ROY S. PAYNE, United States Magistrate Judge.
Before the Court is the opening claim construction brief of Hitachi Maxell, Ltd. ("Plaintiff") (Dkt. No. 53, filed on August 26, 2015),
A. The `412 Patent — "input picture signal"... 500
B. The `197 Patent — The "video processor sections" Terms ... 506
C. The `366 Patent ... 510
Plaintiff alleges infringement of U.S. Patents No. 6,037,995 (the "`995 Patent"), No. 6,144,412 (the "`412 Patent"), No. 6,388,713 (the "`713 Patent"), No. 7,924,366 (the "`366 Patent"), No. 8,009,375 (the "`375 Patent"), and No. 8,913,197 (the "`197 Patent") (collectively, the "Asserted Patents").
In general, the Asserted Patents are directed to systems and methods for displaying or processing picture signals. The `995 Patent is entitled "BROADCASTING AND COMMUNICATION RECEIVER APPARATUS." It issued on March 14, 2000 and claims priority to a Japanese patent application filed on April 19, 1996. The `412 Patent is entitled "METHOD AND CIRCUIT FOR SIGNAL PROCESSING OF FORMAT CONVERSION OF PICTURE SIGNAL." It issued on November 7, 2000 and claims priority to a Japanese patent application filed October 15, 1996. The `713 Patent is entitled "IMAGE DISPLAY APPARATUS, AND METHOD TO PREVENT OR LIMIT USER ADJUSTMENT OF DISPLAYED IMAGE QUALITY." It issued on May 14, 2002 and claims priority to a Japanese patent application filed on July 14, 1997. The `366 Patent is entitled "IMAGE DISPLAYING APPARATUS." It issued on April 12, 2011 and claims priority to Japanese patent applications filed on September 28, 2007. The `375 Patent is entitled
The Court has previously considered the `995 Patent, the `412 Patent, the `713 Patent, and the `375 Patent, and construed claims from those patents. Hitachi Consumer Elecs. Co. v. Top Victory Elecs. (Taiwan) Co., et al., No. 2:10-cv-260-JRG, 2013 WL 5273326, 2012 U.S. Dist. LEXIS 162106 (E.D.Tex. Nov. 13, 2012). In that same proceeding, the Court considered two patents related to the `197 Patent, namely, U.S. Patent No. 6,549,243 (the "`243 Patent") and U.S. Patent No. 7,889,281 (the "`281 Patent"). The `197 Patent is related to the `243 Patent and to the `281 Patent through a series of continuation applications, and therefore shares a substantially identical specification, apart from the claims.
"It is a `bedrock principle' of patent law that `the claims of a patent define the invention to which the patentee is entitled the right to exclude.'" Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed.Cir. 2005) (en banc) (quoting Innova/Pure Water Inc. v. Safari Water Filtration Sys., Inc., 381 F.3d 1111, 1115 (Fed.Cir.2004)). To determine the meaning of the claims, courts start by considering the intrinsic evidence. Id. at 1313; C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 861 (Fed.Cir.2004); Bell Atl. Network Servs., Inc. v. Covad Commc'ns Group, Inc., 262 F.3d 1258, 1267 (Fed.Cir.2001). The intrinsic evidence includes the claims themselves, the specification, and the prosecution history. Phillips, 415 F.3d at 1314; C.R. Bard, Inc., 388 F.3d at 861. The general rule — subject to certain specific exceptions discussed infra — is that each claim term is construed according to its ordinary and accustomed meaning as understood by one of ordinary skill in the art at the time of the invention in the context of the patent. Phillips, 415 F.3d at 1312-13; Alloc, Inc. v. Int'l Trade Comm'n, 342 F.3d 1361, 1368 (Fed.Cir.2003); Azure Networks, LLC v. CSR PLC, 771 F.3d 1336, 1347 (Fed.Cir.2014) ("There is a heavy presumption that claim terms carry their accustomed meaning in the relevant community at the relevant time.") (vacated on other grounds).
"The claim construction inquiry... begins and ends in all cases with the actual words of the claim." Renishaw PLC v. Marposs Societa' per Azioni, 158 F.3d 1243, 1248 (Fed.Cir.1998). "[I]n all aspects of claim construction, `the name of the game is the claim.'" Apple Inc. v. Motorola, Inc., 757 F.3d 1286, 1298 (Fed. Cir.2014) (quoting In re Hiniker Co., 150 F.3d 1362, 1369 (Fed.Cir.1998). First, a term's context in the asserted claim can be instructive. Phillips, 415 F.3d at 1314. Other asserted or unasserted claims can also aid in determining the claim's meaning, because claim terms are typically used consistently throughout the patent. Id. Differences among the claim terms can also assist in understanding a term's meaning. Id. For example, when a dependent claim adds a limitation to an independent claim, it is presumed that the independent claim does not include the limitation. Id. at 1314-15.
