TecSec, Incorporated v. International Business Machines Corporation et al

Filing 959

MEMORANDUM OPINION AND ORDER as to the construction of the disputed claim terms in the '452 patent, the '702 patent, the '755 patent, and the '781 patent. Signed by District Judge Liam O'Grady on 12/21/2017. (awac, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Tecsec, Inc..

Plaintiff,
Civil Action No. I:10-cv-115

Hon. Liam O'Grady
Hon. Tiieresa Buchanan

Adobe Systems Inc., ei al.

Defendants.

MEMORANDUM OPINION AND ORDER

Tiiis matter is before the Court on Defendant Adobe Systems Inc.'s motion for the
construction of 14 disputed patent claim terms and a declaration of indefmiteness of two claim

terms, all encompassed ina family ol related patents with substantially similar specification.
Specifically, Adobe seeks construction of claims 1, 4, 8, and 9 of U.S. Patent No. 5,369,702

C702); claim 1ofU.S. Patent No. 5,680,452 ('452); claim 1ofU.S. Patent No. 5,717,755 C755);
and claims 1,3, 14, and 15 of U.S. Patent No. 5,898,781 ('781). The parties fully briefed the
matter and the Court held a Markman hearing on October 27, 2017.
1. PROCEDURAL HISTORY'

PlaintiffTecSec, Inc. accuses the Defendant of infringing on four of Plaintiffs related

patents: U.S. Patent Nos. 5,369,702 (the "'702 Patent"); 5,680,452 (the "'452 Patent");
5,717,755 (the'"755 Patent"); and 5,898,781 (the "'781 Patent") (collectively, the '-DCOM
Patents"). The DCOM Patents articulate a multi-level encryption method and system that allows
' The history ofthis case is well known to the parties and well-articulated in the prior decisions ofthe Court and she
Federal Circuit Court ofAppeals. See, e.g., TecSec. Inc. v. Adobe Sy.';. Inc.. 658 F. App'x 570, .572-75 (Fed. Cir.
2016) ( TecSec IP). Accordingly, the Court limits its background to the issue presented in the present Motion.