inMusic Brands, Inc. v. Roland Corporation

Filing 84

ORDER adopting 71 Report and Recommendations with the clarification that the meaning is in Figure 5, element 402 of the '724 Patent as agreed to by the parties- So Ordered by District Judge John J. McConnell, Jr. on 8/2/2019. (Barletta, Barbara)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

INMUSIC BRANDS, INC,
Plaintiff,
v.

ROLAND CORP.,
Defendant.

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C.A. No. 17·010-JJM·LDA

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ORDER
JOHN J. MCCONNELL, JR., United States District Judge.
InMusic Brands, Inc. filed a patent infringement action against Roland
Corporation, alleging infringement of U.S. Patent Nos. 9,424,827 (Electronic
Percussion Instrument with Enhanced Playing Area, the '827 Patent); 8,039,724
(Removeable Electronic Drum Head for an Acoustic Drum, the '724 Patent); and
8, 785,758 (Electronic Hi· Hat Cymbal Controller, the '758 Patent). Both parties filed
Claim Construction Briefs and the Court referred the matter to Magistrate Judge
Lincoln D. Almond to conduct a MaTkman hearing. On June 12, 2019, issued the
attached Report and Recommendation, construing the disputed claim terms. ECF
No. 71.
After review of both parties' objections and conducting a de novo review, the
Court finds the Magistrate Judge's reasoning to be thorough and persuasive. The
Court therefore adopts the Report and Recommendation with one clarification as to
the construction of the term "drum hoop" in the '724 Patent. The R & R recommended

that "drum hoop" does not need construction and should be given its plain and
ordinary meaning. The R & R went on to suggest that "[i]t is commonly understood
to be a hoop or rim used to hold a drumhead or drumskin against a drum shell or
body." ECF No. 71 at 11. In their briefing to this Court, both parties consent to using
the plain and ordinary meaning, but agree that that meaning is not what the
Magistrate Judge suggests it is commonly understood to be, but that which is found
in the '724 specification in Figure 5, element 402. In light of the parties' agreement
on this term, the Court adopts the Magistrate Judge's recommendation that "drum
hoop" be given its plain and ordinary meaning, but clarifies that that meaning is in
Figure 5, element 402 of the '724 Patent as agreed to by the parties.

John J. McConnell, Jr.
United States District Judge
August 2, 2019

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