Elan Microelectronics Corporation v. Apple, Inc.

Filing 84

First Amended Joint Claim Construction and Prehearint Statement filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Mehta, Sonal) (Filed on 5/7/2010) Text modified on 5/10/2010 (bw, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Yitai Hu (SBN 248085) (yitai.hu@alston.com) Sean P. DeBruine (SBN 168071) (sean.debruine@alston.com) S.H. Michael Kim (SBN 203491) (michael.kim@alston.com) C. Augustine Rakow (SBN 254585) (augie.rakow@alston.com) ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Ste 400 Palo Alto, CA 94306-2112 Phone: (650) 838-2000 Fax: (650) 838-2001 T. Hunter Jefferson (admitted pro hac vice) (hunter.jefferson@alston.com) ALSTON + BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424 Telephone: 404-881-7333 FACSIMILE: 404-253-8863 Attorneys for Plaintiff ELAN MICROELECTRONICS CORPORATION MATTHEW D. POWERS (Bar No. 104795) matthew.powers@weil.com JARED BOBROW (Bar No. 133712) jared.bobrow@weil.com DOUGLAS E. LUMISH (Bar No. 183863) douglas.lumish@weil.com SONAL N. MEHTA (Bar No. 222086) sonal.mehta@weil.com DEREK C. WALTER (Bar. No. 246322) derek.walter@weil.com NATHAN GREENBLATT (Bar No. 262279) nathan.greenblatt@weil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) FIRST AMENDED JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT Hon. Richard Seeborg Claim Construction Hearing: June 23, 2010, 1:30 pm FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT Case No. C-09-01531 RS (PVT) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Pursuant to Northern District of California Patent Local Rule 4-3, Elan Microelectronics Corporation ("Elan") and Apple Inc. ("Apple") jointly submit this First Amended Joint Claim Construction and Prehearing Statement. I. PROPOSED CLAIM CONSTRUCTIONS AND SUPPORTING EVIDENCE Pursuant to Patent Local Rule 4-2(c), the parties have met and conferred regarding the submission of this First Amended Joint Claim Construction and Prehearing Statement. The proposed constructions and supporting evidence for U.S. Pat. Nos. 5,825,352 ("the `352 patent"), 7,274,353 ("the `353 patent"), 5,764,218 ("the `218 patent"), and 7,495,659 ("the `659 patent"), including agreed constructions, are identified in Exhibits A to D hereto, respectively. As noted in Exhibits A to D, the parties anticipate proffering expert evidence on claim construction. The parties exchanged expert reports concerning the construction of disputed terms on February 22, 2010. Pursuant to Patent Local Rule 4-3(c), the parties jointly identify the following terms as most significant to resolution of the case: 1. `353 patent: "a first pattern on said panel for representing a mode switch to switch said touchpad between a key mode and a handwriting mode," "a first pattern on said panel for representing a mode switch to switch said touchpad between a key mode and a mouse mode," and "a first pattern on said panel for representing a mode switch to switch said touchpad between a mouse mode and a handwriting mode"1 (identified by both parties) `353 patent: "a plurality of second patterns on said plurality of regions for operation in said key and handwriting modes," "a plurality of second patterns on said plurality of regions for operation in said key and mouse modes," and "a plurality of second patterns on said plurality of regions for operation in said mouse and handwriting modes"2 (identified by both parties) `352 patent: "identify a first maxima in a signal corresponding to a first finger," "identify a minima the following the first maxima" and "identify a second maxima in a signal corresponding to the second finger following said minima"3 (identified by Apple) 2. 3. The parties contemplate that these terms will be briefed together because the dispute is the same for each of the parallel limitations. 2 The parties contemplate that these terms will be briefed together because the dispute is the same for each of the parallel limitations. 3 Apple contemplates that these terms will be briefed together because the dispute is the same for each of the parallel limitations. FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT 2 Case No. C-09-01531 RS (PVT) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. 4. 5. 6. 7. 8. 9. `352 patent: "identify" (identified by Apple) `352 patent: "in response to" (identified by Apple) `352 patent: "means for selecting an appropriate control function" (identified by Apple) `218 patent: "cursor control operation" (identified by Elan) `659 patent: "sensors configured to map the touchpad surface into native sensor coordinates" (identified by Elan) `659 patent: "logical device units" (identified by Elan) CLAIM CONSTRUCTION HEARING AND BRIEFING SCHEDULE The Court's March 18, 2010 Case Management Scheduling Order and April 14, 2010 Order Granting Elan Microelectronics Corporation's Motion Pursuant to Civ. L.R. 3-6 to Enlarge Claim Construction Briefing Deadlines set the following schedule for claim construction: Completion of Claim Construction Discovery: March 8, 2010 Opening Briefs: May 7, 2010 Responsive Brief: May 28, 2010 Tutorial: June 21, 2010 Claim Construction Hearing: June 23, 2010 DATED: May 7, 2010 /s/ Sean P. DeBruine____ Sean P. DeBruine ALSTON & BIRD LLP Attorneys For Elan Microelectronics Corporation DATED: May 7, 2010 /s/ Sonal N. Mehta Sonal N. Mehta WEIL, GOTSHAL & MANGES LLP Attorneys for Apple Inc. FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT 3 Case No. C-09-01531 RS (PVT) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FILER'S ATTESTATION I, Sonal N. Mehta, am the ECF User whose ID and password are being used to file this JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT. In compliance with General Order 45, paragraph X.B. I hereby attest that Sean DeBruine has concurred in this filing. By: /s/ Sonal N. Mehta Sonal N. Mehta FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT 4 Case No. C-09-01531 RS (PVT)

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