"[C]laims `must be read in view of the specification, of which they are a part.'" Id. (quoting Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed.Cir.1995) (en banc)). "[T]he specification
The prosecution history is another tool to supply the proper context for claim construction because, like the specification, the prosecution history provides evidence of how the PTO and the inventor understood the patent. Phillips, 415 F.3d at 1317. However, "because the prosecution history represents an ongoing negotiation between the PTO and the applicant, rather than the final product of that negotiation, it often lacks the clarity of the specification and thus is less useful for claim construction purposes." Id. at 1318; see also Athletic Alternatives, Inc. v. Prince Mfg., 73 F.3d 1573, 1580 (Fed.Cir.1996) (ambiguous prosecution history may be "unhelpful as an interpretive resource").
Although extrinsic evidence can also be useful, it is "`less significant than the intrinsic record in determining the legally operative meaning of claim language.'" Phillips, 415 F.3d at 1317 (quoting C. R. Bard, Inc., 388 F.3d at 862). Technical dictionaries and treatises may help a court understand the underlying technology and the manner in which one skilled in the art might use claim terms, but technical dictionaries and treatises may provide definitions that are too broad or may not be indicative of how the term is used in the patent. Id. at 1318. Similarly, expert testimony may aid a court in understanding the underlying technology and determining the particular meaning of a term in the pertinent field, but an expert's conclusory, unsupported assertions as to a term's definition are entirely unhelpful to a court. Id. Generally, extrinsic evidence is "less reliable than the patent and its prosecution history in determining how to read claim terms." Id. The Supreme Court recently explained the role of extrinsic evidence in claim construction:
Teva Pharm. USA, Inc. v. Sandoz, Inc., ___ U.S. ___, 135 S.Ct. 831, 841, ___ L.Ed.2d ___ (2015).
There are "only two exceptions to [the] general rule"
To act as his own lexicographer, the patentee must "clearly set forth a definition of the disputed claim term," and "clearly express an intent to define the term." Id. (quoting Thorner, 669 F.3d at 1365); see also Renishaw, 158 F.3d at 1249. The patentee's lexicography must appear "with reasonable clarity, deliberateness, and precision." Renishaw, 158 F.3d at 1249.
To disavow or disclaim the full scope of a claim term, the patentee's statements in the specification or prosecution history must amount to a "clear and unmistakable" surrender. Cordis Corp. v. Boston Sci. Corp., 561 F.3d 1319, 1329 (Fed.Cir.2009); see also Thorner, 669 F.3d at 1366 ("The patentee may demonstrate intent to deviate from the ordinary and accustomed meaning of a claim term by including in the specification expressions of manifest exclusion or restriction, representing a clear disavowal of claim scope.") "Where an applicant's statements are amenable to multiple reasonable interpretations, they cannot be deemed clear and unmistakable." 3M Innovative Props. Co. v. Tredegar Corp., 725 F.3d 1315, 1326 (Fed.Cir.2013).
A patent claim may be expressed using functional language. See 35 U.S.C. § 112, ¶ 6; Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1347-49 & n. 3 (Fed. Cir.2015) (en banc in relevant portion). Section 112, Paragraph 6, provides that a structure may be claimed as a "means ... for performing a specified function" and that an act may be claimed as a "step for performing a specified function." Masco Corp. v. United States, 303 F.3d 1316, 1326 (Fed.Cir.2002).
But § 112, ¶ 6 does not apply to all functional claim language. There is a rebuttable presumption that § 112, ¶ 6 applies when the claim language includes "means" or "step for" terms, and that it does not apply in the absence of those terms. Masco Corp., 303 F.3d at 1326; Williamson, 792 F.3d at 1348. The presumption stands or falls according to whether one of ordinary skill in the art
When it applies, § 112, ¶ 6 limits the scope of the functional term "to only the structure, materials, or acts described in the specification as corresponding to the claimed function and equivalents thereof." Williamson, 792 F.3d at 1347. Construing a means-plus-function limitation involves multiple steps. "The first step ... is a determination of the function of the means-plusfunction limitation." Medtronic, Inc. v. Advanced Cardiovascular Sys., Inc., 248 F.3d 1303, 1311 (Fed. Cir.2001). "[T]he next step is to determine the corresponding structure disclosed in the specification and equivalents thereof." Id. A "structure disclosed in the specification is `corresponding' structure only if the specification or prosecution history clearly links or associates that structure to the function recited in the claim." Id. The focus of the "corresponding structure" inquiry is not merely whether a structure is capable of performing the recited function, but rather whether the corresponding structure is "clearly linked or associated with the [recited] function." Id. The corresponding structure "must include all structure that actually performs the recited function." Default Proof Credit Card Sys. v. Home Depot U.S.A., Inc., 412 F.3d 1291, 1298 (Fed.Cir.2005). However, § 112 does not permit "incorporation of structure from the written description beyond that necessary to perform the claimed function." Micro Chem., Inc. v. Great Plains Chem. Co., 194 F.3d 1250, 1258 (Fed.Cir.1999).
