Solannex, Inc. v. MiaSole, Inc.

Filing 163

CLAIM CONSTRUCTION ORDER re 94 Claim Construction Statement filed by Solannex, Inc. Signed by Judge Paul S. Grewal on November 16, 2012. (psglc1, COURT STAFF) (Filed on 11/16/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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SOLANNEX, INC.,

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Plaintiff,
v.
MIASOLE, INC.,

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Defendant.

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Case No.: C 11-00171 PSG
CLAIM CONSTRUCTION ORDER
(Re: Docket No. 94)

In this patent infringement suit, Plaintiff Solannex, Inc. (“Solannex”) alleges that Defendant
MiaSole, Inc. ("MiaSole") infringes U.S. Patent 7,635,810 and U.S. Patent 7,868,249. Consistent

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with Pat. L.R. 4-3(c), the parties seek construction of terms and phrases in claims in each of the
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patents-in-suit. Now that the parties and the court have resolved multiple issues regarding which

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lawyers will serve as counsel of record in this case, and a related stay of all proceedings has been

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lifted, the court may proceed to issue its construction of the terms and phrases in dispute.

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With trial in this matter rapidly approaching, the court does not wish to add further delay to

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the constructions by its preparation of a complete opinion setting forth its reasoning and analysis.

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To that end, the court at this time will simply issue its constructions without any significant

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reasoning and analysis:
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Case No.: C 11-00171 PSG
ORDER

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CLAIM TERM

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“sheetlike substrate”

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“substrate surface”
Plain and ordinary meaning
“having overlapping first and second have surfaces such that a line
surfaces”
perpendicular to one of the two
surfaces also would intersect the other
surface at least at one point
“holes extending through said holes extending through the thickness
substrate””
of the sheetlike substrate
“a first substrate surface formed by a a first substrate surface formed by a
first material having adhesive affinity material capable of forming a bond to
said top light incident surface, such
for said top light incident surface”
material excluding ethylene vinyl
acetate,
fluorocarbon
polymers,
polyurethane,
polystyrene,
and
polyvinyl acetate
a design or arrangement (excluding
“a pattern”
the use of a wire)
“multiple substantially parallel fingers multiple long, thin strips of material
extending in a first direction”
that are side by side and have
substantially the same distance
continuously between them
“substantially parallel traces of electrically
conductive
material
electrically conductive material”
arranged in paths that are side by side
and have substantially the same
distance continuously between them
“additionally electrically conductive additionally electrically conductive
material positioned over portions of material on the opposite surface of the
said second substrate surface”
sheetlike substrate from the pattern
“said photovoltaic cell structure is the photovoltaic cell structure is in an
provided to said combining step as a extended form as it is being combined
continuous form”
with the current collector structure
“a form where said substrate is
an extended form
characterized as continuous”

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United States District Court
For the Northern District of California

CONSTRUCTION
an underlying structure whose length
and width are normally much greater
than its thickness

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The parties should rest assured that the court arrived at these constructions with a full

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appreciation of not only the relevant intrinsic and extrinsic evidence, but also the Federal Circuit's

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teaching in Phillips v. AWH Corp., 1 and its progeny. So that the parties may pursue whatever

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recourse they believe is necessary, a complete opinion will issue before entry of any judgment.

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415 F.3d 1303, 1312-15 (Fed. Cir. 2005).
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Case No.: C 11-00171 PSG
ORDER

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IT IS SO ORDERED.

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Dated: 11/16/2012

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
For the Northern District of California

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Case No.: C 11-00171 PSG
ORDER