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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 SOLANNEX, INC., 12 Plaintiff, v. 13 14 MIASOLE, INC., 15 Defendant. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) ) 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 20 21 consistent with Pat. L.R. 4-3(c), the court construed nine terms regarding the two patents added 22 later in this case, U.S. Patent 8,110,737 (“the ‘737 patent”) and U.S. Patent 8,076,568 (“the ‘568 23 patent”). These constructions are as follows: 24 CLAIM TERM “Pattern” “Adhesive affinity” “Polymeric adhesive” 25 26 “Flexible” “Multiple transparent polymeric layers” 27 28 1 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. 1 Case No.: C 11-00171 PSG ORDER 1 2 “Transparent” “Structural polymer” 3 “Transparent conductive metal oxide” 4 5 “Ohmic electrical communication” 6 7 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 8 patent. The above construction of “adhesive affinity” applies to all four patents in this case, the 9 court’s earlier construction notwithstanding. The parties should rest assured that the court arrived United States District Court For the Northern District of California 10 at these constructions with a full appreciation of not only the relevant intrinsic and extrinsic 11 evidence, but also the Federal Circuit's teaching in Phillips v. AWH Corp.2 and its progeny. So that 12 the parties may pursue whatever recourse they believe is necessary, a complete opinion will issue 13 before entry of any judgment. 14 15 IT IS SO ORDERED. 16 Dated: April 10, 2013 17 _________________________________ PAUL S. GREWAL United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2 415 F.3d 1303, 1312-15 (Fed. Cir. 2005). 2 Case No.: C 11-00171 PSG ORDER

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