Wordtech Systems, Inc. v. Microboards Manufacturing, L.L.C. et al

Filing 76

ORDER vacating claim construction hearing re 75 (tf, COURT STAFF) (Filed on 10/21/2010) Modified on 10/21/2010 (ys, COURT STAFF).

Wordtech Systems, Inc. v. Microboards Manufacturing, L.L.C. et al

Doc. 76

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CHRISTIAN J. MARTINEZ (SBN 215360) 2500 Dean Lesher Drive, Suite A Concord, CA 94520 Telephone: [phone] Facsimile: [phone] [e-mail] RICHARD ESTY PETERSON (SBN 41013) 537 Valley Street San Francisco CA 94131 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff, WORDTECH SYSTEMS, INC.

JEN-FENG LEE (SBN 204328) KENNETH K. TANJI, JR. (SBN 162273) LT Pacific Law Group LLP 17800 Castleton St., #383 City of Industry, CA 91748 T: 626-810-7200 F: 626-810-7300 Attorneys for Defendants MICROBOARDS MANUFACTURING LLC, MICROBOARDS TECHNOLOGY LLC, OCTAVE SYSTEMS INC and DISC MAKERS INC.

UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 Defendants. 21 TRIAL DATE: JULY 11, 2011 22 23 24 25 26 27 28
JOINT STIPULATION TO VACATE CLAIM CONSTRUCTION HEARING AND ORDER THEREON (Wordtech Systems, Inc. v. Microboards Manufacturing, Et Al.; Case No. 3:09-cv-04612-SI) Page 1 of 3

WORDTECH SYSTEMS INC., Plaintiff, v. MICROBOARDS MANUFACTURING, L.L.C., MICROBOARDS TECHNOLOGY, L.L.C., OCTAVE SYSTEMS, INC., VINPOWER, INC., DISK MAKERS INC., AND DOES 1-50,

Case No.: 3:09-cv-04612-SI STIPULATION TO VACATE THE JANUARY 12, 2011 CLAIM CONSTRUCTION HEARING AND ORDER THEREON

JUDGE: HON. SUSAN ILLSTON

Plaintiff and Counterclaim Defendant, Wordtech Systems Inc. ("Plaintiff") and Defendants and Counterclaimants Microboards Manufacturing, L.L.C., Microboards Technology, L.L.C., Octave Systems, Inc., Vinpower, Inc., Disk Makers Inc. ("Defendants"), (collectively, "the Parties") jointly submit, by and through their respective counsel, this stipulation to vacate the claim construction hearing scheduled for January 12, 2011.

Dockets.Justia.com

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The Parties' agreed upon construction of the claim terms, phrases, and/or clauses for the Patents in Suit are listed below. Any term not otherwise agreed upon, construed, and identified below is subject to the plain and ordinary meaning of that term. The Parties have no disputed terms for the Court to construe and hereby stipulate and agree to the request for, and entry of, the following order to vacate the claim construction hearing currently scheduled for January 12, 2011.

AGREED UPON CLAIM CONSTRUCTIONS (PATENT L.R. 4-3(A))
DEFINITIONS Tower Transport tower

A vertical structure. A tower having a vertical axis about and along which disks are conveyed. Pivotal transport tower A transport tower having a vertical axis about which the arm rotates. A structural member that displaces the transported disk from the Arm vertical axis of the tower. Disk spindle member A "spindle" or other pin type column to hold disks in a stack. Disk pickup mechanism A mechanical or pneumatic assembly to engage, lift and retain a disk. Electronic Controller Electronic device that controls the electromechanical operations of a copy unit. Disk reject area A location where rejected disks are deposited. Suction pick-up unit Apparatus that engages and retains a disk by vacuum suction. Print application unit An apparatus for marking on disks. Disk retainer member A structure that holds disks in a stack Disk receiving member or Disk A structure positioned to receive a disk receiving device A structure that holds disks in a stack Disk holding structure

Means Plus Functions Claims, Patent No. 6,141,298
CLAIM ­ MEANS 12. (a) lifting means (b) rotating transport means FUNCTION for engaging and transporting a disk in a vertical direction for transporting the disk in a horizontal plane for holding disks in a stack for reading master data on a disk and then transferring the data onto a disk for pre-programming the control of the duplication of data APPARATUS arm 56; suction pickup unit 54 or mechanical pickup unit operating with tower tower 58; rotating base 102 axle 38; pulley assembly; stepper motor 32 disk spindle members 52 computer software 260-350; input spindle 52a; output spindle 52b; host computer 12 computer software 210 host computer 12, display 13

(c) disk stacking means 13. master disk data transfer means 14. user interface means

JOINT STIPULATION TO VACATE CLAIM CONSTRUCTION HEARING AND ORDER THEREON (Wordtech Systems, Inc. v. Microboards Manufacturing, Et Al.; Case No. 3:09-cv-04612-SI)

Page 2 of 3

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15. (a) defective CD-R disk detection means (b) ejection means 16. labeling means

for detecting deflective disks for ejecting defective disks for the application of symbols on the upper face of the disks and transporting the labeled disks

computer software 610, 620 computer software 620; disk reject slide 92 computer software 630-643; print application unit 93, host computer 12

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. LT Pacific Law Group LLP
_/s/ Jeff Lee (As authorized by email_on 10/15/2010)___________

Counsel for Defendants

___/s/ Christian J. Martinez__________________ Counsel for Plaintiff

IT IS SO ORDERED. 17 18 Dated: 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION TO VACATE CLAIM CONSTRUCTION HEARING AND ORDER THEREON (Wordtech Systems, Inc. v. Microboards Manufacturing, Et Al.; Case No. 3:09-cv-04612-SI) Page 3 of 3

THE HONORABLE SUSAN ILLSTON United States District Court Judge