BRITAX CHILD SAFETY, INC. v. NUNA INTERNATIONAL B.V. et al

Filing 85

ORDER THE TERM "SITTING SURFACE," AS USED IN CLAIMS 1 AND 16 OF THE '074 PATENT, SHALL HAVE THE FOLLOWING CONSTRUCTION: "A SURFACE UPON WHICH TO REST ON THE BUTTOCKS OR HAUNCHES." THE TERM "PROXIMAL END,"AS USED IN CLAIMS 1 AND 16 OF THE '074 PATENT, SHALL HAVE THE FOLLOWING CONSTRUCTION: "END OF THE TENSIONING MECHANISM OPPOSITE THE DISTAL END, ETC. THE CLERK OF THE COURT IS DIRECTED TO EXTINGUISH THE GAVEL AT DOCKET ENTRY NO. 70 BY DENYING THE MOTION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/23/19. 12/24/19 ENTERED AND COPIES MAILED AND E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA

BRITAX CHILD SAFETY, INC.,
Plaintiff,
v.

NUNA INTERNATIONAL B.V. and
NUNA BABY ESSENTIALS, INC.,
Defendants.

:
:
:
:
:
:
:
:
:
:
:

No. 17-cv-2724

ORDER
AND NOW, this 23rd day of December, 2019, upon consideration of the parties’
respective motions for claim construction, see ECF Nos. 69, 70, 76, 77, and following a hearing
before the Undersigned on November 12, 2018 on the parties’ motions, for the reasons set forth
in the Opinion of this date, IT IS HEREBY ORDERED THAT:
1. The term “sitting surface,” as used in claims 1 and 16 of the ’074 patent, shall
have the following construction: “a surface upon which to rest on the buttocks or
haunches.”
2. The term “proximal end,” as used in claims 1 and 16 of the ’074 patent, shall have
the following construction: “end of the tensioning mechanism opposite the distal
end.”
3. The term “distal end,” as used in claims 1 and 16 of the ’074 patent, shall have the
following construction: “end of the tensioning mechanism opposite to the
proximate end.”
4. The remainder of the claim terms shall have no construction beyond their plain
and ordinary meaning.
5. Defendants’ motion to have the Court find the following claim terms indefinite, is
DENIED, without prejudice: “substantially adjacent,” “proximate an
intersection of the backrest portion and seat portion,” “proximate an intermediate
region of the seat portion,” “generally at a middle of the seat portion in a forward
and rearward direction,” “generally at an intersection of the seat and backrest
potions,” “proximate to the second belt path,” “proximate to the first belt path,”
1
122019

and “proximate to the seat portion.” Defendants may reassert their arguments as
to indefiniteness and these terms following the close of discovery by way of a
motion for summary judgment.
6. The Clerk of the Court is directed to extinguish the gavel at docket entry no. 70
by denying the motion.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Court

2
122019