garrod glossary of judicial claim constructions in the electronics

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Glossary of Judicial Claim Constructions in the Electronics, Computer and Business Method Arts Compiled and Edited by: David Garrod, Ph.D., Esq. Senior Litigation Counsel PUBLIC PATENT FOUNDATION, INC. Benjamin N. Cardozo School of Law 55 Fifth Avenue New York, New York 10003 [email protected] v. 1.4a (current as of 10-13-2010) © 2010 David Garrod. No claim to government works.

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Electronics, Computer and Business Method Arts
Compiled and Edited by:
David Garrod, Ph.D., Esq. Senior Litigation Counsel PUBLIC PATENT FOUNDATION, INC. Benjamin N. Cardozo School of Law 55 Fifth Avenue New York, New York 10003 [email protected]
v. 1.4a (current as of 10-13-2010) © 2010 David Garrod. No claim to government works.
- A - "ANI"; "calling number identification data" — "a signal that identifies the calling number, i.e.
the number from which a call originated." Katz, et al. v. AT&T Corp., et al., 63 F. Supp. 2d 583 (E.D. Pa. 1999).1
"a" — "one or more." Goff v. Harrah's Operating Co., 412 F. Supp. 2d 1090 (D. Nev. 2005).2
"a computer" — "a system of interconnected electronic components that receive, process, and present data according to instructions, but not a network system of two or more computers." Quickview Systems, Inc. v. Belo Interactive, Inc., 2005 U.S. Dist. LEXIS 19444 (N.D. Tex., Sept. 7, 2005).3
"a contact" — "one or more paths for charge to flow to and from the charge sink means." Loral Fairchild Corp. v. Victor Co. of Japan, Ltd., et al., 906 F. Supp. 798 (E.D.N.Y. 1995).4
"storing password data and trade details in a database" "A plain reading of the claim term 'a' demonstrates that the '647 patent claims one database in which the password data together with trade details data is stored. ... even if 'a' is interpreted as meaning one or more, the presence of "and" in the claim language requires that each of the one or more database(s) contain both password data and trade details data." PostX Corp. v. Secure Data In Motion, Inc., 2003 U.S. Dist. LEXIS 25755 (N.D. Cal., Sept. 29, 2003).5
"a first clock signal to said analog circuitry for controlling the sampling" — "does not require a single clock signal to control sampling." Crystal Semiconductor Corp. v. Tritech Microelectronics International, Inc., et al., 246 F.3d 1336 (Fed. Cir. 2001).6
"a first computer"; "said first computer" "requires the 'first computer' to be one and the same computer." PostX Corp. v. Secure Data In Motion, Inc., 2003 U.S. Dist. LEXIS 25754 (N.D. Cal., Nov. 25, 2003).7
"[selection of one of the coding modes as] a function, at least in part, of periodicity [of the speech signal]" — "The Board reversibly erred in ... (2) construing Claim 1 to require only the provision of a plurality of coding modes wherein at least two of the coding modes 'correspond to substantially voiced input speech signals,' where the claim also requires that a coding mode be selected based on the periodicity of the speech signal." In re Gerson, 1996 U.S. App. LEXIS 23421 (Fed. Cir., Sept. 6, 1996) (unpublished).8
"a multi-unit memory system" — "is 'a' (that is to say, one, or a single) system that uses two or more data storage memory units. Of course, the fact that the patent claims 'a' system does not mean that IBM or some other party would escape liability for infringement by constructing two or three or even more such multi-unit memory systems and somehow linking them together or causing them to operate together." TM Patents, L.P., et al. v. International Business Machines Corp., 72 F. Supp. 2d 370 (S.D.N.Y. 1999).9
"a program running on a computer" — "one or more computer software programs in operation on one or more computers." Aircraft Technical Publishers vs. Avantext, Inc., 2009 U.S. Dist. LEXIS 105623 (N.D. Cal., Nov. 10, 2009).10
