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MAYFONK ATHLETIC, LLC v. NIKE, INC., 3:14-cv-00423-MO. (2015)

Court: District Court, D. Oregon Number: infdco20150709e46 Visitors: 18
Filed: Jul. 07, 2015
Latest Update: Jul. 07, 2015
Summary: OPINION AND ORDER MICHAEL W. MOSMAN , District Judge . On July 7, 2015, a claim construction hearing was held in the above-entitled patent action. At issue are claim terms appearing in U.S. Patent Number 8,253,586 ("586 patent") and U.S. Patent Number 8,860,584 ("584 patent"). The parties will provide the court with no more than five pages of briefing, due by 5:00PM on Wednesday, July 22, 2015, concerning the proper construction of the term "personal processing unit" in the `584 patent. In
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OPINION AND ORDER

On July 7, 2015, a claim construction hearing was held in the above-entitled patent action. At issue are claim terms appearing in U.S. Patent Number 8,253,586 ("586 patent") and U.S. Patent Number 8,860,584 ("584 patent"). The parties will provide the court with no more than five pages of briefing, due by 5:00PM on Wednesday, July 22, 2015, concerning the proper construction of the term "personal processing unit" in the `584 patent. In this Order and for the reasons stated on the record, I announce my constructions of the following terms:

Claim Term Construction `586 patent "initializing by said computing unit at least one sensor Providing for electrical power by device and the computing unit, wherein said step of the computing unit to at least one initializing comprises providing for the provision of sensor and the computing unit. electrical power" (claim 12) "integrated" As agreed to by the parties (claim 12) "conditioning into a distance measurement an electrical Plain and ordinary meaning signal corresponding to the time delay embedded in said sensor data" (claim 12) "tracking said distance measurement for one or more Plain and ordinary meaning discrete time intervals as period data" (claim 12) `584 patent "activity programs"/ "activity program" Software loaded on the (claims 21 and 23) computing unit that controls sensor data acquisition in connection with a particular athletic activity. "in real time" Without any delay beyond the (claims 3,4,6,9,12,13,15) inherent transmission, processing, or storage requirements described in the Patent. "real time transmission" Without any delay beyond the (claims 9, 12) inherent transmission, processing, or storage requirements described in the Patent. "real time automated storage" Without any delay beyond the (claim 21) inherent transmission, processing, or storage requirements described in the Patent. "specifically paired, defined by at least one of a wired Specifically paired, defined by at serial connection and wireless bonding which enables least one of: (1) a wired serial the computing unit to authenticate the identity of the connection, or (2) a wireless external computing device prior to communicating bonding which enables the electrical signals therewith" computing unit to authenticate (claims 3 and 12) the identity of the external computing device prior to communicating electrical signals therewith. "personal processing unit" Under advisement (claims 21, 23, 24 and 27) "interactive subscriber communication" No construction necessary (claims 3 and 12)
Source:  Leagle

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