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 C - US Patent No. 5,764,218 Agreed Constructions Claim Term, Phrase, or Clause "contact interval[s]" (claims 1, 2, 3, 5) "detecting gap intervals between subsequent contact intervals" (claims 1, 5) "distinguishing between a first cursor control operation, a second cursor control operation and a third cursor control operation based on the duration of said contact and gap intervals" (claim 1, 5) "ButtonState variable" (claim 2) "first button value" (claim 2) "second button value" (claims 2, 3) Agreed Construction "the durations of the contacts registered by the touch-sensitive input device" "detecting the duration between user contacts on a touch-sensitive input device" "determining a particular cursor control operation based on the length of contact intervals and gap intervals"

"value simulating the state of a mechanical button switch" "value simulating a first state of a mechanical button switch" "value simulating a second state of a mechanical button switch"

Disputed Constructions Claim Term, Phrase, or Clause "reporting" Apple's Proposed Construction No construction Intrinsic Evidence Claim 1; Claim Extrinsic Evidence Elan's Proposed Construction outputting a Intrinsic Evidence Col. 4:24-41; Extrinsic Evidence Mr. Dezmelyk is

Claim Term, Phrase, or Clause (claims 1, 5)

Apple's Proposed Construction necessary.

Intrinsic Evidence 5; Abstract; Fig. 4; Fig. 6; Fig. 8; Fig. 9; 1:8-12; 2:44-61; 3:8-11; 3:16-19; 3:2328; 3:37-40; 4:30-41; 5:3237; 5:46-49; 5:61-64; 6:8-16; 6:20-26; 6:34-39 6:50-55; 8:3039; 9:10-13; 9:66-10:13; 12:15-24; 12:4047; 218 FH 0111-12

Extrinsic Evidence

Elan's Proposed Construction signal to a host

Intrinsic Evidence Fig. 4; Claims 1 and 5, and associated text. `218 patent prosecution history including but not limited to the 10/24/1996 office action pp. 2-3, the 12/26/1996 amendments pp. 2-4, 6-7, and references cited therein.

Extrinsic Evidence expected to provide testimony regarding how one skilled in the art would have read and understood the disputed claim terms. U.S. Patent No. 5,543,591 to Gillespie et al. (Bates Nos. ELN015740015795); GlidePoint User's Guide published by Cirque Corporation (Bates Nos. ELN016579016594); Windows Touch Driver User's Guide published by MicroTouch System, Inc. (Bates Nos.

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Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

Elan's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

"cursor control operations" (claims 1, 5)

"operations by a cursor controller such as a drag, single-click and multiple-click"

Claim 1; Claim 5; Abstract; 1:24-2:15; 2:5661; 6:9-19; 10:913; 218 FH 112

ELN016682016707); and TouchWare for DOS, Windows and NT, User's Guide published by MicroTouch System, Inc. (Bates Nos. ELN016649016681) as cited in Elan's Invalidity Contentions. Apple may providing of Col. 6:11-13; Mr. Dezmelyk is provide expert positional data to Claims 1 and 5, expected to testimony effect movement and associated provide regarding how of the cursor text. testimony one skilled in the (i.e., cursor `218 patent regarding how art would have tracking prosecution one skilled in the read and operation) history including art would have understood the but not limited to read and disputed claim the 10/24/1996 understood the terms. office action pp. disputed claim 2-3, the terms. 12/26/1996 U.S. Patent No. amendments pp. 5,543,591 to 2-4, 6-7, and Gillespie et al. references cited (Bates Nos. therein. ELN0157403

Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

Elan's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence 015795); GlidePoint User's Guide published by Cirque Corporation (Bates Nos. ELN016579016594); Windows Touch Driver User's Guide published by MicroTouch System, Inc. (Bates Nos. ELN016682016707); and TouchWare for DOS, Windows and NT, User's Guide published by MicroTouch System, Inc. (Bates Nos. ELN016649016681) as cited in Elan's Invalidity Contentions. McGraw-Hill

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Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

Elan's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence Dictionary of Scientific and Technical Terms, Fifth Edition, pp. 452, 499 and 1396 (Bates Nos. ELN017235-39). New IEEE, pp. 254-255, 296 and 888 (Bates Nos. ELN017218224). Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the function and corresponding structure.