For mean-plus-function limitations implemented by a programmed general purpose computer or microprocessor, the corresponding structure described in the patent specification must include an algorithm for performing the function. WMS Gaming Inc. v. Int'l Game Tech., 184 F.3d 1339, 1349 (Fed.Cir.1999). The corresponding structure is not a general purpose computer but rather the special purpose computer programmed to perform the disclosed algorithm. Aristocrat Techs. Austl. Pty Ltd. v. Int'l Game Tech., 521 F.3d 1328, 1333 (Fed.Cir.2008).
Patent claims must particularly point out and distinctly claim the subject matter regarded as the invention. 35
When a term of degree is used in a claim, "the court must determine whether the patent provides some standard for measuring that degree." Biosig Instruments, Inc. v. Nautilus, Inc., 783 F.3d 1374, 1378 (Fed.Cir.2015) (quotation marks omitted). Likewise, when a subjective term is used in a claim, "the court must determine whether the patent's specification supplies some standard for measuring the scope of the [term]." Datamize, LLC v. Plumtree Software, Inc., 417 F.3d 1342, 1351 (Fed.Cir.2005); accord Interval Licensing LLC v. AOL, Inc., 766 F.3d 1364, 1371 (Fed.Cir.2014) (citing Datamize, 417 F.3d at 1351).
In the context of a claim governed by 35 U.S.C. § 112, ¶ 6, the claim is invalid as indefinite if the claim fails to disclose adequate corresponding structure to perform the claimed functions. Williamson, 792 F.3d at 1351-52. The disclosure is inadequate when one of ordinary skill in the art "would be unable to recognize the structure in the specification and associate it with the corresponding function in the claim." Id. at 1352.
The parties have agreed to the following constructions set forth in their Joint Claim Construction Chart (Dkt. No. 62), as modified at the October 7, 2015 hearing:
Term 5 Agreed Construction "to thereof" "to the signal selected by the first selector" • '412 Patent Claim 1 "motion coefficient of picture" "one or more coefficients of motion of the picture to be displayed" • '412 Patent Claim 3 "processing" plain and ordinary meaning • '197 Patent Claims 25, 27, 29, 31, 33, 35 "video signal formats" "number of scan lines and whether the lines are progressive or interlaced" • '197 Patent Claims 25, 27, 29, 31, 33, 35 [Editor's Note: the preceding image contains the reference for footnote5
"video processing sub software programs" plain and ordinary meaning • '197 Patent Claims 31, 33, 35 "plurality of video processing sub software plain and ordinary meaning programs" • '197 Patent Claims 31, 33, 35 "when a rear surface of said projection plain and ordinary meaning portion is pushed" • '366 Patent Claim 3 "when a rear side of said display apparatus is plain and ordinary meaning pushed" • '366 Patent Claim 7 "not being connected" plain and ordinary meaning • '366 Patent Claim 1 "not to be connected" plain and ordinary meaning • '366 Patent Claim 5 "a magnitude of the first display zone" "a size of the first display zone" • '995 Patent Claim 1 "receiver means for receiving program-associated This term is governed by 35 U.S.C. § 112, ¶ 6. 6 information including a title, a start time, and an end time of a broadcastClaimed Function program together with a video signal and an • "receiving program-associated information audio signal" including at title, a start time, and an end time of a broadcast program together with • '995 Patent Claim 1 a video signal and an audio signal"Disclosed Structure • a receiver (118), and equivalents thereof [Editor's Note; The preceding image contains the refrence of footnote6
"decoder means for decoding the program-associated This term is governed by 35 U.S.C. § 112, ¶ 6 information from the received signal" Claimed Function • '995 Patent Claim 1 • "decoding the program-associated information from the received signal"Disclosed Structure • an information decoder (107), and equivalents thereof "display controller means for controlling the This term is governed by 35 U.S.C. § 112, ¶ 6. display screen based on the input signal"Claimed Function • '995 Patent Claim 1 • "controlling the display screen based on the input signal"Disclosed Structure • a display controller (109), and equivalents thereof "command receiver means for receiving an This term is governed by 35 U.S.C. § 112, ¶ 6. input signal from a remote controller or from a key or keys provided to a main body of theClaimed Function receiver apparatus" • '995 Patent Claim 1 • "receiving an input signal from a remote controller or from a key or keys provided to a main body of the receiver apparatus"Disclosed Structure • a command receiver (106), and equivalents thereof "data quantity comparator means for This term is governed by 35 U.S.C. § 112, ¶ 6. comparing a magnitude of the first display zone with a quantity of display data ..."Claimed Function • '995 Patent Claim 1 • "comparing a magnitude of the first display zone with a quantity of display data"Disclosed Structure • a comparator (112), and equivalents thereof
"display means for displaying the decoded This term is governed by 35 U.S.C. § 112, ¶ 6. program-associated information on a display screen" Claimed Function • '995 Patent Claim 1 • "displaying the decoded program-associated information on a display screen"Disclosed Structure • a television screen (105), and equivalents thereof" "a plurality of character strings" "two or more sets of letters, numbers, spaces, and/or punctuation marks" • '995 Patent Claim 1 "the character string" "one or more of the plurality of character strings" • '995 Patent Claim 1 "enabler/disabler" "a circuit that enables and disables an operation" • '713 Patent Claim 1 "enabler/disabler means for selectively This term is governed by 35 U.S.C. § 112, ¶ 6. preventing said user adjustment control means from adjusting at least said portions ofClaimed Function said displayed image containing said • "selectively preventing said user information image based on said control adjustment control means from adjusting at signal" least said portions of said displayed image containing said information image based • '713 Patent Claim 8 on said control signal"Disclosed Structure • (1) changeover switch 13, changeover switch 13b, short-circuiting switch 13c, or changeover switch 13d, and equivalents thereof; or (2) bypass circuit 15 together with changeover switch 13a, and equivalents thereof "said portions" in the phrase "adjusting at "each portion" least said portions of said displayed image containing said information image based on said control signal" • '713 Patent Claims 1, 8, 15
