Citations
- 357 F. Supp. 3d 801
Full opinion text
Leonard T. Strand, Chief Judge
I. INTRODUCTION
This action is before me for submission to the parties of a ruling on patent claims construction after a Markman hearing. Defendant Sioux Steel Company (Sioux Steel) holds United States Patent No. 6,499,930 ('930 patent) which, as will be discussed, involves a grain bin unloading system. Plaintiff Sukup Manufacturing Co. (Sukup) seeks a declaratory judgment under 28 U.S.C. §§ 2201 and 2202 that its Zero-Entry Paddle Sweep products do not infringe the '930 patent. See Doc. No. 1.
The parties dispute the construction of certain claim terms contained in the '930 patent.
II. BACKGROUND
A. Procedural History
Sukup filed its complaint (Doc. No. 1) on November 16, 2017. On August 3, 2018, the parties filed a joint claim construction and prehearing statement. Doc. No. 31. This was later amended and submitted with a joint appendix. See Doc. Nos. 37, 38. On September 13, 2018, the parties presented a technical tutorial on the background of the technology at issue in the case. See Doc. No. 36. On September 19, 2018, Sukup filed its opening claim construction brief. Doc. No. 43. Sioux Steel submitted its rebuttal claim construction brief (Doc. No. 44) on September 24, 2018, and Sukup submitted a reply (Doc. No. 45) on October 1, 2018. Prior to the Markman hearing, Sioux Steel submitted another rebuttal (Doc. No. 50) and Sukup submitted a supplement (Doc. No. 52). The parties appeared for a Markman hearing on October 30, 2018. Sioux Steel submitted a supplement (Doc. No. 56) and post-hearing claim construction brief (Doc. No. 57) on November 13, 2018. Sukup submitted a supplemental brief (Doc. No. 58) on November 14, 2018.
B. The '930 Patent and Disputed Claims
This case involves a "grain bin unloading system" with five claims and up to 13 terms at issue. Grains bins are used to store harvested grain, such as wheat and corn, to protect the grain from weather conditions prior to the grain being used or sold. See Doc. No. 42 at 10. After grain is harvested, it is generally dried and then loaded into the grain bin through an opening in the roof. Id. To unload a cylindrical grain bin, the grain flows under the force of gravity through a well or sump in the floor to a discharge conveyor or other system under the grain bin, which transports the grain to a truck or other means of transport. Id. When the grain reaches the angle of repose, gravity no longer works to evacuate the grain bin, resulting in an "inverted cone" formation of the grain. Id. The residual grain can amount to 20 to 25 percent of grain in the bin, which must be physically removed through some mechanism. Id. This can be done by sweeping the grain toward the opening by a mechanical sweep. Id. at 10-11.
The '930 patent discloses a "Grain Bin Unloading System," which is described in the abstract as follows:
An unloading system for a grain bin. The unloading system includes a sweep conveyor for sweeping grain from the interior of the grain bin to a well in the floor of the grain bin. The sweep conveyor includes an elongated frame, a first sprocket at one end of the frame, an endless chain extending between the first and second sprockets, a plurality of spaced apart paddles attached to the chain, and a motor for causing the chain to rotate whereby the paddles will drag or sweep grain to the well in the floor of the grain bin.
Doc. No. 38-1 at 2. Or, as illustrated in the patent:
Id. at 3.
The '930 patent originally made six claims. It was amended in 2016 to include 15 more claims. See Doc. No. 38-1 at 10. Of the 21 total claims, five are at issue. They include the following:
1. An unloading system for a grain bin having an interior for holding a quantity of grain, having a floor within said interior for supporting said quantity of grain, and having a well in said floor for allowing grain to be unloaded from said interior of said grain bin therethrough, said unloading system comprising:
(a) an elongated frame for position on said grain supported on said floor of said grain bin, said frame having a first end and a second end, said first end of said frame being positioned adjacent said well in said floor of said grain bin; said frame including an elongated hood having a top panel, a first wall, and a second side wall, and an opened bottom;
(b) a first wheel rotatably attached to said frame adjacent said first end of said frame;
(c) a second wheel rotatably attached to said frame adjacent said second end of said frame;
(d) a belt passing about said first and second wheels;
(e) a plurality of spaced apart paddles attached to said belt for engaging grain on said floor of said grain bin through said opened bottom of said hood of said frame; and
(f) power means for rotating one of said wheels to cause said belt to rotate about said first and second wheels and cause said paddles to sweep grain from said floor of said grain bin to said well of said grain bin.
4. The unloading system of claim 1 in which is included drive means for causing said frame to rotate about said well.
8. The unloading system of claim 1 wherein at least one of the paddles extends downwardly from said belt and extends laterally to said belt in a direction substantially parallel to the floor.
14. An unloading system for a grain bin having an interior for holding a quantity of grain, having a floor within said interior for supporting said quantity of grain, and having a well in said floor for allowing grain to be unloaded from said interior of said grain bin therethrough, said unloading system comprising:
(a) an elongated frame for position on said grain supported on said floor of said grain bin, said frame having a first end and a second end, said first end of said frame being positioned adjacent said well in said floor of said grain bin, said frame including an elongated hood having a top panel, a first side wall, and a second side wall, and an opened bottom;
(b) a first wheel rotatably attached to said frame adjacent said first end of said frame;
(c) a second wheel rotatably attached to said frame adjacent said second end of said frame;
(d) a belt passing about said first and second wheels;
(e) a plurality of spaced apart paddles attached to said belt for engaging grain on said floor of said grain bin through said opened bottom of said hood of said frame, said first and second side walls extending downwardly from said top panel, said first and second side walls laterally shielding portions of said paddles extending above said belt and positioned between said first and second wheels, said second side wall having a bottom edge spaced further from said top panel than a bottom edge of said first side wall;
(f) power means for rotating one of said wheels to cause said belt to rotate about said first and second wheels and cause said paddles to sweep grain from said floor of said grain bin to said well of said grain bin, said first side wall being positioned adjacent to portions of said paddles extending below said belt and moving towards said well when said belt is rotated by said power means, said paddles being configured to sweep grain into said well.
15. The unloading system of claim 14 wherein at least one of the paddles extends downwardly from said belt and extends laterally to said belt in a direction substantially parallel to the floor.
Doc. No. 38-1.