"means for detecting contact intervals" (claim 5)

This limitation is governed by 35 U.S.C. § 112(6). The recited function is detecting contact intervals. The corresponding structure is a count up or count down timer and equivalents thereof

Claim 5; Fig. 4; Fig. 5; Fig. 6; Fig. 7; Fig. 8; Fig. 9; Fig. 11; 4:42-5:24; 5:4656; 7:42-57; 7:57-67; 8:1752; 9:63-10:5; 10:31-36; 10:5056; 11:30-46

Apple may provide expert testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

This limitation is governed by 35 U.S.C. § 112(6). The recited function is detecting contact intervals. The corresponding structure is virtual electrode pad 205, electrical balance measurement

Claim 5 and associated text. Fig. 2, Fig. 10, Col. 4:42-5:5

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Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

"means for detecting gap intervals" (claim 5)

This limitation is governed by 35 U.S.C. § 112(6). The recited function is detecting gap intervals. The corresponding structure is a count up or count down timer and equivalents thereof

Claim 5; Fig. 4; Fig. 5; Fig. 6; Fig. 7; Fig. 8; Fig. 9; Fig. 11; 4:42-5:24; 5:4656; 7:42-57; 7:57-67; 8:1752; 9:63-10:5; 10:31-36; 10:5056; 11:30-46

Apple may provide expert testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

Elan's Proposed Construction circuit 215, balance ratio determination circuit 220, microcontroller 225, and firmware or host computer and software. This limitation is governed by 35 U.S.C. § 112(6). The recited function is detecting gap intervals. The corresponding structure is virtual electrode pad 205, electrical balance measurement circuit 215, balance ratio determination circuit 220,

Intrinsic Evidence

Extrinsic Evidence

Claim 5 and associated text. Fig. 2, Fig. 10, Col. 4:42-5:5

Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the function and corresponding structure.

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Claim Term, Phrase, or Clause

Apple's Proposed Construction

Intrinsic Evidence

Extrinsic Evidence

"means for distinguishing . . . and reporting" (claim 5)

Claim 5; Fig. 1; Fig. 4; Fig. 5; Fig. 6; Fig. 7; Fig. 8; Fig. 9; Fig. 11; 4:11-12; The recited 4:24-30; 5:2-5; function is 5:46-56; 6:14distinguishing 17; 6:50-55; between a first cursor control 6:63-66; 8:23operation, a 30; 8:34-37; 9:10-13; 9:63second cursor control operation 10:13; 10:31-36; 11:25-29 and a third cursor control operation based on the duration of said contact and gap intervals and reporting one of said first second or third cursor control operations. This limitation is governed by 35 U.S.C. § 112(6). The

Apple may provide expert testimony regarding how one skilled in the art would have read and understood the disputed claim terms.

Elan's Proposed Construction microcontroller 225, and firmware or host computer and software. This limitation is governed by 35 U.S.C. § 112(6). The recited function is distinguishing between a first cursor control operation, a second cursor control operation and a third cursor control operation based on the duration of said contact and gap intervals and reporting one of said first second or third cursor control operations. The

Intrinsic Evidence

Extrinsic Evidence

Claim 5 and associated text. Fig. 2, Fig. 10, Col. 4:42-5:5

Mr. Dezmelyk is expected to provide testimony regarding how one skilled in the art would have read and understood the function and corresponding structure.

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Claim Term, Phrase, or Clause

Apple's Proposed Construction corresponding structure is logic implemented in software, firmware, and/or hardware that considers contact and gap intervals to distinguish between cursor control operations, and supplies the data to the computer system as described in Fig. 1, Fig. 4, Fig. 5, Fig. 6, Fig. 7, Fig. 8, Fig. 9, Fig. 11, 4:11-12, 4:24-30, 5:2-5, 5:46-56, 6:1417, 6:50-55, 6:63-66, 8:2330, 8:34-37, 9:10-13, 9:6310:13, 10:31-36, and/or 11:25-29, or equivalents thereof

Intrinsic Evidence

Extrinsic Evidence

Elan's Proposed Construction corresponding structure is microcontroller 225 and firmware or host computer and software.

Intrinsic Evidence

Extrinsic Evidence

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