"detection means for detecting a portion of This term is governed by 35 U.S.C. § 112, ¶ 6. said displayed image containing said information image and outputting a control Claimed Function signal according to said detected portion" • "detecting a portion of said displayed image containing said information image • '713 Patent Claim 8 and outputting a control signal according to said detected portion"Disclosed Structure • a decoder (4 or 1206), an EPG processor (1204), a CPU (1220), or a separator (7c), and equivalents thereof "said displayed image" "the image to be displayed" • '713 Patent Claims 1, 8 "said selection menu" "said EPG or PPV selection menu" • '713 Patent Claims 6, 13, 20 "display means for selectably displaying at This term is governed by 35 U.S.C. § 112, ¶ 6. least two of: a picture image without an information image; said information imageClaimed Function without said picture image; and said picture • "selectably displaying at least two of a image simultaneously with said information picture image without an information image" image; said information image without said picture image; and said picture image • '713 Patent Claim 8 simultaneously with said information image"Disclosed Structure • a cathode ray tube (or CRT), a display, or a screen, and equivalents thereof "user adjustment control means for allowing This term is governed by 35 U.S.C. § 112, ¶ 6. user adjustment of an image quality of a displayed image"Claimed Function • "allowing user adjustment of an image • '713 Patent Claim 8 quality of a displayed image"Disclosed Structure • an adjusting section circuit (Ra) and an image quality adjusting circuit (7a), and equivalents thereof
"error-detection information" plain and ordinary meaning • '375 Patent Claim 1 "control signal information" "data used to control a recording or playback process" • '375 Patent Claim 31
Having reviewed the intrinsic and extrinsic evidence of record, the Court hereby adopts the parties' agreed constructions.
The parties' positions and the Court's analysis as to the disputed terms are presented below.
Disputed Term Plaintiff's Proposed Defendants' Proposed Construction Construction "input picture signal" "picture signal before format "video signal received from conversion" an input source" • '412 Patent Claims 1, 15, 17, 19
Plaintiff submits that the input picture signal is the signal that is inputted to the format-conversion circuit or process. Dkt. No. 53 at 14. Plaintiff argues that Defendants' proposed construction improperly focuses on the display apparatus as a whole, as opposed to the format-conversion circuit that is the subject invention of the `412 Patent. Id. at 14-15. According to Plaintiff, the patent consistently uses "input picture signal" to refer to the picture signal before it is processed by the format-conversion circuit, and does not use to the term to refer to the source signal. Id. at 15-17. Plaintiff argues that Defendants' proposed construction improperly threatens to exclude a preferred embodiment, in which the source signal undergoes pre-processing before being input into the format-conversion circuit. Id. at 17-19 (citing `412 Patent Figure 8 and accompanying description).
In addition to the claims themselves, Plaintiff cites the following
Defendants respond that the invention, and claims, of the `412 Patent are directed to receiving video signals from a variety of sources and processing the signal "so that it can be properly displayed on the picture output device." Dkt. No. 58 at 9-10. Defendants argue that Plaintiff's proposed construction is based on an improper restriction of the "format conversion" of the patent to conversion of the scanning method (e.g., interlaced scanning to progressive scanning). Id. at 12. According to Defendants, the "format conversion" of the patent includes "color space conversion" and "inverse gamma conversion." Id. And Defendants argue that Plaintiff's proposed
In addition to the claims themselves, Defendants cite the following
Plaintiff replies that the '412 Patent is directed specifically at converting the format of video signals, not simply processing signals from a variety of sources. Dkt. No. 60 at 6. Plaintiff further replies that contrary to Defendants' contention, Plaintiff's proposed construction does not exclude the source signals of Figure 18. Id. at 6-7. Rather, Plaintiff argues, those source signals are "picture signal[s] before format conversion." Id. at 7. And although the source signals undergo some pre-processing before being input into the format-conversion circuit, they do not undergo any format conversion until being processed by the format-conversion circuit. Id. Plaintiff also replies that the format conversion contemplated by the '412 Patent is scan conversion and scaling, and that the gamma and color conversion are part of the picture quality improvement that happens after the format of the input signal is converted. Id. Finally, Plaintiff argues that if Defendants' proposed construction requires raw source signal input into the format-conversion circuit, it will improperly exclude the embodiment of Figure 8, which describes processing of source signals before they are input into the format-conversion circuit labeled 49-1. Id. at 8.
