with which the terminal is to communicate is specified based on the characterizing quantities. One of the base stations in the specified group is determined as a communication destination base station.
'139 Patent Abstract. More particularly, the '139 Patent describes a wireless communication system in which a plurality of base stations are classified into a plurality of groups, and a method for selecting one of the plurality of base stations to connect to a terminal based on calculated characterized quantities of communication quality for each group. As shown in Figure 1, the method described in the '139 Patent obtains an index of communication quality (e.g., a received power, bit rate or signal-to-noise ratio) for each base station (step 102), calculates a group score (e.g., a total power or average power) for each group of base stations (step 103), specifies one of the groups based on the group score (step 104), and selects one of base stations in the specified group to establish a connection (step 105). In one example, the group with the largest total power is specified and a base station within that group is selected to connect to a wireless terminal. See , '139 Patent 2:37-64, 4:45-5:12, Figure 1.
2. "a storage unit in which group information generated by classifying the plurality of base stations into groups" ( '139 Patent claim 11)
Maxell's Proposed Construction Huawei's Proposed Construction "Not indefinite; plain and ordinary meaning" "Indefinite because the claim term does not inform those skilled in the art about the claim's scope with reasonable certainty
Huawei contends that the claim language contains "an obvious grammatical error that renders the term indefinite because one of skill in the art would be unable to determine with reasonable certainty which of (at least) two possible corrections to make." Docket No. 100 at 9. Huawei advances two possible corrections: adding to the end of the claim (1) the phrase "is stored" or (2) the phrase "is stored in RAM." Id. Adding "is stored" to the end of the claim would "mean that the storage unit could be, for example, RAM (Random Access Memory; memory that can be rewritten) or ROM (Read Only Memory; memory that cannot be rewritten)." Id. (citing Docket No. 100-1 (Akl. Decl.) at ¶¶ 173-75, 186-188. Alternatively, according to Huawei, adding "is stored in RAM" is another reasonable correction, as it would "correct the claim to cover the preferred, indeed the only disclosed, embodiment." Id. (citing Akl. Decl. at ¶ 187-90).
In response, Maxell agrees that the claim language contains a "clear typographical error" and requests that the Court correct the error in this claim by adding "is stored" at the end of the claim term. H'rg Tr. at 9:3-11; Docket No. 106 at 11. Maxell notes that it has sought this correction at the USPTO via a Certificate of Correction. Id. Maxell identifies two reasons that it believes defeat Huawei's argument that two corrections are possible.
First, according to Maxell, adding "is stored" would encompass the embodiment in the specification that discloses RAM and Huawei or Dr. Akl have not provided any evidence that the claim should be limited to the RAM embodiment. Id. (citing Docket No. 106-7 (Vojcic Decl.) at ¶ 34).
Second, Maxell contends that "claim 11 is an apparatus claim and [the] applicant indicated its intent to broadly encompass different types of memory by using 'storage unit.' " Id. (citing '139 Patent 11:6). Maxell contends that if the applicant wanted to limit the claim to RAM, it would have recited a RAM storage unit instead of broadly reciting "storage unit." Id. (citing Vojcic Decl. at ¶ 36). Maxell argues that "[t]he correction is being made to the functional recitation of the claim, and a person of ordinary skill in the art would not consider adding 'in RAM' to the functional part of the claim because it is clear that the structure is already defined by 'storage unit,' and the latter part of the claim term is simply describing information that is stored in the already claimed storage unit." Id. at 11-12 (citing Vojcic Decl. at ¶ 36) (emphasis original).
The definiteness standard of 35 U.S.C. § 112, ¶ 2 requires that:
[A] patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty. The definiteness requirement, so understood, mandates clarity, while recognizing that absolute precision is unattainable.
Nautilus , 134 S.Ct. at 2129-30. The parties both agree that as drafted the claim contains an error. The Federal Circuit has held that a district court can "act to correct an error in a patent by interpretation of a patent where no certification of correction has been issued ... only if (1) the correction is not subject to reasonable debate based on consideration of the claim language and the specification and (2) the prosecution history does not suggest a different interpretation of the claims." Novo Indus., L.P. v. Micro Molds Corp. , 350 F.3d 1348, 1354 (Fed. Cir. 2003). If the claim language might mean several different things and no informed and confident choice is available among the contending definitions, the claim is indefinite. See Interval Licensing LLC v. AOL Inc. , 766 F.3d 1364, 1371 (Fed. Cir. 2014) (citing Nautilus, Inc. , 134 S.Ct. at 2130, n.8 (2014) ).