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"disposed over a portion" — "disposed over at least one portion." Crystal Semiconductor Corp. v. Tritech Microelectronics International, Inc., 246 F.3d 1336 (Fed. Cir. 2001).11
"a processor" — "one or more processors." Ingenio, Filiale de Loto-Quebec, Inc. v. GameLogic, Inc., 445 F. Supp. 2d 443 (D. Del., July 21, 2006).12
"a rasterization process which operates on a floating point format" — "'one or more' of the rasterization processes (e.g., scan conversion, color, texture, fog, shading) operate in floating point format." Silicon Graphics, Inc. v. ATI Technologies, Inc., et al., 2010 U.S. App. LEXIS 11457 (Fed. Cir., Jun. 4, 2010).13
"a server" — "one server computer." FotoMedia Technologies, LLC v. AOL, LLC, et al., 2009 U.S. Dist. LEXIS 62542 (E.D. Tex., Jul. 21, 2009).14
"a signal" — "one or more signals." Good Sportsman Marketing LLC v. Testa Associates, LLC, et al., 440 F.Supp.2d 570 (E.D. Tex. 2006).15
"a spot of radiation" "appl[ies] to both single and multi-beam tracking systems." U.S. Philips Corp. v. Princo Corp., et al., 361 F. Supp. 2d 168 (S.D.N.Y. 2005).16
"a tunneling diffusion region" — "is not limited to processes that create only a single tunneling diffusion region." Atmel Corp. v. Information Storage Devices, Inc., 997 F. Supp. 1210 (N.D. Cal. 1998).17
"about one quarter wavelength of the center of ..." — "about the result of the center of ... divided by four." Raytheon Co. v. Indigo Systems Corp., 2010 U.S. Dist. LEXIS 3530 (E.D. Tex., Jan. 18, 2010).18
"above" — "higher than, but not necessarily directly in contact with." EMI Group North America, Inc. v. Cypress Semiconductor Corp., 68 F. Supp. 2d 421 (D. Del. 1999).19
"an electrically isolated first conductive gate disposed above said substrate between said first and second doped regions" — "requires only that the gate be located somewhere in between the source and the drain." Atmel Corp. v. Information Storage Devices, Inc., 997 F. Supp. 1210 (N.D. Cal. 1998).20
"first abbreviated information" — "an amount of information found in the first information that is shorter or briefer than that which is found in the second information." BarTex Research, LLC v. FedEx Corp., et al., 2009 U.S. Dist. LEXIS 117609 (E.D. Tex., Dec. 14, 2009).21
"absorbs"; "absorbing" — "to retain wholly, without reflection or transmission, that which is taken in." MacDermid Printing Solutions, L.L.C. v. E.I. Du Pont De Nemours & Co., 2010 U.S. Dist. LEXIS 23746 (D.N.J., Mar. 15, 2010).22
"AC power supply" — "an electric power supply producing alternating current." Applied Science and Technology, Inc. v. Advanced Energy Industries, Inc., 204 F. Supp. 2d 712 (D. Del. 2002).23
"an AC powered DC charger for powering said radio and charging a removable DC voltage power source" — "a direct current charger powered by alternating current that is capable of powering the radio and is capable of charging the removable direct current voltage power source." Black & Decker Inc., et al. v. Robert Bosch Tool Corp., 389 F. Supp. 2d 1010 (N.D. Ill. 2005).24
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"an AC powered DC power supply disposed in said enclosure for powering said radio and generating a first DC output voltage having a magnitude sufficient to power said radio" — "a direct current power supply in the enclosure powered by alternating current that generates a direct current output voltage sufficient to power the radio." Black & Decker Inc., et al. v. Robert Bosch Tool Corp., 389 F. Supp. 2d 1010 (N.D. Ill. 2005).25
"AC switching power supply" — "a power supply that uses switching devices to produce an AC output without using an impedance matching network." Applied Science and Technology, Inc. v. Advanced Energy Industries, Inc., 204 F. Supp. 2d 712 (D. Del. 2002).26