Plaintiff cites further
The parties' dispute distills to whether "input picture signal" should be defined by the signal's source or its destination. The term is properly defined by its destination — the claimed format-conversion circuit or process to which the picture signal is an input.
The '412 Patent is directed to methods and circuits for taking a picture signal that is inputted into the method or circuit, and converting the format of the signal into a format compatible with a display device. '412 Patent col.1 ll.6-13. The patent describes several format-conversion signal-processing circuits, and their methods of operation. See, e.g., id. at col.6 l.19 — col.7 l.45 (describing Figure 1), col.16 l.46 — col.17 l.23 (describing Figure 9), col.20 ll.39-64 (describing Figure 13), col.22 l.63 — col.23 l.25 (describing Figure 17). Figure 1 is reproduced here and annotated by the Court. Each embodiment is designated as "a format conversion signal processing circuit" or "a format conversion circuit." Id. at col.6 ll.20-21, col.16 ll.47-48, col.20 ll.40-41, col.22 ll.64-65. In each of these embodiments an "input picture signal S1 (comprising component luminance and color difference signals ...) is inputted to [an element of the circuit]." Id. at col.6 ll.26-29 (in yellow in the annotated Figure 1), col.16 ll.57-60, col.20 ll.51-54, col.23 ll.12-15.
The '412 Patent consistently describes a signal entering a circuit, circuit element, or process as an "input" or "inputted" signal, independent of the ultimate source of such signal. See, e.g., id. at col.1 ll.39-44 ("format conversion is performed by signal processing and pictures are displayed by converting inputted signals of pictures, into signals of display formats of picture output devices"), col.7 ll.4-16 (describing a circuit element as having an "input side" and a circuit element that "inputs" a signal that is outputted from another element), col.9 ll.21-27 ("an input signal to the delay unit"), col.10 ll.25-31 ("an input signal to the memory unit"), col.15 ll.11-22 (describing a "signal ... inputted to a luminance processing unit" and a "signal ... inputted to a picture element interpolation unit"). That is, a signal is an input signal because it is inputted into a circuit, element, or process.
The format-conversion circuits of the '412 Patent are described with respect to the format of the "input picture signal," not with respect to the source of the "input picture signal." For example, the description of the first embodiment (Figure 1) includes a description of various formats of picture signal, namely interface scanning signals (TV) and progressive scanning signals (EDTV, PC, HDTV). Id. at col.6 ll.45-52. This discussion does not define the "input picture signal" by its source. Rather, it explains that the format-conversion signal processing is configured according to the input signal's format by using a format detector (0, in green in annotated Figure 1), a control unit (11, in cyan in annotated Figure 1), and a selector (4, in red in annotated Figure 1). Id. at col.6 ll.45-52, col.7 ll.27-43. Configuring the format-conversion processing according to the format of the input signal is further described with reference to Figures 21, 22, and 23. Id. at col.13 l.24 — col.15 l.10. In these figures, the "input signal" is identified according to its format, e.g., 525/60/2:1 (an "NTSC" signal), not according to its source. Id. The "input picture signal" is a picture signal that is inputted to the format-conversion circuit or process, regardless of the signal's source.
Defendants' argument that the embodiment of Figure 8 of the '412 Patent mandates that "input picture signal" refers to the signal received from a source is unpersuasive. Figure 8, reproduced here and annotated by the Court, depicts an example of a television receiver that has a format-conversion circuit. Id. at col.15 l.40 — col.16 l.45. The various sources of the signals received by the receiver are shown as: (1) a PC, (2) a terrestrial broadcast wave, (3) a package system (e.g., CD-ROM, video tape), (4) a satellite broadcast wave, and (5) a digital broadcast wave. Id. at col.15 l.47 — col.16 l.10. These sources are denoted using words distinct from the format-denoting words found elsewhere in the patent, such as in Figures 21, 22, and 23 and the accompanying description. Thus, while each source signal will necessarily be of some format, the signal's "source" and "format" should not be conflated as Defendants argue.
The source signals of Figure 8 are processed by various circuits (40-47, in green) before being output from the switcher (48) to the format-conversion circuits (49-1 and 49-2, in cyan). Id. at col.15 l.47 — col.16 l.21. This processing includes receiving the source signal and converting the signal to luminance and color signals through YC (luminance and color) separation, demodulation, or color space conversion. Id. The picture processing units (49-1 and 49-2, in cyan) each are the "format conversion signal processing circuit" of Figure 1 or, alternately, of Figure 9, 13, or 17. See id. at col.16 ll.12-21, col.16 ll.35-49, col.20 ll.39-41, col.22 ll.63-66. As set forth above, the input to the Figure 1 format-conversion circuit is the "input picture signal." Thus, the output of the switcher (48) in Figure 8 is the "input picture signal," irrespective of whether the source signals were received and processed before reaching the switcher. The Court agrees with Plaintiff that Defendants' construction, to the extent it is meant to define the "input picture signal" as the raw source signal, would exclude the Figure 8 embodiment. And a "construction that excludes a preferred embodiment is rarely, if ever, correct." C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 865 (Fed.Cir.2004).