The Court construes "a storage unit in which group information generated by classifying the plurality of base stations into groups" to mean "a storage unit in which group information generated by classifying the plurality of base stations into groups is stored." The correction of "is stored" is not subject to reasonable debate based on the claim language and the specification. In effect, Huawei seeks to limit "a storage unit" to "a RAM storage unit" but has pointed to no lexicography, disclaimer or disavowal in the intrinsic record indicating that the term "storage unit" should be so limited. Even Huawei's own expert states that one skilled in the art would recognize that "storage unit" is a term that is not limited to RAM but inclusive of multiple types of memory. See Akl Decl. at ¶¶ 173-79. And Maxell's expert agrees. See Vojcic Decl. at ¶ 32 ("One of ordinary skill in the art would understand that the function of the "storage unit" is to store and therefore this correction would be the only logical correction to make."). Given that one skilled in the art would recognize that the "a storage unit" for storing "group information generated by classifying the plurality of base stations into groups" would not be limited to RAM, the Court finds it unreasonable to read in a limitation at the end of the claim term that would be in opposition of the broad usage of "a storage unit." Maxell's proposed correction of "is stored" is not subject to reasonable debate based on the claim language and specification and the prosecution history does not suggest a different interpretation of the claims.
Accordingly, the Court finds that the claim is not indefinite and construes "a storage unit in which group information generated by classifying the plurality of base stations into groups" to mean "a storage unit in which group information generated by classifying the plurality of base stations into groups is stored."
B. The '292 Patent
The '292 Patent relates generally to techniques for determining the position of a device, more specifically to a method for determining a position of a mobile handset using both GPS and cellular signals. The Abstract of the '292 Patent recites:
To extend the areas where a mobile handset can determine its position using radio waves, the present invention provides a mobile handset that is equipped with both position calculation means using radio waves from GPS satellites and position calculation means using RF carriers from cellular base stations. Positioning results obtained from both of these position calculation means are combined and weighted with GPS positioning reliability and cellular positioning reliability, respectively. A weighted mean of these results is then output as a final position calculation result.
'292 Patent Abstract. More particularly, the '292 Patent describes a mobile handset that receives transmissions from GPS satellites, determines a position of the mobile handset using GPS signals and calculates the reliability of the GPS position. '292 Patent 3:24-4:3, Figure 1. The mobile handset also receives transmissions from cellular base stations, determines the position of the mobile handset using the cellular signals, and calculates the reliability of the cellular position. '292 Patent 4:4-34, Figure 1. The mobile handset then combines the GPS position, the cellular position, the GPS reliability calculation and the cellular reliability calculation to determine an accurate position of the mobile handset in diverse ambient conditions and environments. '292 Patent 4:43-56, Figure 1.
3. "combining" / "combined" ( '292 Patent claims 1 and 2)
Maxell's Proposed Construction Huawei's Proposed Construction "a determination based on one or more "merging" / "merged" inputs"
Maxell contends that its proposed construction "accounts for the embodiments where the 'GPS-based position calculation result 202' or the 'cellular based position calculation result 302' will have 'no effect on further processing' because they assigned a reliability value of 0." Docket No. 95 at 24-25 (citing '292 Patent 3:64-4:3, 4:36-42). Maxell contends that its proposed construction for combining "is consistent with the embodiments disclosed in the specification-i.e. , 'a determination based on one or more inputs' because, in the scenario where the reliability value of one of the positions is 0, the combining means will make a determination based on one input." Id. at 25 (citing '292 Patent 3:64-4:3, 4:36-42; Docket No. 95-1 at ¶ 5). Maxell contends that Huawei's proposed construction excludes this disclosed embodiment. Id.
According to Huawei, the '292 Patent explains that the GPS and cellular positioning results are "weighted with the reliability 205 and the reliability 305, respectively" and then input to "combination unit 410" which "calculates a weighted mean." Docket No. 100 at 17 (citing '292 Patent 4:49-56, Abstract, 2:13-18, 3:12-17, 4:43-49, 5:7-12, Figures 2 (606) and 3). Thus, Huawei contends, the data are merged.
