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).

Exhibit B - US Patent No. 7,274,353 Agreed Constructions Claim Term, Phrase, or Clause "panel for touch inputting" (claims 1, 4, 7, 10) "PCB" (claims 1, 4, 7, 10) "mouse mode" (claims 7, 10) Agreed Construction "a panel, sensitive to touch, for inputting data." "printed circuit board" "mode in which moving a finger from one location on the panel to another causes the cursor on a screen to move a corresponding distance and direction as a cursor responds to a mouse" Disputed Constructions Claim Term, Phrase, or Clause "a first pattern on said panel for representing a mode switch to switch said touchpad between a key mode and a handwriting mode" (claims 1, 4) Apple's Proposed Construction "a single graphic printed on said panel representing a mode switch that switches from key to handwriting mode and from handwriting to key mode" Intrinsic Evidence Claim 1; Claim 4; Figs. 1, 3; 1:13-30; 2:9-13; 2:41-46; 3:3236; 3:39-43; 353 FH 01000102; 353 FH 0160-62 Extrinsic Evidence APEL001846870; APEL0018501; APEL001848092; APEL00184939; Apple may provide expert testimony regarding how one skilled in the art would have read and Elan's Proposed Construction Information on the panel, visible to the user, indicating where the user can touch to change modes. Intrinsic Evidence Figure 1, panel 12. Col. 2:43-45 Extrinsic Evidence Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence understood the disputed claim terms. APEL001846870; APEL0018501; APEL001848092; APEL00184939; Apple may provide expert testimony regarding how one skilled in the art would have read and understood the disputed claim terms. APEL001846870; APEL0018501; APEL001848092; APEL00184939; Apple may provide expert testimony regarding how one skilled in the 2

Elan's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

"a first pattern on said panel for representing a mode switch to switch said touchpad between a key mode and a mouse mode" (claim 7)

"a single graphic printed on said panel representing a mode switch that switches from key to mouse mode and from mouse to key mode"

Claim 7; Figs. 1, 3; 1:13-30; 2:913; 2:41-46; 3:32-36; 3:3943; 353 FH 01000102; 353 FH 0160-62

Information on the panel, visible to the user, indicating where the user can touch to change modes.

Figure 1, panel 12. Col. 2:43-45

Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

"a first pattern on said panel for representing a mode switch to switch said touchpad between a mouse mode and a handwriting mode" (claim 10)

"a single graphic printed on said panel representing a mode switch that switches from mouse to handwriting mode and from handwriting to mouse mode"

Claim 10; Figs. 1, 3; 1:13-30; 2:9-13; 2:41-46; 3:32-36; 3:3943; 353 FH 01000102; 353 FH 0160-62

Information on the panel, visible to the user, indicating where the user can touch to change modes.

Figure 1, panel 12. Col. 2:43-45

Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

Elan's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

"a plurality of regions defined on said panel" (claims 1, 4, 7, 10)

"two or more specific regions of the touch inputting panel"

art would have read and understood the disputed claim terms. Claim 1; Claim Apple may 4; Claim 7; provide expert Claim 10; Fig. 1; testimony Fig. 2; Fig. 5; regarding how 2:9-17; 2:41-48; one skilled in the 2:60-3:22; 3:29- art would have 31; 3:39-43; 353 read and FH 0089understood the 101,00158-59, disputed claim 00162 terms. Claim 1; Claim 4; Figs. 1, 3; 1:13-30; 2:6-15; 2:41-46; 2:603:18; 3:32-36; 3:39-43; 353 FH 01000102; 353 FH 0159-62 APEL001846870; APEL0018501; APEL001848092; APEL00184939; Apple may provide expert testimony regarding how one skilled in the art would have read and understood the 3

Visual information on the panel that delineates "virtual regions" to convey to the user where to touch

Col. 2:43-3:43

"a plurality of second patterns on said plurality of regions for operation in said key and handwriting modes" (claims 1, 4)

"two or more graphics that are printed on the specific regions and are present in and perform operations in both key and handwriting modes"

Visual Col. 2:43-3:43 information on the panel that delineates "virtual regions" to convey to the user where to touch to enter alpha numeric data in key mode or enter handwriting data in handwriting mode.

Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms. Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

Claim Term, Phrase, or Clause "a plurality of second patterns on said plurality of regions for operation in said key and mouse modes" (claim 7)

Apple's Proposed Construction "two or more graphics that are printed on the specific regions and are present in and perform operations in both key and mouse modes"

Intrinsic Evidence

Extrinsic Evidence disputed claim terms. APEL001846870; APEL0018501; APEL001848092; APEL00184939; Apple may provide expert testimony regarding how one skilled in the art would have read and understood the disputed claim terms. APEL001846870; APEL0018501; APEL001848092; APEL00184939; Apple may provide expert testimony regarding how one skilled in the art would have 4

Elan's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

Claim 7; Figs. 1, 3; 1:13-30; 2:615; 2:41-46; 2:60-3:18; 3:3236; 3:39-43; 353 FH 01000102; 353 FH 0159-62

Visual Col. 2:43-3:43 information on the panel that delineates "virtual regions" to convey to the user where to touch to enter alpha numeric data in key mode or enter mouse data in mouse mode.

Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

"a plurality of second patterns on said plurality of regions for operation in said mouse and handwriting modes" (claim 10)

"two or more graphics that are printed on the specific regions and are present in and perform operations in both mouse and handwriting modes"

Claim 10; Figs. 1, 3; 1:13-30; 2:6-15; 2:41-46; 2:60-3:18; 3:3236; 3:39-43; 353 FH 01000102; 353 FH 0159-62

Visual information on the panel that delineates "virtual regions" to convey to the user where to touch to enter mouse data in mouse mode or enter handwriting data

Col. 2:43-3:43

Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence read and understood the disputed claim terms.

Elan's Proposed Construction in handwriting mode.

Intrinsic Evidence

Extrinsic Evidence

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