Fujitsu Network Communications Inc et al v. Tellabs, Inc. et al

Filing 1131

ORDER Granting Tellabs' Motion for Supplemental Claim Construction of Active Language in Claim 4 of U.S. Patent No. 5,521,737. Tellabs' "Motion for Supplemental Claim Construction of Active Language in Claim 4 of U.S. Patent No. 5,521, 737" 1003 is granted for the reasons set forth in the Statement section of this Order. The court finds that a person of ordinary skill in the art who reviewed the '737 Patent, its specification, and its prosecution history would understa nd the claim terms "emitting" and "receiving," as used in Claim 4 of the '737 Patent to describe the semiconductor laser element and the signal receiver element, to mean "engaged in the emission of" and "engage d in the receipt of," respectively. The court therefore adopts these constructions of the claim terms "emitting" and "receiving" as used in the relevant portions of Claim 4. This case remains set for trial on the '737 Patent on 2/24/14 with all pre-trial dates as set forth in the scheduling order entered by this court on 6/7/13 [1090; 1108]. Status hearing remains scheduled for 9/10/13 at 9:00 a.m. to further discuss the streamlining of discovery in this case, as well as related case numbers 12 C 3229 and 13 C 4991. Fujitsu Limited's "Motion for Summary Judgment of Infringement of Claims 4 and 5 of U.S. Patent No. 5,521,737" 601 and "Motion for Leave to Formally Serve the Third Supplem ental Expert Report of Dr. Alan E. Willner" 1041 are both denied as moot, because Fujitsu Limited's arguments are based solely on the Tellabs 7100 system equipped with LIAM-E or LRAM-E modules, and the court has determined that these modu les are not at issue in case number 09 C 4530 113 . Fujitsu Limited is granted leave to re-file these or similar motions in case number 13 C 4991 at an appropriate time, should it desire to do so. Signed by the Honorable James F. Holderman on 9/6/2013. Notice mailed by judge's staff (ntf, )