"accepting television (TV) broadcast signals, wherein said TV signals are based on a multitude of standards" "accepting television (TV) broadcast signals, wherein said TV signals are based on numerous standards." TiVo Inc. v. EchoStar Communications Corp., et al., 2005 U.S. Dist. LEXIS 46879 (E.D. Tex., Aug. 18, 2005).27
"access device" — "a device that can receive and transmit data over a network." Network-1 Security Solutions, Inc. v. Cisco Systems, Inc., et al., 2010 U.S. Dist. LEXIS 12938 (E.D. Tex., Feb. 16, 2010).28
"accessed by any one of the authorized plurality of media player devices" — "retrieved or obtained, including for use, by each of the authorized 'media player devices.'" Zapmedia Services, Inc. v. Apple Inc., 2010 U.S. Dist. LEXIS 49387 (E.D. Tex., May 19, 2010).29
"according to a function defining generator speed versus generator electrical power output" "determined by a mathematical rule defining the relationship between generator speed and generator electrical power output." Gamesa Eolica, S.A. v. General Electric Co., 359 F. Supp. 2d 790 (W.D. Wis. 2005).30
"acoustic velocity" "the speed of sound through a medium." Echometer Co., et al. v. Lufkin Industries, Inc., 2003 U.S. Dist. LEXIS 13210 (N.D. Tex., Jul. 31, 2003).31
"acting on the signal from said receiver" — "restoring a modified signal received from the receiver to its unmodified condition." Broadcast Innovation, LLC v. Echostar Communications Corp., 240 F. Supp. 2d 1127 (D. Colo. 2003).32
[i] "activates the call pod"; [ii] "automatically activate"; [iii] "automatically deactivate"— [i] "powers on the call pod"; [ii] "to automatically power on the call pod during a call"; [iii] "to automatically power off the call pod upon the termination of the call." Callpod, Inc. v. GN Netcom, Inc., et al., 2009 U.S. Dist. LEXIS 51103 (N.D. Ill., Mar. 6, 2009).33
"activating" "setting in motion." Bed-Check Corp. v. Ultimate Safety, Inc., 2003 U.S. Dist. LEXIS 27845 (N.D. Okla., Nov. 24, 2003).34
"activation amount" — "a value used to establish the total value of goods or services that the user may obtain upon the prepaid account being made functional for use." Alexsam, Inc. v. IDT Corp., 2010 U.S. Dist. LEXIS 64478 (E.D. Tex., Jun. 29, 2010).35
"active electrode" — "a stimulating electrode ... applied to tissue for stimulation and distinguished from [a return electrode] by having a smaller area of contact, thus affording a higher current density." Arthrocare Corp. v. Smith & Nephew, Inc., 2003 U.S. Dist. LEXIS 5976 (D. Del., Apr. 9, 2003).36
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"active layer" — "the layer in which both types of carriers (electrons and holes) are simultaneously present in significant numbers compared to an intrinsic semiconductor at room temperature." Seoul Semiconductor Co. Ltd. v. Nichia Corp., et al., 596 F. Supp. 2d 1005 (E.D. Tex. 2009).37
"the predetermined number is within about a reasonable number for human capacity" — "is indefinite." Cisco Systems, Inc., et al. v. Telcordia Technologies, Inc., 2007 U.S. Dist. LEXIS 58650 (E.D. Tex., Aug. 10, 2007).38
"accelerator board" "a printed circuit board made of insulating material that has an upgraded microprocessor mounted thereon and is adapted to connect into the socket of a computer board system." All Computers, Inc. v. Intel Corp., 2005 U.S. Dist. LEXIS 43968 (E.D. Va., Feb. 9, 2005).39
"accepting bid submissions only during a predetermined time period" — "allowing for transmission of bids to the issuer only up until a fixed time on a fixed sale date." Muniauction, Inc. v. Thomson Corp., 2006 U.S. Dist. LEXIS 57461 (W.D. Pa., Aug. 15, 2006).40
"access" — "shall be given its plain and ordinary meaning." Leader Technologies, Inc. v. Facebook, Inc., 2010 U.S. Dist. LEXIS 21100 (D. Del., Mar. 9, 2010).41
"access" — "to gain entry to a computer system and make use of its resources." MyMail, Ltd. v. American Online, Inc., et al., 2005 U.S. Dist. LEXIS 40716 (E.D. Tex., June 3, 2005).42
