Mayfonk, Inc. v. Nike, Inc.

Filing 167

Opinion and Order regarding Claim Construction. Signed on 7/7/15 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

MAYFONK ATHLETIC, LLC,
No. 3:14-cv-00423-MO
Plaintiff,
OPINION AND ORDER
v.
NIKE, INC.,
Defendant.

MOSMAN, J.,
On July 7, 2015, a claim construction hearing was held in the above-entitled patent
action. At issue are claim terms appearing in U.S. Patent Number 8,253,586 (“586 patent”) and
U.S. Patent Number 8,860,584 (“584 patent”). The parties will provide the court with no more
than five pages of briefing, due by 5:00PM on Wednesday, July 22, 2015, concerning the proper
construction of the term “personal processing unit” in the ‘584 patent. In this Order and for the
reasons stated on the record, I announce my constructions of the following terms:

Claim Term

Construction

‘586 patent
“initializing by said computing unit at least one sensor

Providing for electrical power by

device and the computing unit, wherein said step of

the computing unit to at least one

initializing comprises providing for the provision of

sensor and the computing unit.

electrical power”
(claim 12)
“integrated”

As agreed to by the parties

(claim 12)
“conditioning into a distance measurement an electrical

Plain and ordinary meaning

signal corresponding to the time delay embedded in said
sensor data”
(claim 12)
“tracking said distance measurement for one or more

Plain and ordinary meaning

discrete time intervals as period data”
(claim 12)
‘584 patent
“activity programs”/ “activity program”

Software loaded on the

(claims 21 and 23)

computing unit that controls
sensor data acquisition in
connection with a particular
athletic activity.

“in real time”

Without any delay beyond the

(claims 3,4,6,9,12,13,15)

inherent transmission,
processing, or storage
requirements described in the

Patent.
“real time transmission”

Without any delay beyond the

(claims 9, 12)

inherent transmission,
processing, or storage
requirements described in the
Patent.

“real time automated storage”

Without any delay beyond the

(claim 21)

inherent transmission,
processing, or storage
requirements described in the
Patent.

“specifically paired, defined by at least one of a wired

Specifically paired, defined by at

serial connection and wireless bonding which enables

least one of: (1) a wired serial

the computing unit to authenticate the identity of the

connection, or (2) a wireless

external computing device prior to communicating

bonding which enables the

electrical signals therewith”

computing unit to authenticate

(claims 3 and 12)

the identity of the external
computing device prior to
communicating electrical signals
therewith.

“personal processing unit”
(claims 21, 23, 24 and 27)

Under advisement

“interactive subscriber communication”

No construction necessary

(claims 3 and 12)

7th
DATED this _____day of July, 2015.

/s/ Michael W. Mosman
_________________________
MICHAEL W. MOSMAN
United States District Judge