Huawei argues that merging "is not merely a preferred embodiment; it is the only embodiment." Id. Huawei contends that the inventors "believes that the 'accuracy of the position determination may be enhanced' by 'using both GPS and cellular signals' 'compared to ... using either ... alone.' " Id. (citing '292 Patent 4:1-3) (emphasis original). According to Huawei, when one estimate is unreliable, its reliability value is preferably set to zero and the estimate has no net effect in the merge. Id. at 17-18. Huawei further asserts that, even though the estimate has no net effect on the merge, it still "enters the combiner to be merged. Combining unit 400 does not make any decisions based on the inputs; it simply merges them." Id. at 18.
Huawei contends that its construction is also consistent with the extrinsic evidence and constructions of "combine" from other patents. Id. at 18 n. 11, 12.
Huawei particularly objects to Maxell's proposed construction as expanding "combining" into "selecting." Id. According to Huawei, Maxell's construction would allow for an output based on merely one input-so "if the GPS and cellular positions are equally reliable, a device can just use one and throw the other away." Id. at 18-19. But, Huawei contends, "that is selecting , not combining." Id. at 19 (emphasis original). Moreover, Huawei argues, the present invention uses both GPS and cellular signals, an enhancement compared to using only one of the two, and allowing a device to select between the two would "eviscerate[e] the patent's fundamental feature." Id. (citing On Demand Machine Corp. v. Ingram Indus., Inc. , 442 F.3d 1331, 1344 (Fed. Cir. 2006) ). As an example, Huawei proposes that Maxell's construction would allow for ignoring cellular results completely in a situation where GPS results had 75% reliability and cellular results had 50% reliability, which would be direct opposition to the claimed "combining." See H'rg Tr. at 25:1-27:21, 29:6-30:14.
The specification is clear that both cellular and GPS data are calculated. Further, a reliability factor is output from each of the cellular and GPS calculation units even when it is determined that a position calculation is impossible for the particular unit. '292 Patent 3:64-4:3, 4:36-42. The specification describes and shows the position being output to the combiner in all cases. Id. at Figures 1-3, 3:33-59, 3:64-4:3, 4:10-35, 4:36-42. Maxell's construction would encompass a system that merely selected one or the other of GPS and cellular-for example switching between the two. Construing "combining" / "combined" to mean a determination based on one or more inputs would allow for selection and, thus, ignore the language of the claim and the clear corresponding scope of the specification. Id. at 4:49-56, Abstract, 2:13-18, 3:12-17, 4:43-49, 5:7-12, Figures 2-3.
Maxell contends that Huawei's construction excludes the "value of 0" embodiment in which one of the GPS position or cellular position will have "no effect on further processing." In that embodiment, however, the data from both the GPS and cellular units is still provided to the combiner. The specification and the claims do not state that in such a situation the data is not combined; instead, the specification explains that the reliability weighting is adjusted to achieve the "no effect." That one value may have a corresponding reliability set at zero to have no effect does not mean that the data from the two units is not provided to the combining unit for combining. As described, both values are still output to the combiner.
Thus, as noted in the specification, the "mobile handset of the present invention preferably combines the positioning results obtained by both of [the GPS and cellular]
positioning means [with] the reliability of the positioning... [so that] the mobile handset can accurately determine its position in diverse ambient conditions and environments." '292 Patent 2:13-18. The specification describes a mathematical function (shown in Figure 3) for combining the four inputs supplied to the combining unit 400/410. Although combining all four inputs is preferable, the specification notes that the GPS position results (or the cellular position results) supplied to the combining unit may not be accurate. '292 Patent 3:64-4:3, 4:36-42. When this occurs, the reliability value corresponding to the inaccurate GPS or cellular position is set to 0, so that when the GPS/cellular position and reliability values are combined in the mathematical function, the inaccurate GPS or cellular position has no effect on the position calculation result. '292 Patent 4:43-56.
Maxell's construction would enable the combining unit to determine a position calculation result based on only one, two, three or four of the inputs being supplied to the combining unit. For example, Maxell's construction could enable the combining unit to determine the position of the mobile device based on GPS position alone without ever receiving the other values. This is in direct contrast to the scope of the invention and the claims themselves. '292 Patent 2:13-18.