"access authorization data" — "access rights granted to each user class and an access threshold value." HTC Corp., et al. v. IPCom GmbH & Co., KG, 2010 U.S. Dist. LEXIS 87585 (D.D.C., Aug. 25, 2010).43
"access code" "a sequence of characters used as a password which an authorized user must enter to gain access to the controller means." Medtronic MiniMed Inc. v. Smiths Medical MD Inc., 2005 U.S. Dist. LEXIS 10583 (D. Del., Jun. 1, 2005).44
"user remote access device"; "remote access device" — "a device that can gain access to voice messages stored on the telephone answering device from a remote location." Klausner Technologies, Inc. v. Vonage Holdings Corp., et al., 2007 U.S. Dist. LEXIS 57604 (E.D. Tex., Aug. 7, 2007).45
"access information" — "a combination of numerals, letters, and/or characters that can be transmitted from a phone to a call processor, which identifies one, and only one pre-paid calling card account." TGIP, Inc. v. AT&T Corp., et al., 512 F. Supp. 2d 696 (E.D. Tex. 2007).46
"access information" — "information that specifies a memory access." Samsung Electronics Co., Ltd. v. Matsushita Electric Industrial Co., Ltd., 2007 U.S. Dist. LEXIS 84758 (E.D. Tex., Nov. 14, 2007).47
"access information defining a specification of said operation mode" — "information defining a specification for an operation mode." Samsung Electronics Co., Ltd. v. Matsushita Electric Industrial Co., Ltd., 2007 U.S. Dist. LEXIS 84758 (E.D. Tex., Nov. 14, 2007).48
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"access information defining a specification of said operation mode in combination with said external control input defining said operation mode" — "information defining a specification for an operation mode, which, together with external control input, defines the specifics of the operation mode." Samsung Electronics Co., Ltd. v. Matsushita Electric Industrial Co., Ltd., 2007 U.S. Dist. LEXIS 84758 (E.D. Tex., Nov. 14, 2007).49
"access point" "an element in a network that provides access to the network infrastructure." Agere Systems, Inc. v. Broadcom Corp., 2004 U.S. Dist. LEXIS 14992 (E.D. Pa., Aug. 2, 2004).50
"access threshold value" — "a value used to determine whether the subscriber station is authorized to access the common telecommunications channel." HTC Corp., et al. v. IPCom GmbH & Co., KG, 2010 U.S. Dist. LEXIS 87585 (D.D.C., Aug. 25, 2010).51
"selected ones of a plurality of target objects and sets of target objects characteristics that are accessible via an electronic storage media" "selected ones of a plurality of physical or electronic objects and/or sets of their characteristics available for access by the user, that are capable of being obtained, used, seen, or known, by means of electronic storage media." Pinpoint Inc. v. Amazon.com, et al., 2004 U.S. Dist. LEXIS 17641 (N.D. Ill., Aug. 31, 2004).52
"accessing" — "gaining entry to." Flash Seats, LLC v. Paciolan, Inc., 2010 U.S. Dist. LEXIS 4181 (D. Del., Jan. 19, 2010).53
[i] "accessing"; [ii] "system for accessing" — [i] "any suitable form of solely computer-executed data transfer including exchanging data directly between software modules, uploading a data file, or using a common memory, and may utilize a local area network or wide area network such as the Internet to transfer data"; [ii] "software or any hardware device programmed to access inventory information of multiple stations. A 'system' does not include a human being attempting to perform the task or function manually." Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., et. al., 2008 U.S. Dist. LEXIS 1588 (E.D. Tex., Jan. 8, 2008).54
"accessing" — "obtaining access to." Timeline, Inc. v. Proclarity Corp., 2007 U.S. Dist. LEXIS 7134 (W.D. Wash., Jan. 31, 2007).55