C. History of the '930 Patent
The original application that led to the '930 patent was filed on September 17, 2001, by the inventor, Carl R. Dixon. See Doc. No. 38-2 at 2. The application contained six claims, including one independent claim (Claim 1) and five dependent claims (Claims 2-6). Initially, the claims were rejected as being obvious in light of the prior art. Id. at 58-61. Dixon then amended Claim 1 to:
define the frame of applicant's unloading system as including an elongated hood having a top panel, a first side wall, and a second side wall, and an opened bottom; and to define the paddles of applicant's unloading system as for engaging grain on the floor of the grain bin through the opened bottom of the hood of the frame.
Doc. No. 38-2 at 72. The United States Patent and Trademark Office (USPTO) allowed the claims, see id. at 85, and issued the '930 patent on December 31, 2002. See Doc. No. 38-1 at 2. On June 16, 2011, Dixon assigned the '930 patent to Sioux Steel.
On September 4, 2012, a competitor filed a request for ex parte reexamination of the '930 patent, challenging all six claims. See Doc. No. 38-3 at 2-29. The USPTO granted the request for reexamination. On February 18, 2013, Sioux Steel added claims 7-21. On April 10, 2013, the USPTO issued a Final Rejection, rejecting claims 1-21. Id. at 180. Sioux Steel appealed and the Patent Trial and Appeal Board (PTAB) reversed the Examiner's decision, concluding that the six original claims were confirmed patentable and new claims 7-21 were deemed patentable over the newly cited prior art. Id. at 421-22; 432-41; 464-69. The ex parte Reexamination Certificate was issued on January 7, 2016. Id. at 476-77.
D. Sukup's Zero-Entry Paddle Sweep and Other Grain Bin Sweeps
The accused product is Sukup's Zero-Entry Paddle Sweep. While not particularly relevant to claim construction for the '930 patent, it does provide some context of why these claims and terms matter to the parties. See Pall Corp. v. Hemasure Inc. , 181 F.3d 1305, 1308 (Fed. Cir. 1999) ("Although the construction of the claim is independent of the device charged with infringement, it is convenient for the court to concentrate on those aspects of the claim whose relation to the accused device is in dispute.").
Doc. No. 43 at 6. Sukup notes that its paddle sweep (pictured above) is composed of two metal sheets bolted together to form an A-frame design. The '930 patent includes the following illustration of the preferred embodiment of its design.
Doc. No. 38-1 at 4. Sukup points out that in the "Background of the Invention" section of Dixon's 2001 patent application, he characterized the prior art as including only auger-style sweeps. Doc. No. 43 at 6. Sukup argues that paddle sweeps existed at the time, including French Patent Application No. FR8805249A (published as FR 2,630,620) in 1988, by Jean Carrouget. Sukup argues the paddles of the Carrouget device engage grain on the floor of the grain bin and move it through an opened bottom of the hood towards the well of the grain bin. Id. at 7. Sukup contends this is the "critical" feature Dixon identified in distinguishing prior art during the original prosecution and subsequent reexamination. Id. The Carrouget patent was never disclosed to nor considered by the USPTO, and Sukup argues Sioux Steel's constructions are aimed at distinguishing the '930 patent from this "knock out" prior art.
III. APPLICABLE STANDARDS
Before the fact finder can consider a claim of patent infringement, the court must determine what the claim (the patent) is. Thus, an infringement case has two distinct stages. First, the court finds the proper construction of the patent. Second, the fact finder considers whether the patent was violated. See Cook Biotech Inc. v. Acell, Inc. , 460 F.3d 1365, 1372 (Fed. Cir. 2006).
The court interprets the words of the claim to determine their meaning and scope. See Presidio Components, Inc. v. American Tech. Ceramics Corp. , 702 F.3d 1351, 1358 (Fed. Cir. 2012) (citing Cybor Corp. v. FAS Techs., Inc. , 138 F.3d 1448, 1454 (Fed. Cir. 1998) ); Markman , 517 U.S. at 391, 116 S.Ct. 1384. "When the parties present a fundamental dispute regarding the scope of a claim term, it is the court's duty to resolve it." O2 Micro Int'l, Ltd. v. Beyond Innovation Tech. Co. , 521 F.3d 1351, 1362 (Fed. Cir. 2008). "There are limits to the court's duties at the patent claim construction stage. For example, courts should not resolve questions that do not go to claim scope, but instead go to infringement, or improper attorney argument."
Eon Corp. IP Holdings v. Silver Spring Networks , 815 F.3d 1314, 1319 (Fed. Cir. 2016) (citations omitted). However, claim construction is a quasi-factual question, and the court is allowed to make factual findings and resolve fact-based disputes. Teva Pharm. USA, Inc. v. Sandoz, Inc. , --- U.S. ----, 135 S.Ct. 831, 838, --- L.Ed.2d ---- (2015). After the claim is construed, the fact finder then "compares the properly construed claims to the allegedly infringing device." Presidio Components , 702 F.3d at 1358. Thus, my task is to "define[ ] the claim with whatever specificity and precision is warranted by the language of the claim and the evidence bearing on the proper construction," and then, "the task of determining whether the construed claim reads on the accused product is for the finder of fact." Markman , 517 U.S. at 370, 116 S.Ct. 1384.
The interpretation and construction of patent claims is a matter of law solely for the court. Id. at 390, 116 S.Ct. 1384. "It is the claims that define the metes and bounds of the patentee's invention." Thorner v. Sony Computer Entertainment America, L.L.C. , 669 F.3d 1362, 1367 (Fed. Cir. 2012) (citing Phillips v. AWH Corp. , 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc) ). Claim interpretation proceeds under the guidelines set forth in Markman. Accordingly:
To ascertain the meaning of claims, we consider three sources: the claims, the specification, and the prosecution history. Expert testimony, including evidence of how those skilled in the art would interpret the claims, may also be used. In construing the claims in this case, all these sources, as well as extrinsic evidence in the form of [ ] sales literature, were included in the record of the trial court proceedings.
Markman , 52 F.3d at 979 (citations and internal quotations omitted).