Claim 14, reproduced here and annotated by the Court, further supports that the input picture signal is the picture signal inputted to the claimed format-conversion circuit or method. The claimed television receiver includes the circuit of Claim 1. And as discussed above, the circuit of Claim 1 converts the format of the "input picture signal." Claim 14 further includes a "picture output device" that displays the signal "outputted from" the format-conversion circuit of Claim 1. Thus, the format-conversion circuit has both an input and an output: the signal inputted to the circuit has its format converted according to the circuit of Claim 1 and the format-converted signal output from the circuit of Claim 1 is displayed on the output device. But there is nothing in Claim 14 that supports Defendants' position that the "input picture signal" must be that signal received from the picture source. In fact, such a construction would improperly read in limitations from the Figure 8 embodiment, namely the processing elements 40-47 by which the source signal is processed for input to the format-conversion circuit. The "input picture signal" is not defined by an input source, as Defendants' contend, it is defined by its destination, i.e., the claimed format-conversion circuit or method.
While the Court rejects Defendants' proposed construction, it also rejects Plaintiff's proposed construction. There is insufficient basis to conclude that "format conversion" or "converting the format" are restricted to scanning and scaling conversion, as Plaintiff argues. A patent's "specification and prosecution history only compel departure from the plain meaning [of a claim term] in two instances: lexicography and disavowal .... [and] the standards for finding lexicography and disavowal are exacting." See GE Lighting Solutions, LLC v. AgiLight, Inc., 750 F.3d 1304, 1308-09 (Fed.Cir.2014) (citing Thorner v. Sony Computer Entm't Am. LLC, 669 F.3d 1362, 1365 (Fed.Cir.2012)). "To act as its own lexicographer, a patentee must `clearly set forth a definition of the disputed claim term,' and `clearly express an intent to define the term.'" Id. (quoting Thorner, 669 F.3d at 1365). "Similarly, disavowal requires that `the specification or prosecution history make clear that the invention does not include a particular feature.'" (quotation modification marks omitted) (quoting SciMed Life Sys. Inc. v. Advanced Cardiovascular Sys., Inc., 242 F.3d 1337, 1341 (Fed.Cir.2001)). There is no lexicography or disavowal that supports Plaintiff's argued special definition of "format conversion" as scanning or scaling conversion.
Because there is nothing in the intrinsic evidence of record here that supports limiting the '412 Patent's format conversion to scanning or scaling conversion, Plaintiff's proposed construction limiting the "input picture signal" to "picture signals before format conversion" is improper. The preferred exemplary "input picture signal" is a "component signal[ ] ... comprising luminance signals and two color difference signals." '412 Patent col.3 ll.45-54, col.6 ll.26-29, col.16 ll.57-60, col.20 ll.51-54, col.23 ll.12-15. As described above, the exemplary television receiver of Figure 8 converts a received source signal to a luminance/color-difference component signal by, for example, a color space conversion. Id. at col.15 l.47 — col.16 l.21. While this is not a scanning or scaling format conversion (Plaintiff's argued understanding of "format conversion"), it is still a conversion of the format of the signal. So the patent describes an instance in which a signal undergoes some format conversion before entering the claimed format-conversion circuit or process — something that would fall outside the scope of the claims under Plaintiff's proposed construction. And a "construction that excludes a preferred embodiment is rarely, if ever, correct." C.R. Bard, 388 F.3d at 865.
Ultimately, neither party's proposed construction comports with the intrinsic evidence. The intrinsic evidence indicates that the "input picture signal" is the picture signal that enters the format-conversion circuit or process, regardless of the source of the signal or any processing, format conversion or otherwise, that the signal undergoes before entering the claimed format-conversion circuit or process. See Phillips v. AWH Corp., 415 F.3d 1303, 1316 (Fed.Cir.2005) (en banc) ("`The construction that stays true to the claim language and most naturally aligns
Accordingly, the Court construes "input picture signal" as follows:
Disputed Term Plaintiff's Proposed Defendants' Proposed Construction Construction "video processor sections" Plain meaning, no construction "segregated processor necessary. sections that can process a • '197 Patent Claims 25, video signal" 27, 29 "plurality of video two or more video processor "two or more segregated processor sections" sections processor sections that can process a video signal" • '197 Patent Claims 25, 27, 29
Because the parties' arguments and proposed constructions with respect to these terms are related, the Court addresses the terms together.