At the oral hearing, it became clear that Maxell intended to include providing only one factor to the combining unit in the ordinary meaning of "combining." The Court does not agree that such a meaning falls within the ordinary meaning of "combining" or within the meaning of "combining" as used in the specification. In light of Maxell's unsupported view of "combining" and to clearly address that dispute between the parties, the Court makes clear the usage of all of the factors (though a factor could be set to "0" to provide "no effect" for certain factors) as described in the specification by construing the term to require "merging." See O2 Micro Int'l Ltd. v. Beyond Innovation Tech. Co. , 521 F.3d 1351, 1362 (Fed. Cir. 2008) (requiring claim construction disputes to be resolved).
Accordingly, the Court construes " combining" / " combined" to mean "merging" / "merged."
4. "GPS/cellular positioning results combining means for combining the GPS-based position result and the cellular-based position result with the GPS positioning reliability and the cellular positioning reliability" ( '292 Patent claim 1)
Maxell's Proposed Construction Huawei's Proposed Construction Function: combining the GPS-based position Function: combining the GPS based position result and the cellular-based position result result and the cellular-based position result with the GPS positioning reliability and the with the GPS positioning reliability and the cellular positioning reliability cellular positioning reliability Structure: GPSicellular positioning results Structure: GPS/Cellular Positioning Results combining unit 400 andfor components within Combining Unit 400 performing the weighted a mobile handset that perform processing mean disclosed in Figure 3 and at col. 4:49-56, functions, such as, a CPU programmed to block 606 in Fig. 2 execute processing in accordance with the algorithm set forth in the specification, a processor that combines GPS/cellular position as described in Fig. 2 (block 605) and corresponding recitations in the specification as provided herein, or equivalents thereof. See e.g., (4:42 56). (Fig. 3 at 400), (3:12-17), (5:3-7).
The parties agree that this term is a means-plus-function term and generally agree on the function but disagree as to the structure of the means term.
Maxell argues that, while the structure includes block 400 in Figure 3 includes part of the structure that corresponds to the GPS/cellular positioning results combining means, it is "not the only disclosed structure or processing step." Docket No. 95 at 23 (emphasis original). Maxell contends that the '292 Patent provides other examples of processing steps that are to be performed by the claimed combining means in addition to performing the weighted mean disclosed in Figure 3. Id. Specifically, Maxell points to the example when the reliability value is 0:
In some cases, the GPS reliability calculation unit 204 may determine that positioning by GPS is impossible. (For example, if the number of GPS satellites used is found to be two or less). In that event, the GPS reliability calculation unit 204 preferably outputs a value of 0 as the reliability 205 so that the GPS based position calculation result 202 has no effect on further processing.
Id. at 23-24 (citing '292 Patent 3:64-4:3). Maxell also cites to its expert to contend that, in the case where reliability of the cellular or GPS based position is zero, the combining means will not necessarily need to perform a weighted mean because the other non-zero position will be selected. Id. at 24 (citing Docket 95-1 (Braasch Decl.) ¶¶ 50-51). Maxell contends that Huawei dismisses the embodiments where the "GPS/cellular positioning results combining means" will ignore the "GPS-based position calculation result 202" or the cellular based position calculation result 302 because they were unreliable. Id. (citing '292 Patent at 3:64-4:3, 4:36-42).
Maxell also contends that the '292 Patent can be performed by "a single mobile handset," thus a processor that can perform the claimed function is necessarily included. Id. at 24 (citing Braasch Decl. at ¶¶ 50-51 (contending that it is known in the art that a mobile handset may include a processor) ). At the oral hearing, Maxell conceded that the term "processor" was not found in the specification. H'rg Tr. at 36:16-21.
Huawei contends that the only structure clearly linked to the function of the combining means is the weighted average disclosed in Figure 3, described at 4:49-56, and identified as block 606 in Figure 2. Docket No. 100 at 23 (citing Akl Decl. at ¶ 156). Huawei contends that the additional disclosure that Maxell points to is not structure and is not clearly linked to the combining function. Id. (stating that lines 36-41 of 4:36-56 is not structure for the combiner; 4:42-56 is subsumed by Figure 3; 3:64-4:3 (same); 3:12-17 (inputs and outputs, not structure); 5:3-7 (same) ); and citing Akl Decl. at ¶¶ 157-68).
Because the specification describes the use of a mobile handset, Maxell would have the structure of every means term merely being a processor of a mobile handset. A "structure disclosed in the specification is 'corresponding' structure only if the specification or prosecution history clearly links or associates that structure to the function recited in the claim." Medtronic Inc. , 248 F.3d at 1311. The focus of the "corresponding structure" inquiry is not merely whether a structure is capable of performing the recited function but, rather, whether the corresponding structure is "clearly linked or associated with the [recited] function." Id. The specification does not clearly link a generic processor of a mobile handset to the claimed function. In fact, the specification does not recite the processor of a mobile handset. The specification does, however, clearly describe the GPS / Cellular Positioning Results Combining Unit 400 as performing the claimed function. '292 Patent 4:43-56, Figures 1 and 3.