"accessing" — "gaining or obtaining the ability to enter or make use of files. The Court further concludes that the term 'accessing' in the context of the Katz patents does not delineate or restrict the types of functions that may be performed on the files once they are accessed, such as updating files, creating new files, or deleting files." Katz, et al. v. AT&T Corp., et al., 63 F. Supp. 2d 583 (E.D. Pa. 1999).56
"accessing the master data base, performing a compatibility comparison, and selecting each option of the third plurality of options from the first plurality of options as a function of each option's compatibility with the selected choice" — "accessing the master data base to perform a compatibility comparison of each of the first plurality of options and all previously selected choices in order to select for inclusion in the third plurality of options those options that are compatible with all previously chosen options. The compatibility comparison must be performed using compatibility tags and cannot be performed using relationship tables." Dell USA L.P. v. Lucent Technologies, Inc., 464 F. Supp. 2d 620 (E.D. Tex. 2006).57
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"account number unique to the consumer"; "consumer account number"; "unique account number" — "Aside from the term 'consumer,' which the court has already construed, these terms may be understood according to their plain and ordinary meaning. No further construction is needed." Source, Inc. v. American Express Co., 2007 U.S. Dist. LEXIS 68248 (E.D. Tex., Sept. 14, 2006).58
"account value" — "the monetary value that is maintained in the post-annuitization phase." Lincoln National Life Insurance Co. v. Transamerica Financial Life Insurance Co., 2007 U.S. Dist. LEXIS 16822 (N.D. Ind., March 6, 2007).59
"accounting data"— "any combination of data associated with the number of users, number of interactions, and, for service requests to perform transactions, the commissions based on such transactions." Yodlee, Inc. v. CashEdge, Inc., 2006 U.S. Dist. LEXIS 48614 (N.D. Cal., July 7, 2006).60
"accounting data" — "information relating to a computation of data." Katz, et al. v. AT&T Corp., et al., 63 F. Supp. 2d 583 (E.D. Pa. 1999).61
"accumulating" — "the invention gathers error flags, however few there may be, to indicate whether a slide is suitable for processing. Thus, 'accumulating' may encompass one or more error flags." Cytyc Corp. v. Tripath Imaging, Inc., et al., 2005 U.S. Dist. LEXIS 29850 (D. Mass, Nov. 28, 2005).62
"accumulating" — "increasing in number or quantity." Source, Inc. v. American Express Co., 2007 U.S. Dist. LEXIS 68248 (E.D. Tex., Sept. 14, 2006).63
"accumulating a count of bytes of data" "maintaining a count of bytes of data." Lucent Technologies, Inc. v. Extreme Networks, Inc., et al., 367 F. Supp. 2d 649 (D. Del. 2005).64
"accumulating a count of bytes of data arriving at a node per interval" — "maintaining a count of bytes that have arrived at a node over a period of time." Lucent Technologies, Inc. v. Newbridge Networks Corp., et al., 168 F. Supp. 2d 181 (D. Del. 2001).65
"accumulating the payments until a predetermined amount is reached" — "accumulating the payments until a predetermined monetary amount is reached." AdvanceMe, Inc. v. Rapidpay, LLC, et al., 2006 U.S. Dist. LEXIS 92444 (E.D. Tex., Dec. 21, 2006).66
"accumulator" — "a device that performs the operation of accumulating." Source, Inc. v. American Express Co., 2007 U.S. Dist. LEXIS 68248 (E.D. Tex., Sept. 14, 2006).67
"accumulator" — "a register used in arithmetic operations." Cryptography Research, Inc. v. Visa International Service Association, et al., 2007 U.S. Dist. LEXIS 40929 (N.D. Cal., May 22, 2007).68
"means under control of the accumulator ..."; "accumulator" — "Coinco has not convinced the Court that the general term 'accumulator' on its own describes sufficient structure for an individual skilled in the art to understand…