Plaintiff submits that "video processor sections" should be given its plain and ordinary meaning, as Defendants agreed in Hitachi Consumer Elecs. Co. v. Top Victory Elecs. (Taiwan) Co., et al., No. 2:10-cv-260-JRG (E.D.Tex.) (the "260 Action") — and as the Court there construed the term — with respect to patents related to the '197 Patent. Dkt. No. 53 at 19-20. Plaintiff further submits that the "plurality of" language does not affect or alter the Court's previous construction of "video processor sections." Id. at 19. Plaintiff argues that Defendants should be judicially estopped from arguing a position different than that which Defendants agreed to in the 260 Action, in which the Court construed "video processor sections" in U.S. Patents No. 6,549,243 and No. 7,889,281, both of which "share the same specification in all relevant respects" with the '197 Patent. Id. at 19-20. Plaintiff further argues that there is nothing in the intrinsic record of the '197 Patent that justifies straying from the Court's previous construction of "video processor sections." Id. at 20. Moreover, Plaintiff submits Defendants' proposed construction would improperly limit the claims to a single exemplary embodiment and ignore an exemplary embodiment in which the video processor sections are "separate" but are not necessarily "segregated." Id. at 21-22 (citing the separate encoders 141, 142, 143 of Figure 1 as the video processor sections).
In addition to the claims themselves, Plaintiff cites the following
Defendants respond that every exemplary embodiment described in the '197 Patent
In addition to the claims themselves, Defendants cite the following intrinsic and extrinsic evidence to support their position.
Plaintiff replies that Defendants' proposed construction is improper not only because it attempts to limit the claims to an exemplary embodiment, but also because it attempts to read in a segregated hardware requirement. Plaintiff argues the "segregated" embodiment describes segregation of hardware or software components. Dkt. No. 60 at 8-9. Plaintiff contends that "not a single embodiment is limited to a single chip having dedicated and segregated hardware components." Id. at 9. Plaintiff further replies that there was not a dispute over the plain and ordinary meaning in the 260 Action because Defendants characterized the dispute as one of infringement, not of claim scope. Id. at 10 (citing Defendants' Response to Plaintiff's Motion for Judgment as a Matter of Law, Hitachi Consumer Elecs. Co. v. Top Victory Elecs. (Taiwan) Co., et al., No. 2:10-cv-260-JRG, Dkt. No. 366 (E.D.Tex. May 31, 2013)).
Plaintiff's Reply cites further
The main dispute over these terms centers on the meaning of "section." The Court is not persuaded that the dispute over the meaning of "video processor sections" is resolved by simply stating that the term has its "plain and ordinary meaning." But the Court rejects Defendants' proposed construction because importing a "segregated" limitation is not justified. The parties agreed to the Court's construction at the October 7, 2015 hearing.
In the first exemplary video processor, the encoders labeled 141, 142, and 143 (colored in the annotated figure as cyan, red, and green respectively) are each configured to process a digital video signal of a specific type, to convert the digital video signal to an analog video signal for display. '197 Patent col.3 ll.20-30, col.3 ll.47-63. For example, encoder 141 (blue) converts an NTSC signal having 525 interlaced scanning lines, encoder 142(red) converts a progressive signal having 525 sequential scanning lines ("525P" signal), and encoder 143 (green) converts an HDTV signal having 1080 interlaced scanning lines. Id. The particular encoder that processes the digital video signal is a function of the signal's scanning method. Id. at col.2 ll.17-20, col.4 ll.21-42. The other encoders may be selectively enabled or disabled to reduce power consumption and heat generation from unnecessary operation of an encoder. Id. Therefore, the Court understands that the encoders 141, 142, and 143 are dedicated circuits each distinguishable from the others based on the video processing function it performs. See id. at col.4 l.67 — col.5 l.2 ("The embodiment of FIG. 3 differs from the embodiment of FIG.1 in that the configuration of the video encoder 14 is a singular circuit...."). These distinct encoder circuits are each "video processor sections." See, e.g., col.11 ll.24-26, col.11 ll.36-40.