The construction process begins with the language of the claims. See Renishaw P.L.C. v. Marposs Societá Per Azioni , 158 F.3d 1243, 1248 (Fed. Cir. 1998). Claim terms are generally given their plain and ordinary meanings to one of skill in the art when read in the context of the specification and prosecution history. See Phillips , 415 F.3d at 1313. "There are only two exceptions to this general rule: 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." Thorner , 669 F.3d at 1365. The standards for finding lexicography and disavowal are exacting. Hill-Rom Servs. v. Stryker Corp. , 755 F.3d 1367, 1371 (Fed. Cir. 2014). "To act as its own lexicographer, a patentee must clearly set forth a definition of the disputed claim term other than its plain and ordinary meaning" and must "clearly express an intent to redefine the term." Thorner , 669 F.3d at 1365. Disavowal requires that "the [intrinsic record] makes clear that the invention does not include a particular feature." SciMed Life Sys., Inc. v. Advanced Cardiovascular Sys., Inc. , 242 F.3d 1337, 1341 (Fed Cir. 2001).
The ordinary meaning of a claim term is not "the meaning of the term in the abstract." Eon Corp. , 815 F.3d at 1321. Instead, "the 'ordinary meaning' of a claim term is its meaning to the ordinary artisan after reading the entire patent." Id. ; see also Toro Co. v. White Consol. Indus., Inc. , 199 F.3d 1295, 1299 (Fed. Cir. 1999) ("Determining the limits of patent claim required understanding its terms in the context which they were used by the inventor, considered by the examiner, and understood in the field of the invention."); Anderson v. Int'l Eng'g & Mfg., Inc. , 160 F.3d 1345, 1348-49 (Fed. Cir. 1998) ("a word describing patented technology takes its definition from the context in which it was used by the inventor."). "[T]he person of ordinary skill in the art is deemed to read the claim term not only in the context of the particular claim in which [it] appears, but in the context of the entire patent, including the specification." Phillips , 415 F.3d at 1313. While claim terms are understood in light of the specification, a claim construction must not import limitations from the specification into the claims. Id. at 1323. The Federal Circuit views intrinsic evidence as "the most significant source of the legally operative meaning of disputed claim language." Vitronics Corp. v. Conceptronic, Inc. , 90 F.3d 1576, 1582 (Fed. Cir. 1996).
When the meaning of a claim term is in doubt, the specification is the "single best guide to the meaning of a disputed term" and is typically dispositive on the issue of claim construction. Id. "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." Innova/Pure Water, Inc. v. Safari Water Filtration Systems, Inc. , 381 F.3d 1111, 1115-16 (Fed. Cir. 2004). However, "it is improper to read limitations from a preferred embodiment described in the specification-even if it is the only embodiment-into the claims absent a clear indication in the intrinsic record that the patentee intended the claims to be so limited." Liebel-Flarsheim Co. v. Medrad, Inc. , 358 F.3d 898, 913 (Fed. Cir. 2004). Because claim terms are construed based on the intrinsic evidence to the particular patent at issue, one court's construction of a word in one patent is not conclusive, and may not even be probative, of that word's meaning in another patent. e.Digital Corp. v. Futurewei Tech., Inc. , 772 F.3d 723, 727 (Fed. Cir. 2014). It is improper to rely on extrinsic evidence when any ambiguity in the claims can be resolved by reference to the intrinsic record alone. Id. at 1583.
Determining the ordinary meaning as understood by an ordinary person of skill in the art is the heart of claim construction. Aylus Networks, Inc. v. Apple Inc. , 856 F.3d 1353 (Fed. Cir. 2017). In the most desirable situation, the ordinary meaning of a claim's language may be apparent to lay judges, and the claim construction may involve little more than the application of the widely accepted meaning of commonly understood words. Brown v. 3M , 265 F.3d 1349, 1352 (Fed. Cir. 2001). "A determination that a claim term 'needs no construction' or has the 'plain and ordinary meaning' may be inadequate when a term has more than one 'ordinary' meaning or when reliance on a term's 'ordinary' meaning does not resolve the parties' dispute." Id. at 1361. This does not mean, however, that a court must attempt the impossible task of resolving all questions of meaning with absolute, unambiguous finality. Eon Corp. , 815 F.3d at 1318. "[A] sound claim construction need not always purge every shred of ambiguity." Id. (quoting Acumed LLC v. Stryker Corp. , 483 F.3d 800, 806 (Fed. Cir. 2007) ); see also Vivid Techs., Inc. v. Am. Science & Eng'g, Inc. , 200 F.3d 795, 803 (Fed. Cir. 1999) ("[O]nly those terms need be construed that are in controversy, and only to the extent necessary to resolve the controversy.").
"[T]he construction of claims is simply a way of elaborating the normally terse claim language: in order to understand and explain, but not to change, the scope of the claims." Scripps Clinic & Research Foundation v. Genentech, Inc. , 927 F.2d 1565, 1580 (Fed. Cir. 1991). Courts have wide latitude in the type of sources that can be used in construing claim meaning. Phillips , 415 F.3d at 1324 (the court is not "barred from considering any particular sources or required to analyze sources in any specific sequence.").
The claim construction process is not confined to the intrinsic record alone, however extrinsic evidence may not be used "to contradict claim meaning that is unambiguous in light of the intrinsic evidence." Id. However, courts must be wary of extrinsic evidence because "legal error arises when a court relies on extrinsic evidence that contradicts the intrinsic record." Profectus Tech. LLC v. Huawei Techs. Co. , 823 F.3d 1375, 1379 (Fed. Cir. 2016).
The doctrine of claim differentiation creates a presumption that distinct claims, particularly an independent claim and its dependent claim, have different scopes. World Class Tech. Corp. v. Ormco Corp. , 769 F.3d 1120, 1125 (Fed. Cir. 2014). " 'In the most specific sense, claim differentiation refers to the presumption that an independent claim should not be construed as requiring a limitation added by a dependent claim.' " Enzo Biochem, Inc. v. Applera Corp. , 780 F.3d 1149, 1156-57 (Fed. Cir. 2015) (quoting Curtiss-Wright Flow Control Corp. v. Velan, Inc. , 438 F.3d 1374, 1381 (Fed. Cir. 2006) (citing Nazomi Commc'ns, Inc. v. Arm Holdings, PLC , 403 F.3d 1364, 1370 (Fed. Cir. 2005) ) ). However, claim differentiation is merely a presumption. CardSoft (assignment for the Benefit of Creditors), LLC v. VeriFone, Inc. , 807 F.3d 1346, 1352 (Fed. Cir. 2015). "It is 'a rule of thumb that does not trump the clear import of the specification.' " Id. (quoting Eon-Net LP v. Flagstar Bancorp , 653 F.3d 1314, 1323 (Fed. Cir. 2011) ); see also Marine Polymer Techs., Inc. v. HemCon, Inc. , 672 F.3d 1350, 1359 (Fed. Cir. 2012) (en banc) ("[C]laim differentiation is not a hard and fast rule and will be overcome by a contrary construction dictated by the written description or prosecution history." (citation and quotation omitted.) ). "There is presumed to be a difference in meaning and scope when different words or phrases are used in separate claims." Tandon Corp. v. U.S. Int'l Trade Comm'n , 831 F.2d 1017, 1023 (Fed. Cir. 1987).
