Solannex, Inc. v. MiaSole, Inc.

Filing 182

CLAIM CONSTRUCTION ORDER. Signed by Judge Paul S. Grewal on April 10, 2013. (psglc1, COURT STAFF) (Filed on 4/10/2013)

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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.

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MIASOLE, INC.,

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Defendant.

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Case No.: C 11-00171 PSG
CLAIM CONSTRUCTION ORDER
(Re: Docket No. 71)

In this patent infringement suit, Plaintiff Solannex, Inc. (“Solannex”) alleges that Defendant
MiaSole, Inc. ("MiaSole") infringes four patents. The court previously construed terms in U.S.
Patent 7,635,810 and U.S. Patent 7,868,249.1 Earlier today, after a hearing on the matter and

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consistent with Pat. L.R. 4-3(c), the court construed nine terms regarding the two patents added

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later in this case, U.S. Patent 8,110,737 (“the ‘737 patent”) and U.S. Patent 8,076,568 (“the ‘568

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patent”). These constructions are as follows:

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CLAIM TERM
“Pattern”
“Adhesive affinity”
“Polymeric adhesive”

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“Flexible”
“Multiple transparent polymeric layers”

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CONSTRUCTION
A design or arrangement
Capable of forming a bond
A polymer that can bond to a
surface or object
Plain and ordinary meaning
More than one polymer layer, each

Docket No. 163.
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Case No.: C 11-00171 PSG
ORDER

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“Transparent”
“Structural polymer”

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“Transparent conductive metal oxide”

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“Ohmic electrical communication”

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layer capable of passing light
without scattering
Passing light without scattering
A polymer that can provide
structural support
A compound comprising metal
combined with oxygen which can
conduct electricity and pass light
without scattering
Electrical communication such
that the proportion of voltage to
current is linear

The above construction of the term “pattern” is unique to the ‘737 patent and the ‘568

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patent. The above construction of “adhesive affinity” applies to all four patents in this case, the

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court’s earlier construction notwithstanding. The parties should rest assured that the court arrived

United States District Court
For the Northern District of California

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at these constructions with a full appreciation of not only the relevant intrinsic and extrinsic

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evidence, but also the Federal Circuit's teaching in Phillips v. AWH Corp.2 and its progeny. So that

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the parties may pursue whatever recourse they believe is necessary, a complete opinion will issue

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before entry of any judgment.

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IT IS SO ORDERED.

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Dated: April 10, 2013

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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