Maxell contends that Huawei ignores the example wherein the reliability 205 value or the reliability 305 value are 0. As discussed above for the "combining" term, the specification does not describe the weighted mean approach as not being used in such situations. Rather, it is noted that the reliability outputs are set to zero so that the GPS or cellular position has no result, as can be seen from the disclosure. The weighted mean approach is still described as being used, though one of the weightings may be 0. See '292 Patent 3:64-4:3, 4:36-42, 4:49-56, block 606 in Figure 2, block 410 in Figure 3.
It is noted that "FIG. 3 represents an exemplary embodiment of the GPS/cellular positioning results combining unit 400." '292 Patent 4:49-50 (emphasis added). However, the corresponding structure of a means-plus-function term is limited to the structure disclosed in the specification. See Medtronic, Inc. , 248 F.3d at 1311. The structure adopted below is the corresponding disclosed structure.
The Court construes " GPS/cellular positioning results combining means for combining the GPS-based position result and the cellular-based position result with the GPS positioning reliability and the cellular positioning reliability" to mean:
Function : combining the GPS based position result and the cellular-based position result with the GPS positioning reliability and the cellular positioning reliability
Structure : GPS / Cellular Positioning Results Combining Unit 400 of a mobile handset performing the weighted mean algorithm disclosed in Figure 3 block 400, Figure 2 block 606, and at cols. 3:12-17, 3:64-4:3, 4:36-56, or equivalents thereof.
8. "cellular position calculation means for calculating the mobile handset's position from the received cellular signals and outputting a cellular-based position result" ( '292 Patent claim 1)
Maxell's Proposed Construction Huawei's Proposed Construction Function: calculating the mobile handset's Function: (1) calculating the mobile position from the received cellular signals and handset's position from the received cellular outputting a cellular-based position result signals and (2) outputting a cellular based position result. Structure: A position calculation unit 301 and/or components within a mobile handset Structure: position calculation unit for that perform processing functions, such as, a cellular 301, which is insufficient structure CPU programmed to execute processing in because the specification does not disclose the accordance with the algorithm set forth in the necessary algorithm or flowchart. which specification, or a processor that performs renders the term indefinite cellular position calculation processes as described in Fig. 2 (block 604) and corresponding recitations in the specification as provided herein, or equivalents thereof. See e.g., (1:23-27), (3:10 11; block 604 in Fig. 2), (4:4-16), (2:66-3:6), (5:3-7).
The parties agree that this term is a means-plus-function term and agree on the function corresponding to the term. The parties dispute, however, whether the specification recites sufficient structure and/or algorithms for calculating the mobile handset's position from the received cellular signals to render the means term definite.
As with the other terms, Maxell objects to construing the position calculation unit for cellular 301 as the only structure. Docket No. 95 at 21. Maxell points to the '292 Patent specification:
In much the same way, a cellular receiver 300 executes the receive operations required for position determination which preferably include: receiving the cellular signals of high/medium frequencies out of the signals received by the antenna 100; baseband signal modulation; synchronization acquisition; and reception timing calculation.
Id. (citing '292 Patent 4:4-16; see also '292 Patent 2:66-3:6 (describing receiver operations); '292 Patent 1:23-23 (disclosing calculating a position using cellular signals based on "propagation delay time of RF carriers.") ). Maxell further argues that the disclosure of the '292 Patent makes clear that the claimed cellular position calculation means makes a "position determination" based on execution of receive operations, including "baseband signal modulation; synchronization acquisition; and reception timing calculation" as part of the reception. Id. at 21-22. Maxell points to the statement in the specification that "the handset calculates its current location using the propagation delay time of the RF carriers." Id. at 22 (citing '292 Patent 1:26-28). According to Maxell, one of ordinary skill in the art would understand that a processor would be a basic component of the disclosed "mobile handset" that will be required to "execute[ ] the receive operations" of baseband signal modulation, synchronization acquisition, and reception timing calculation and, as disclosed by the '292 Patent, these operations are "required for position determination." Id. (citing Braasch Decl. at ¶¶ 46-48, '292 Patent 3:24-32). As with other terms, Maxell argues that the '292 Patent also makes clear that the disclosed invention can be performed by "a single mobile handset," which will necessarily include a processor for executing the disclosed operations. Id.
