TYCO FIRE PRODUCTS LP v. VICTAULIC COMPANY

Filing 94

ORDER THAT THE DISPUTED CLAIM TERMS ARE DEFINED AS OUTLINED HEREIN, ETC. IT IS FURTHER ORDERED THAT PARTIES SHALL MEET & CONFER & SUBMIT TO THE COURT A JOINTLY PROPOSED SCHEDULING ORDER BY 4/6/2012.SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/27/12. 3/28/12 ENTERED AND COPIES E-MAILED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TYCO FIRE PRODUCTS, L.P., Plaintiff, v. VICTAULIC COMPANY Defendant. : : : : : : : : : CIVIL ACTION NO. 10-4645 O R D E R AND NOW, this 27th day of March, 2012, for the reasons set forth in the Court’s accompanying memorandum dated March 27, 2012, it is ORDERED that the disputed claim terms are defined as follows: Terms & Patent(s) dry ’736 Patent Court’s Construction A type of fire protection wherein fluid flow lines are filled with air or another gas and upon release of this air or other gas, water enters the fluid flow lines. ceiling-only ’736 Patent storage occupancy ’736 Patent Sprinklers are only located at the ceiling, above the stored items or materials. There are no sprinklers between the ceiling sprinklers and the floors. An occupancy used primarily for the storage or sheltering of goods, merchandise, products, vehicles or animals. ’736 Patent Sprinklers that limit the size of a fire by distribution of water so as to decrease the heat release rate and pre-wet adjacent combustibles, while controlling ceiling gas temperatures. network of pipes A configuration of pipes. control mode sprinklers ’736 Patent branch lines ’736 Patent hydraulically remote sprinklers ’736 Patent hydraulic design area ’736 Patent The pipes in which the sprinklers are placed, either directly or through risers. Sprinklers that place the greatest water demand on a system in order to provide a prescribed minimum discharge pressure or flow. An area, defined in squared units of measure, comprising a defined number of hydraulically remote sprinklers at defined spacing between each sprinkler. 2 maximum fluid delivery delay period ’736 Patent minimum fluid delivery delay period ’736 Patent pressure decay; decay of gas pressure The maximum intentionally delayed period of time following the activation of the first sprinkler to the activation of another specified sprinkler in the system. The minimum intentionally delayed period of time following the activation of the first sprinkler to the activation of another specified sprinkler in the system. No construction necessary. ’736 Patent control mode specific application sprinkler ’736 Patent most hydraulically demanding sprinklers ’736 Patent A type of sprinkler that is capable of limiting the size of a fire by distribution of water so as to decrease the heat release rate and pre-wet adjacent combustibles, while controlling ceiling gas temperature to avoid structural damage and that is functional at a minimum operating pressure with a specific number of operating sprinklers for a given protection scheme. Sprinklers that place the greatest water demand on a system in order to provide a prescribed minimum discharge pressure or flow. 3 least hydraulically Sprinklers that place the demanding least water demand on a sprinklers system in order to provide a prescribed minimum ’736 Patent discharge pressure or flow. identifying No construction necessary. ’736 Patent verifying No construction necessary. ’736 Patent surround and drown ’736 Patent fire suppression protection; suppression of a fire To substantially surround a burning area with a discharge of water to rapidly reduce the heat release rate. To deliver water density sufficient to contain or extinguish a fire. ’201 Patent sprinkler for providing fire suppression protection in a storage enclosure ’201 Patent A sprinkler to deliver water density sufficient to contain or extinguish a fire for protection of a storage enclosure, not necessarily an ESFR sprinkler. a generally tubular No construction necessary. body defining a passageway along a longitudinal axis ’201 Patent 4 the passageway having a changing cross-section as the passageway extends along the longitudinal axis between an inlet opening at one end of the body and an outlet opening at the other end The passageway having a changing cross-section as the passageway extends along the longitudinal axis between an inlet opening at one end of the body and an outlet opening at the other end, wherein the changing cross-section need not be continuously changing. ’201 Patent the passageway having a minimum diameter to define . . . a first diameter of the sprinkler No construction necessary. ’201 Patent the plurality of peripheral edges defining the maximum diameter of the redirecting member as a second diameter of the sprinkler The outer edges of the plurality of tines defines the maximum diameter of the redirecting member as a second diameter of the sprinkler. ’201 Patent It is hereby further ORDERED, that the parties shall meet and confer and submit to the Court a jointly proposed scheduling order by April 6, 2012. AND IT IS SO ORDERED. s/Eduardo C. Robreno EDUARDO C. ROBRENO, J. 5

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