IV. ANALYSIS
As noted above, the parties have filed an amended joint claim construction statement, which is generally intended to narrow the scope of the Markman process. This statement identifies the following disputed claim terms:
Claim Term/Phrase #1 (proposed by both parties) Grain Bin (Claims 1 and 14) Sioux Steel's Position Sukup's Position A structure for storing grain that is A structure for storing grain. primarily cylindrical in nature and that can be emptied, at least partially, by Supporting evidence: gravity through a center well. The specification, including the claims, of the '930 Patent and its prosecution Supporting evidence: history; written or oral testimony from The specification, including the claims, Dr. Ronald Noyes as to how a person of of the `930 Patent and its prosecution ordinary skill in the art would understand history; written or oral testimony from a the claim language; Merriam-Webster's person of ordinary skill in the art, Jim Collegiate Dictionary (10th ed.; online Maness; Sukup Manufacturing Co.'s Bin ed.). Operational Manual. Claim Term/Phrase #2 (proposed by both parties) Well (Claims 1 and 14) Sioux Steel's Position Sukup's Position An opening that allows for the discharge A structure for receiving grain. of grain from the grain bin through the grain bin floor Supporting evidence: Supporting evidence: The specification, including the claims, The specification, including the claims, of the '930 Patent and its prosecution of the `930 Patent and its prosecution history; written or oral testimony from history; written or oral testimony from a Dr. Ronald Noyes as to how a person of person of ordinary skill in the art, Jim ordinary skill in the art would understand Maness; Sukup Manufacturing Co.'s Bin the claim language. Operational Manual. Claim Term/Phrase #3 (proposed by Sioux Steel) An elongated hood having a top panel, a first side wall, and a second side wall (Claims 1 and 14)
Sioux Steel's Position Sukup's Position An extended cover or shroud that has a Sukup contends it is improper to construe part above the paddles and two lateral all of the subject claim terms together as portions Sioux Steel proposes to do, as it risks not giving meaning to all of the structural Supporting evidence: limitations in the claim language. The specification, including the claims, of the `930 Patent and its prosecution history; written or oral testimony from a person of ordinary skill in the art, Jim Maness; Oxford Dictionary of Mechanical Engineering. Claim Term/Phrase #4 (proposed by Sukup) Elongated (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this Extending the length of; long in term needs to be construed in isolation of proportion to width. the entire phrase in Item 3. To the extent the Court believes a separate construction Supporting evidence: is needed for the jury, Sioux Steel The specification, including the claims, proposes: Extended of the '930 Patent and its prosecution history; written or oral testimony from Supporting evidence: Dr. Ronald Noyes as to how a person of The specification, including the claims, ordinary skill in the art would understand of the `930 Patent and its prosecution the claim language. Merriam-Webster's history; written or oral testimony from a Collegiate Dictionary (10th ed.; online person of ordinary skill in the art, Jim ed.) Maness. Claim Term/Phrase #5 (proposed by Sukup) Elongated frame (Claims 1 and 14)
Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this term See proposed constructions and needs to be construed by the Court. To the supporting evidence identified for extent the Court believes a construction is "elongated" and "frame". needed for the jury, Sioux Steel proposes: An extended supporting structure Supporting evidence: The specification, including the claims, of the `930 Patent and its prosecution history; written or oral testimony from a person of ordinary skill in the art, Jim Maness. Claim Term/Phrase #6 (proposed by Sukup) Frame (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this A supporting structure term needs to be construed by the Court. To the extent the Court believes a Supporting evidence: construction is needed for the jury, Sioux Merriam-Webster's Collegiate Steel proposes: A supporting structure Dictionary (10th ed.; online ed.) Supporting evidence: The specification, including the claims, of the `930 Patent and its prosecution history; written or oral testimony from a person of ordinary skill in the art, Jim Maness. Claim Term/Phrase #7 (proposed by Sukup) Elongated hood (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this See proposed constructions and term needs to be construed in isolation of supporting evidence identified for the entire phrase in Item 3. To the extent "elongated" and "hood". the Court believes a separate construction is needed for the jury, Sioux Steel proposes: An extended cover or shroud Supporting evidence: The specification, including the claims, of the `930 Patent and its prosecution history; written or oral testimony from a person of ordinary skill in the art, Jim Maness. Claim Term/Phrase #8 (proposed by Sukup) Hood (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this A protective cover. term needs to be construed in isolation of the entire phrase in Item 3. To the extent Supporting evidence: the Court believes a separate construction The specification, including the claims, is needed for the jury, Sioux Steel of the '930 Patent and its prosecution proposes: A cover or shroud history; written or oral testimony from Dr. Ronald Noyes as to how a person of Supporting evidence: ordinary skill in the art would understand The specification, including the claims, the claim language. of the `930 Patent and its prosecution history; written or oral testimony from a person of ordinary skill in the art, Jim Maness. Claim Term/Phrase #9 (proposed by Sukup) Top panel (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this A top wall that protects the paddles term needs to be construed in isolation of from grain. the entire phrase in Item 3. To the extent the Court believes a separate construction Supporting evidence: is needed for the jury, Sioux Steel The specification, including the claims, proposes: A part of the hood above the of the '930 Patent and its prosecution paddles history; written or oral testimony from Dr. Ronald Noyes as to how a person of Supporting evidence: ordinary skill in the art would understand The specification, including the claims, of the claim language. the `930 Patent and its prosecution history; written or oral testimony from a person of ordinary skill in the art, Jim Maness. Claim Term/Phrase #10 (proposed by Sukup) Side wall (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this A lateral wall that controls the term needs to be construed in isolation of amount of grain that enters the the entire phrase in Item 3. To the extent housing. the Court believes a separate construction is needed for the jury, Sioux Steel Supporting evidence: proposes: A lateral portion of the hood The specification, including the claims, of the '930 Patent and its prosecution Supporting evidence: history; written or oral testimony from The specification, including the