Huawei contends that "[a]ll that the patent shows is inputs ('GPS signals'), an output ('positioning result Lcell'), a black box ('Position calculation unit for cellular 301'), and a non-structural, purely functional block ('Calculate positioning result Lcell'). Docket No. 100 at 22 (citing '292 Patent Figures 1-2, 3:4-11, 4:10-15; Akl Decl. at ¶¶ 131-35). Huawei contends that the patent does not describe either hardware or an algorithm that connects the inputs to the output. Id. According to Huawei, the '292 Patent"offers 'no instruction for using a particular piece of hardware, employing a specific source code, or following a particular algorithm' for the function." Id. (quoting ePlus , 700 F.3d at 519-20 ). Huawei contends that Maxell identifies only a desired output, a black box, and unrelated-or non-structure. Id. (citing Docket No. 95 at 21).
Huawei contends that, although Maxell references an algorithm in the specification, Maxell does not identify an algorithm. According to Huawei, even though cellular positioning techniques were known before the filing date of the '292 Patent, " 'position calculation unit for cellular 301' is not a term of art, and the mere invocation of this phrase, even in light of the other disclosure that Maxell cites, does not connote structure to a skilled person: these techniques were (and still are) usually implemented as particular algorithms in hardware or a general-purpose processor." Id. (citing Akl Decl. at ¶¶ 132-37). Huawei contends that merely because one could devise a way to calculate cellular-based positions does not save this claim because the inventors were required to identify the structure they wanted to claim and did not do so. Id.
In its reply, Maxell contends that Huawei contradicts its positions in Huawei's briefing on a motion to dismiss under section 101. Maxell contends that in its 101 briefing, Huawei stated that the '292 Patent utilizes "off-the-shelf generic GPS and cellular hardware" that "can be implemented in generic hardware" and that "the '292 Patent employs conventional GPS and cellular components for their routine functions ... [such that] obtaining position estimates and the reliability of these estimates was background technology." Docket No. 106 at 3-4 (citing Docket No. 26 at 1, 12 and Docket No. 31 at 3).
Maxell also responds that the '292 Patent discloses specific algorithms for "calculating the mobile handset's position from the received cellular signal." Id. at 5 (citing '292 Patent 4:4-16, 2:66-3:6, 1:24-29, Braasch Decl. at ¶¶ 46-48).
As with the "GPS position calculation means" term discussed above, Maxell contends that one skilled in the art would understand that the mobile handset would include a processor (such as a CPU) that performs cellular position calculation processes as described in Figure 2 (block 604). Maxell also contends that the specification discloses specific algorithms for "calculating the mobile handset's position from the received cellular signal" in '292 Patent 4:4-16, 2:66-3:6, 1:24-29. As explained above, the '292 Patent specification fails to recite a processor, much less clearly link or associate a processor with the claimed function of "calculating the mobile handset's position from the received cellular signals and outputting a cellular-based position result."
The '292 Patent specification discloses "position calculation unit for cellular 301 calculates the position of the mobile handset using the cellular signals." '292 Patent 4:11-13. Huawei contends that the '292 Patent specification fails to recite specific algorithms for "calculating the mobile handset's position from the received cellular signal" in 4:4-16 and 2:66-3:6. However, the specification does disclose in the passage at 1:24-29 that cellular position can be calculated, i.e., by "using the propagation delay time of the RF carriers." The specification describes this technique in a manner such that it is clear that this basic cellular-position technique for determining location has deficiencies. These deficiencies, however, are addressed by using both GPS and RF carrier cellular information, as disclosed in the '292 Patent. '292 Patent 1:48-2:19. At the oral hearing, Maxell agreed to the construction adopted below. H'rg Tr. at 44:14-17, 46:18-23.
Accordingly, the Court construes " cellular position calculation means for calculating the mobile handset's position from the received cellular signals and outputting a cellular-based position result" to mean:
Function : calculating the mobile handset's position from the received cellular signals and outputting a cellular based position result
Structure : position calculation unit for cellular 301 of a mobile handset, the position calculation unit for cellular 301 performing block 604 in Figure 2 and utilizing propagation delay of RF carriers for position determination, as disclose