GAMMINO v. SPRINT NEXTEL CORPORATION et al

Filing 154

MEMORANDUM AND/OR OPINION CLAIMS CONSTRUCTION ORDER AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/2/2013. 7/3/2013 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
JOHN R. GAMMINO,
:
Plaintiff,
:
CIVIL ACTION
v.
:
:
NO. 10-2493
SPRINT COMMUNICATIONS COMPANY,
:
L.P., et al.,
:
Defendants.
:
__________________________________________:
CLAIM CONSTRUCTION ORDER
AND NOW, this 2nd day of July 2013, upon consideration of the claim construction
briefs and supplemental submissions filed by the parties as well as the exhibits and evidence
submitted, including U.S. Patent No. 5,809,125, and after a technology tutorial and claim
construction hearing, and for the reasons set forth in the accompanying Opinion, it is hereby
ORDERED that the following disputed claims are construed as follows:
Selectively enabling, transmitting said dialing sequence, and transmits said dialing
sequence mean “establishing a phone call unless the phone call is an international,
access code call.”
Means for receiving means “decoder 120 in telephone 100, decoder/DTMF
generator/tone converter 260 in interface unit 200, or DTMF detector 330 in personal
computer 300.”
Means for evaluating means “microprocessor 130 in telephone 100, or microcontroller
230 in interface unit 200.”
Means for transmitting means “microprocessor 130, switch 150/150A, and telecom
interface and tone generation 160 within telephone 100; and microcontroller 230, switch
240/240A, and decoder/DTMF generator/tone converter 260 in interface unit 200.”
Predetermined signals [or predetermined digit sequences or test signal value
sequences] which are used to accomplish [or “for”] international dialing means “the
set of all sequences of digits which are used for international dialing.”
Irrespective of said second plurality or dialing signals [or said plurality of further

signal values or said second group of signal values] means “without analyzing the
content of said second plurality of dialing signals, said plurality of further signal values,
or said second group of signal values.”
Telecommunications device means “A telephone or telecommunications device as
described in the specification as ‘telecommunications device 100’ depicted in Figures 1A
and 1B and described at column 3, lines 13-21, or ‘telecommunications device 210’
depicted in Figures 2A, 2B, and 2C and described in column 6, lines 47-53.”
Telecommunications apparatus means “a telephone or telecommunications device 100
or 210 and interface unit 160 or 200, located outside of an external network (or on the
same side of a commercial telecommunications network).”
Means for preventing [and at least partially preventing operation of] means “in
telecommunications device 100, either one or more of, microprocessor 130, switch
150/150a, and telecom interface and tone generation 160; or in interface unit 200, either
one or more of, microcontroller 230, decoder/DTMF generator/tone converter 260, and
switch 240, which prevents a phone call if the phone call is an international, access code
call.”
Signal value means “a dual-tone multi-frequency (“DTMF”) analog signal transferred by
hertz tones.”
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
______________________
CYNTHIA M. RUFE, J.