claims, Dr. Ronald Noyes as to how a person of of the `930 Patent and its prosecution ordinary skill in the art would understand history; written or oral testimony from a the claim language. person of ordinary skill in the art, Jim Maness. Claim Term/Phrase #11 (proposed by both parties) Power means (Claims 1 and 14) Sioux Steel's Position Sukup's Position Claimed Function: for rotating one of Claimed Function: for rotating one of said wheels; [wherein the wheel may said wheels to cause said belt to rotate be a sprocket] about said first and second wheels and cause said paddles to sweep grain from Corresponding structure: motor said floor of said grain bin to said well of said grain bin. Supporting evidence: The specification, including the claims, of Corresponding Means: a motor 65 and a the `930 Patent and its prosecution history; gear box 67 for reducing the speed or written or oral testimony from a person of revolutions per minute of the output ordinary skill in the art, Jim Maness. shaft of the motor 65 and changing the axis of rotation of the output shaft of the motor 65, and a belt drive means 69 (defined below) for transferring power from the gear box 67 to the first shaft 53. The motor 65 and gear box 67 are mounted on the first end 35 of the frame 33. The belt drive means 69 includes a first pulley or sprocket 71 attached to the output shaft of the gear box 67, a second pulley or sprocket 73 attached to one end of the first shaft 53, and a belt or chain 75 extending between the first and second pulleys 71, 73 so that power from the motor 65 can be transferred through the gear box to the sprocket 49 to cause the chain 57 and paddles 59 to circle about the sprockets 49, 51 in the direction of the arrows 77 in FIGS.2 and 4, dragging grain G toward the first end 35 of the frame 33 to a well 25. Supporting evidence: The specification, including the claims, of the '930 Patent and its prosecution history; written or oral testimony from Dr. Ronald Noyes as to the claimed function and corresponding structure in the '930 Patent. Claim Term/Phrase #12 (proposed by both parties) Drive means (Claim 4) Sioux Steel's Position Sukup's Position Claimed function: for causing said Claimed Function: for causing said frame to rotate frame to rotate about said well. Corresponding structure: at least one Corresponding structure: One or two drive wheel drive wheels 81 mounted to the second end 37 of the frame 33 for being rotated Supporting evidence: by the power means 63 (same Power The specification, including the claims, Means as defined above in the Power of the `930 Patent and its prosecution Means construction) and for drivably history; written or oral testimony from a engaging the floor 18 of the grain bin 13 person of ordinary skill in the art, Jim and grain G supported on the floor 18 of Maness. the grain bin 13 to rotate the frame 33 about the well 25. The drive means 79 includes a gear box 83 coupled between the drive wheels 81 and one end of the second shaft 55 for being rotated by the second shaft 55, for reducing the speed or revolutions per minute of the second shaft 55, for changing the axis of rotation, and for rotating the drive wheel 81 in response to the rotation of the first sprocket 49 by the power means 63 (same Power Means as defined above in the Power Means construction). Supporting evidence: The specification, including the claims, of the '930 Patent and its prosecution history; written or oral testimony from Dr. Ronald Noyes as to the claimed function and corresponding structure in the '930 Patent. Claim Term/Phrase #13 (proposed by Sukup) Substantially parallel (Claims 8 and 15) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this term Indefinite. needs to be construed by the Court. To the extent the Court believes a construction is Supporting evidence: needed for the jury, Sioux Steel proposes: The specification, including the claims, largely but not wholly in the same of the '930 Patent and its prosecution direction history; written or oral testimony from Dr. Ronald Noyes. Supporting evidence: The specification, including the claims, of the `930 Patent and its prosecution history; written or oral testimony from a person of ordinary skill in the art, Jim Maness.
Doc. No. 37 at 7-13. I will consider each of these issues separately after first addressing Sukup's argument that the preambles of Claims 1 and 14 are not limiting.
A. Preambles
The preambles of Claims 1 and 14 state:
An unloading system for a grain bin having an interior for holding a quantity of grain, having a floor within said interior for supporting said quantity of grain, and having a well in said floor for allowing grain to be unloaded from said interior of said grain bin therethrough, said unloading system comprising: ...
Doc. No. 38-1 at 7, 10. Sukup argues these preambles are not limiting and there is no need to construe them. See Doc. No. 43 at 9-10. It contends that the '930 patent contains strictly apparatus claims, meaning that its patentability depends on the claimed structure and not its use or purpose. Id. at 10. Sukup argues the preambles are statements of intended use, meaning they are not limiting. Id. See also Catalina Marketing Int'l, Inc. v. Coolsavings.com, Inc. , 289 F.3d 801, 808 (Fed. Cir. 2002) (noting that a preamble is not limiting "when the claim body describes a structurally complete invention such that the deletion of the preamble phrase does not affect the structure ... of the claimed invention.").
Sioux Steel points out that Sukup has agreed to construe claim terms that appear in the preambles - "grain bin" and "well." See Doc. No. 50. It states that "a preamble limits the [claimed] invention if it recites essential structure or steps, or if it is 'necessary to give life, meaning, and vitality' to the claim." Eaton Corp. , 323 F.3d at 1339. Relying on the same case cited by Sukup, it states that "dependence on a particular disputed preamble phrase for antecedent basis may limit claim scope because it indicates reliance on both the preamble and claim body to define the claimed invention." Catalina Marketing , 289 F.3d at 808. Sioux Steel argues that the preambles provide the antecedent basis for claim elements "grain bin" and "well" because those elements, described in the body of the claims, are also found in the preambles. Thus, Sioux Steel contends that the preambles provide necessary limitations to the scope of the claimed invention.
"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.' " Catalina Marketing , 289 F.3d 801, 808 (Fed. Cir. 2002) (quoting Corning Glass Works v. Sumitomo Electric U.S.A., Inc. , 868 F.2d 1251, 2157 (Fed. Cir. 1989) ). As the parties point out, 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." Id. (quoting Pitney Bowes, Inc. v. Hewlett-Packard Co. , 182 F.3d 1298, 1305 (Fed. Cir. 1999) ). See also Proveris Scientific Corp. v. Innovasystems, Inc. , 739 F.3d 1367, 1372 (Fed. Cir. 2014) ("For example, the preamble may be construed as limiting when it recites particular structure or steps that are highlighted as important by the specification."). It is not 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." Id. (quoting Rowe v. Dror , 112 F.3d 473, 478 (Fed. Cir. 1997) ).
