CARDIONET, INC. v. THE SCOTTCARE CORPORATION et al

Filing 96

ORDER THAT THE TERMS IN THE CLAIMS OF THE UNITED STATES PATENT 7,212,850 ('850 PATENT) 7,907,996 ('996 PATENT) 6,569,095 ('095 PATENT) 7,587,237('207 PATENT) SHALL BE CONSTRUED AS OUTLINED IN THIS ORDER. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 10/8/14. 10/10/14 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CARDIONET, INC.,
Plaintiff,
and counterdefendant

:
:
:
:
BRAEMAR MANUFACTURING, LLC,
:
Plaintiff
:
: CIVIL ACTION No. 2:12-cv-2516
v.
:
:
THE SCOTTCARE CORPORATION, and :
AMBUCOR HEALTH SOLUTIONS,
:
INC.,
:
:
Defendants,
:
and counterclaimants.
:

ORDER
AND NOW, this ____ day of October, 2014, upon consideration of briefs and materials
submitted by the parties, and after a Markman hearing on patent claim construction, it is hereby
ORDERED that the following terms in the claims of United States Patent Nos. 7,212,850 (‘850
Patent), 7,907,996 (‘996 Patent), 6,569,095 (‘095 Patent), 7,587,237 (‘237 Patent), and 7,941,207
(‘207 Patent) shall be construed as follows:

1. pictographically presenting need not be construed beyond its plain and ordinary
meaning;
2. heart rate trend means information relating to heart rate over the defined time period;
3. measure of correlation means a numerical value representing a comparison between the
first data set with a second data set;
4. selectively presenting the information means determining whether to present
information or not present information based on a numerical value;
5. subset means a set that is less than all the elements of a given set;

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6. selecting a revised warning limit need not be construed beyond its plain and ordinary
meaning;
7. physiological characteristic means a physiological state measurable using a sensor, such
as heartbeat rate, respiration rate, blood pressure, and the like;
8. warning signal need not be construed beyond its plain and ordinary meaning;
9. measure of merit means valuation applied to a particular purpose;
10. merit criterion means criteria for determining whether information describing an event
may be transmitted;
11. discarding information means not transmitting information from the
electrocardiographic monitoring instrumentation to the remote medical receiver;
12. ventricular beat detector means hardware and/or software running on a processor that
identifies ventricular beats; and
13. when the absolute difference between the first time and second time grows need not
be construed beyond its plain and ordinary meaning.

BY THE COURT:
/s/ Petrese B. Tucker

____________________________
Hon. Petrese B. Tucker, C.J.

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