The preamble is also limiting if it provides an antecedent basis for claim terms. See Pacing Techs., LLC v. Garmin Intern., Inc. , 778 F.3d 1021, 1024 (Fed. Cir. 2015) ("Because the preamble terms 'user' and 'repetitive motion pacing system' provide an antecedent basis for and are necessary to understand positive limitations in the body of claims in the '843 patent, we hold that the preamble ... is limiting."); Deere & Co. v. Bush Hog, LLC , 703 F.3d 1349, 1358 (Fed. Cir. 2012) ("[A] preamble phrase that provides antecedent basis for a claim limitation generally limits the scope of the claim."); Eaton Corp. v. Rockwell Int'l Corp. , 323 F.3d 1332, 1339 (Fed. Cir. 2003) (noting that when the limitations in the body of the claim "rely upon and derive antecedent basis from the preamble, then the preamble may act as a necessary component of the claimed invention."). If the claim drafter "chooses to use both the preamble and the body to define the subject matter of the claimed invention, the invention so defined, and not some other, is the one the patent protects." Bell Commc'ns Research, Inc. v. Vitalink Commc'ns Corp. , 55 F.3d 615, 620 (Fed. Cir. 1995) (emphasis in original).
Catalina Marketing provides a good example of both of these concepts. In that case, the invention concerned a selection and distribution system for discount coupons. Catalina Marketing , 289 F.3d at 805. The preferred embodiment was a remote, kiosk-like terminal connected to a central host computer system. Consumers could activate the terminal at retail locations, review available coupons displayed on the terminal screen, select coupons and print them. Id. The contested preambles provided for: "a system for controlling the selection and dispensing of product coupons at a plurality of remote terminals located at predesignated sites such as consumer stores wherein each terminal comprises: ...." Id. at 805-06. The claims then included activation means, display means, selection means, print means and control means and others. Id.
The district court in Catalina focused on the phrase "located at predesignated sites such as consumer stores," which appeared in the preamble to Claim 1 and in both the preamble and body of Claim 25. Id. at 807-08. On appeal, Catalina argued the disputed language was not a limitation because it merely stated an intended use for the claimed system. Id. at 807. The Federal Circuit concluded that that the preamble phrase "located at predesignated sites such as consumer stores" was not a limitation of Claim 1 because the applicant "did not rely on this phrase to define its invention nor [was] the phrase essential to understand limitations or terms in the claim body." Id. at 810. Specifically, the court noted that the location of the terminals was not an additional structure for the claimed terminals. Id. The preamble phrase was not used to distinguish it over another patent and deletion of the phrase did not affect the structural definition or operation of the terminal itself. Id. The court also reasoned:
deletion of the disputed phrase from the preamble of Claim 1 does not affect the structural definition or operation of the terminal itself. The claim body defines a structurally complete invention. The location of the terminals in stores merely gives an intended use for the claimed terminals. As already noted, the applicants did not rely on this intended use to distinguish their invention over the prior art.
Id. As for Claim 25, containing the same preamble, the court noted the phrase "located at predesignated sites such as consumer stores" appeared in both the preamble and body of the claim. Id. at 811. The court stated, "[b]y virtue of its inclusion in the body of Claim 25, this phrase limits Claim 25." Id.
Here, I find that the preambles are limiting because they provide the antecedent bases for several terms used in the body of the claims and recite an essential structure that is referenced repeatedly in the specification. The preambles make it clear that the location of the system is essential to the performance of the invention. Compare Georgetown Rail Equip. Co. v. Holland L.P. , 867 F.3d 1229, 1237-38 (Fed. Cir. 2017) (concluding that the preamble term "mounted on a vehicle for movement along the railroad track" was meant to describe the principal intended use, but nothing in the specification or prosecution history suggested that the holder intended to exclude use of technology that was structurally identical to its claimed product but installed on a non-vehicle mount). The preambles describe the grain bin (primarily with regard to having a floor with a well in the floor), rather than the unloading system. The body of Claims 1 and 14 refer back to the grain, floor, grain bin and well identified in the preamble. See Doc. No. 38-1 at 7, 10 (referring to "said grain," "said floor," "said grain bin," and "said well").
The specification also repeatedly refers to the placement of the system in a grain bin that has a floor and a well. See Doc. No. 38-1 at 6 ("The unloading system 11 includes a sweep conveyor 27 positioned above the floor of the grain bin 13 for conveying grain G that does or will not fall by gravity into the well (or wells) thereinto ...."); Id. at 7 ("Once the grain bin 13 is unloaded to a certain level, grain G will stop falling into the well or wells 25 by gravity, but will instead remain on the floor 18 of the grain bin 13 adjacent the well or wells 25, with substantial amounts of grain G remaining between the well or wells 25 and the wall structure 17 of the grain bin 13. Once this happens, the conveyor sweep 27 is moved into the interior 15 of the grain bin 13, the frame 33 is placed on top of the remaining grain G, and the receiver means 85 is coupled to the center pivot stud 87 of the discharge conveyor 29, etc. The motor 65 can then be activated to cause the chain 57 to rotate in the direction of the arrows 77, whereby the paddles 59 will drag or sweep grain G to the well 25."); Id. ("Once all of the grain G within the grain bin 13 has been thus swept into the well 25 and transferred to the discharge point 31, the sweep conveyor 27 can be removed and transferred to another grain bin 13, etc."). Finally, the title of the invention is a "grain bin unloading system." The entirety of the '930 patent reveals that the preamble language relating to the nature of the grain bin does not state a purpose or intended use of the invention, but identifies essential structure that works in conjunction with the structure identified in the claims, that the preamble must be construed as a limitation of Claims 1 and 14. See Poly-America, L.P. v. GSE Lining Tech., Inc. , 383 F.3d 1303, 1310 (Fed. Cir. 2004) (finding phrase "blown-film" used in preamble limiting where: (1) specification was replete with references to invention as a "blown-film" liner, (2) the title of the patent itself and summary of the invention used the phrase, (3) the phrase was used repeatedly to describe the preferred embodiments and (4) was restated in the claims, indicating that it was a fundamental characteristic of the claimed invention.).
Because I find the preambles are limiting, I will construe the disputed terms "grain bin" and "well" that are set forth in the preambles.
B. Grain Bin
Sioux Steel's Proposed Construction Sukup's Proposed Construction A structure for storing grain that is A structure for storing grain primarily cylindrical in nature and that can be emptied, at least partially, by gravity through a center well
1. The parties' arguments
Sioux Steel argues that the term grain bin has a well-understood meaning in the art in the context of a sweep being used to reclaim residual grain, and that its construction is consistent with the '930 patent itself, particularly the preambles. It submits a declaration from James Maness as a purported "person of ordinary skill in the art." Maness is an independent consultant who has a Bachelor of Science in Mechanical Engineering and extensive background in the grain industry. Doc. No. 42-3 at 3. He states that "grain bin" has a well-understood meaning in the art as a structure that is cylindrical in nature and that can be emptied, at least partially, by gravity through a center well. Id. at 13. He also states that the circular design is inherent because the behavior of grain when allowed to free-fall by gravity into a pile forms a cone-shaped mass, which has a base that is circular in shape. Id. at 14.
Sioux Steel does not deny that there are other structures used for storing grain, but contends that a grain bin is different than a "flat storage structure," which is expressly defined by the Occupational Safety and Health Administration (OSHA). See 29 C.F.R. 1910.272(c). Another structure is a "square bolted bin" in which the floor is cone-shaped, allowing the grain to be completely emptied via gravity. At the time the '930 patent was issued, Sioux Steel contends only one type of structure was known in the art as a "grain bin" in the context of flat bottom reclaim systems, such as the one disclosed in the '930 patent. Such structures were cylindrically-shaped and could be partially emptied by gravity through a center well.
Sioux Steel argues the mechanisms of the '930 patent and language used to describe it are consistent with this definition. For instance, it states that the sweep is constructed so that one end is pivotably positioned at the center of the grain bin and the other end is positioned adjacent the wall of the grain bin. This allows the sweep to rotate around in a circle. Sioux Steel contends that for the invention to work, i.e., empty the grain bin, the grain bin must be circular. It also relies on the specification, which states:
The grain bin 13 may be of any typical construction having wall structure 17, floor or floor structure 18 for supporting a quantity of grain G, and a roof structure 19 coacting with the wall and floor structures 17, 18 to define the interior 15. Thus, for example, the grain bin 13 may be constructed of metal with the wall structure 17 having a substantially cylindrical shape and with the roof structure 19 having a substantially conical shape covering the upper end of the cylindrical wall structure 17.
Doc. No. 38-1 at 6. In discussing the background of the invention, the patent states:
Systems for unloading grain bins typically include a discharge auger positioned under the floor of the grain bin for conveying grain from a well or sump in the floor of the grain bin to a discharge point outside the grain bin. The grain falls by gravity into the well into the discharge auger. Once the level of grain falls below a certain level, it will no longer fall through the well by gravity.
Id. The object of the invention is: "to provide a safe, efficient unloading system for unloading that portion of grain stored within a grain bin that will not fall by gravity into the loading well." Id.
Sukup argues that there is no need to construe "grain bin" beyond "a structure for storing grain" because it is consistent with the ordinary and customary meaning. It relies, in part, on the specification, which states:
The grain bin 13 may be of any typical construction having wall structure 17, floor or floor structure 18 for supporting a quantity of grain G, and a roof structure 18 for supporting a quantity of grain G, and a roof structure 19 coacting with the wall and floor structures 17, 18 to define the interior 15.
Doc. No. 38-1 at 6 (emphasis added). It states that nothing in the patent suggests that the term's scope is limited to a grain bin that is "primarily cylindrical in nature." Indeed, Sukup argues that the specification even states that a structure "with the wall structure having a substantially cylindrical shape" is one "example" of a grain bin. Id. ("Thus, for example, the grain bin 13 may be constructed of metal with the wall structure 17 having a substantially cylindrical shape and with the roof structure 19 having a substantially conical shape covering the upper end of the cylindrical wall structure.").
2. Analysis and Final Construction
As set out above, in constructing a claim there is hierarchy of relevant evidence. The first and most important evidence is the language of the claim itself. Second, the court looks to intrinsic evidence from the remainder of the patent. Third, the court considers the patent prosecution history. Fourth is all other extrinsic evidence, whether it be deposition testimony, case law, dictionaries or other documents. See UUSI, LLC v. United States , 131 Fed.Cl. 244, 256 (2017).
In finding the preambles limiting, I note that they essentially define grain bin as "having an interior for holding a quantity of grain, having a floor within said interior for supporting said quantity of grain, and having a well in said floor for allowing grain to be unloaded from said interior of said grain bin therethrough." Doc. No. 38-1. "If the claim language is clear on its face, then ... consideration of the rest of the intrinsic evidence is restricted to determining if a deviation from the clear language of the claims is specified." Interactive Gift Exp., Inc. v. Compuserve Inc. , 256 F.3d 1323, 1331 (Fed. Cir. 2001). As to the cylindrical element, I agree with Sukup that the intrinsic evidence from the specification does not limit grain bins to structures with cylindrical walls, as that is only one "example" provided in the specification. See Comark Commc'ns, Inc. v. Harris Corp. , 156 F.3d 1182, 1187 (Fed. Cir. 1998) ("[a]lthough the specification may aid the court in interpreting the meaning of disputed claim language, particular embodiments and examples appearing in the specification will not generally be read into the claims."); Liebel-Flarsheim Co. , 358 F.3d at 913 ("[I]t is improper to read limitations from a preferred embodiment described in the specification - even if it is the only embodiment - into the claims absent a clear indication in the intrinsic record that the patentee intended the claims to be so limited."). While the claims may suggest that the system moves in a circular fashion (and thus, is most efficient in a cylindrical bin), I do not find the claim language or specification encompasses only this form when referring to grain bin.
Moreover, one patent referenced in the '930 patent (the Siemens patent) specifically references a "circular grain bin" and a grain bin "having a circular floor." Doc. No. 38-6. If Dixon had intended to limit the "grain bin" referenced in the '930 patent in such a way, he could have expressly said so, especially because he described other characteristics of the grain bin, i.e., having a well in the floor. Sioux Steel relies primarily on Maness' declaration that at the time of the invention, the term "grain bin" was understood by a person of ordinary skill in the art to be a cylindrical structure. This is extrinsic evidence, which I find unnecessary for construction given that the claim language and specification provide a sufficient basis to construe the term. See Phillips , 415 F.3d at 1318 (noting that expert testimony is useful for providing background on the technology at issue or explaining how an invention works, but that "conclusory unsupported assertions by experts as to the definition of a claim term are not useful to a court.").
I also reject that part of Sioux Steel's proposed construction regarding the means by which a grain bin is emptied - "can be emptied, at least partially, by gravity through a center well." The specification provides "[t]he floor has at least one well or sump opening ..." and refers to "well (or wells)" throughout, without identifying their location as "center." See Doc. No. 38-1 at 6-7. As such, I decline to construe "grain bin" to contain Sioux Steel's proposed limitation, as the patent itself does not limit the term in such a way.
Based on the claim language and specification, I find that the appropriate construction of grain bin is "a structure for storing grain having an interior for holding a quantity of grain, having a floor within said interior for supporting said quantity of grain, and having a well in said floor for allowing grain to be unloaded from said interior." This language comes directly from the preambles, which I find limiting, but only to extent described therein, and which is consistent with the specification.
C. Well
Sioux Steel's Position Sukup's Position An opening that allows for the discharge A structure for receiving grain. of grain from the grain bin through the grain bin floor
1. The parties' arguments
Sioux Steel argues that "well" has a well-recognized meaning in the art as "an opening in the grain bin floor that allows for the discharge of grain." Doc. No. 42 at 22. It relies on the preambles, which identify that the grain bin has a well that allows the grain to be unloaded "therethrough." It also cites the specification language that the floor of the grain bin "has at least one well or sump opening 25 therein for allowing grain G to pass therethrough and be unloaded from the interior 15 of the grain bin 13." Doc. No. 38-1 at 6. Finally, Sioux Steel cites Figure 1 of the '930 patent, which shows grain flowing through the floor of the grain bin. Id. at 23.
Sukup argues that Sioux Steel's proposed construction would render the language in the preambles superfluous because those aspects of well are already encompassed in the preambles. Doc. No. 43 at 15. Moreover, Sukup argues that Sioux Steel improperly seeks to narrow the construction of the term to an "opening" rather than a structure having an opening. Id. It uses a sump as an example. While sumps in basements form an opening, the sump itself is a structure and water on a basement floor enters the sump through the opening. No one mistakes the sump as the opening rather than the structure itself. Similarly, Sukup argues that a well forms an opening to receive grain, but an opening (a void) is a product of the surrounding structure of the well. Id.
Sioux Steel argues that Sukup's proposed construction fails to acknowledge that "well" requires an "opening" even though Claims 1 and 14 state that the grain bin floor has "a well in said floor for allowing grain to be unloaded from said interior of said grain bin therethrough." Doc. No. 50 at 12-13 (citing Doc. No. 38-1 at 7). It states that a "well" as used in the '930 patent is defined by its opening and is not dependent on "structure." Id. at 13. Moreover, it disagrees with Sukup's argument that a purported "absence of structure" or negative claim limitation in not allowed. Sioux Steel cites the Manual of Patent Examining Procedure, which states, "[t]he current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. So long as the boundaries of the patent protection sought are set forth definitely, albeit negatively, the claim complies with the [statutory] requirements." Doc. No. 57 at 5 (citing MPEP 2173.05(i) ). Sioux Steel also takes issue with the word "receive," as it contends the grain passes through the well rather than the well "receiving" the grain. Doc. No. 50 at 13. It contends that Sukup's use of the word "receive" would allow it to claim that other "structures" that "receive" grain, such as conveyors and other devices, could constitute a "well" under Sukup's proposed construction. Id. Sioux Steel contends the intrinsic evidence of the '930 patent (recognizing an opening in the grain bin floor) is contrary to that concept.
2. Analysis and Final Construction
I agree that Sukup's proposed construction does not fully convey the concept of "well" as set forth in the claim language and specification. While I appreciate that a "well" requires some structure, I find that the structure can be understood by a construction that specifies a well is an opening in the grain bin floor. I agree with Sioux Steel that it is the opening in the floor that is crucial to the construction because the claim and specification describe the grain passing "therethrough." (See Doc. No. 38-1 at 6-7 ("the floor 18 has at least one well or sump opening 25 therein for allowing grain G to pass therethrough and be unloaded from the interior 15 of the grain bin 13" and "having a well in said floor for allowing grain to be unloaded from said interior 15 of said grain bin therethrough") ). Based on the intrinsic evidence, I construe "well" to be "an opening in the grain bin floor that allows grain to pass therethrough."
D. The Elongated Hood/Frame
The parties disagree on the terms that need to be construed describing the components of the frame. Their respective positions are outlined below:
Claim Term/Phrase #3 (proposed by Sioux Steel) An elongated hood having a top panel, a first side wall, and a second side wall (Claims 1 and 14) Sioux Steel's Position Sukup's Position An extended cover or shroud that has a Sukup contends it is improper to construe part above the paddles and two lateral all of the subject claim terms together as portions Sioux Steel proposes to do, as it risks not giving meaning to all of the structural limitations in the claim language. Claim Term/Phrase #4 (proposed by Sukup) Elongated (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this Extending the length of; long in term needs to be construed in isolation of proportion to width. the entire phrase in Item 3. To the extent the Court believes a separate construction is needed for the jury, Sioux Steel proposes: Extended Claim Term/Phrase #5 (proposed by Sukup) Elongated frame (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this term See proposed constructions and needs to be construed by the Court. To the supporting evidence identified for extent the Court believes a construction is "elongated" and "frame". needed for the jury, Sioux Steel proposes: An extended supporting structure Claim Term/Phrase #6 (proposed by Sukup) Frame (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this A supporting structure term needs to be construed by the Court. To the extent the Court believes a construction is needed for the jury, Sioux Steel proposes: A supporting structure Claim Term/Phrase #7 (proposed by Sukup) Elongated hood (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this See proposed constructions and term needs to be construed in isolation of supporting evidence identified for the entire phrase in Item 3. To the extent "elongated" and "hood". the Court believes a separate construction is needed for the jury, Sioux Steel proposes: An extended cover or shroud Claim Term/Phrase #8 (proposed by Sukup) Hood (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this A protective cover. term needs to be construed in isolation of the entire phrase in Item 3. To the extent the Court believes a separate construction is needed for the jury, Sioux Steel proposes: A cover or shroud Claim Term/Phrase #9 (proposed by Sukup) Top panel (Claims 1 and 14) Sioux Steel's Position Sukup's Position Sioux Steel does not believe that this A top wall that protects the paddles term needs to be construed in isolation of from grain. the entire phrase in Item 3. To the extent the Court believes a separate construction is needed fo