In the second exemplary video processor, the encoder 14 is a single circuit "which versatilely permits processing of any of the NTSC signals, 525[P] signals or
The common trait to the embodiments of the "video processor sections" is not that they are necessarily hardware or that they are "segregated," but rather that they are distinguishable from other portions of the video processor by, for example, the processing function they perform. This comports with the ordinary meaning of "section." See, e.g., Encarta World English Dictionary 1620 (1999) (defining "section" as "a distinct part that can be separated or considered separately from the whole of something"). And it also comports with the claim language, "a plurality of video processor sections,
Defendants have not established that "video processor sections" includes a "segregated" limitation. "The patentee is free to choose a broad term and expect to obtain the full scope of its plain and ordinary meaning unless the patentee explicitly redefines the term or disavows its full scope." Thorner, 669 F.3d at 1367; see also GE Lighting Solutions, LLC v. AgiLight, Inc., 750 F.3d 1304, 1308-09 (Fed. Cir.2014) ("the specification and prosecution history only compel departure from the plain meaning in two instances: lexicography and disavowal" (citing Thorner, 669 F.3d at 1365)). And "the standards for finding lexicography and disavowal are exacting." GE Lighting, 750 F.3d at 1309. Defendants have not established either lexicography or disavowal by arguing that all the exemplary embodiments have "segregated" processor sections. See Phillips,
Accordingly, the Court construes the "video processor sections" terms as follows:
Disputed Term Plaintiff's Proposed Defendants' Proposed Construction Construction "a projection portion, being "a projection portion, being Indefinite disposed higher above a disposed higher above a surface of said power source surface of said power source board than a circuit element board than a circuit element of of said power source board said power source board and and not being connected not being connected with a with a member opposing to member opposing to the side a mounting side of said of said power source board on circuit element, is provided which said circuit element is on the surface of said power mounted, is provided on the source board where said surface of said power source circuit element is mounted" board where said circuit element is mounted" • '366 Patent Claim 1 "when a rear surface of said "when a rear surface of said Indefinite projection portion is pushed, projection portion is pushed, the circuit element of said the circuit element of said power source board is power source board is prevented from contacting prevented from contacting the the member positioned member positioned opposing opposing to the mounting to the side of said power side of said circuit element source board on which said by said projection portion" circuit element is mounted, by said projection portion" • '366 Patent Claim 3
"wherein the member "wherein the member Indefinite opposing to the mounting opposing to the side of said side of said circuit element power source board on which is a rear chassis of said said circuit element is mounted display panel" is a rear chassis of said display panel" • '366 Patent Claim 4 "wherein the member facing "wherein the member facing to Indefinite to the mounting side of said the side of said power source circuit element is a rear board on which said circuit chassis of said display element is mounted is a rear panel" chassis of said display panel" • '366 Patent Claims 8, 10
Because the parties' arguments and proposed constructions with respect to these terms are related, the Court addresses the terms together.
Plaintiff submits that given the context of the claim language and the entire specification of the '366 Patent, "mounting side" in the claims refers to the side of the circuit board on which the circuit elements are mounted. Dkt. No. 53 at 27, 30, 32. Plaintiff further submits that the patent examiner understood "mounting side" this way. Id. at 28-29. And Plaintiff argues that interpreting the "mounting side" as a side of a circuit element would be inconsistent with the specification and with the ordinary meaning of "mounting." Id. at 29. Plaintiff argues that the member opposing the side of the circuit element that is connected to the board is the board, so interpreting "mounting side" as the side of the circuit element would result in the claim nonsensically requiring the claims' "projection portion" be both connected and not connected with the board. Id.
In addition to the claims themselves, Plaintiff cites the following intrinsic and extrinsic evidence to support its position.
Defendants respond that the "mounting side" language renders the claims unworkable, and therefore indefinite. Dkt. No. 58 at 22, 25-27. According to Defendants, the claim language "mounting side of said circuit element" clearly refers to the side of the circuit element that is mounted to another component. Id. at 24. Defendants argue that the "member opposing to a mounting side of said circuit element" is the power supply board. Id. at 22-23. Thus, Defendants argue, the claim language unambiguously and nonsensically requires that the claims' "projection portion" is both "provided on the surface of the power supply board" and not "connected with" the power supply board. Id. at 23-25. Defendants further argue that construing "mounting side" as a surface of a board would eviscerate the distinction between Claim 1 and Claim 5, in violation of the doctrine of claim differentiation. Id. at 23-24. And Defendants argue that the
In addition to the claims themselves, Defendants cite the following
Plaintiff replies that it would be improper to construe "mounting side" as a side of a circuit element as Defendants advocate because doing so would exclude a preferred embodiment. Dkt. No. 60 at 13. Plaintiff further replies that that the doctrine of claim differentiation does not require Claim 5 and Claim 1 to have a different scope, especially when application of the doctrine would render a claim indefinite. Id. at 14-15. According to Plaintiff, in the course of prosecuting the application that issued as the '366 Patent, the patentee clarified that Claim 5 was added to "define the invention from a different perspective" and the patentee did not intend Claim 1 and Claim 5 to have the difference in scope that Defendants advocate. Id. And, Plaintiff argues, Claim 4's recitation of "wherein the member opposing to the mounting side of said circuit element is a rear chassis of said display panel" establishes that the "mounting side" is a surface of the power supply board. Id. at 14.
Plaintiff cites further
The parties' dispute expressly centers on the meaning of "mounting side of said circuit element" but resolution of the dispute hinges on the meanings of the terms "facing to" and "opposing to." The Court is not persuaded that the clear claim language "mounting side of said circuit element" should be rewritten as "mounting side of said power supply board" as Plaintiff argues. But neither is the Court persuaded by the parties' understanding of "opposing to" the mounting side, which understanding would render the claim self-contradictory, and indefinite.
The '366 Patent is directed to "thin" display apparatuses, such as liquid crystal displays and plasma displays. '366 Patent col.1 ll.12-16, col.2 ll.22-32. An exemplary embodiment of a display apparatus is shown in Figure 2, reproduced here and annotated by the Court. The apparatus is described as having a liquid crystal display (100) mounted to a frame (110, in cyan) that is in turn mounted to support members (600, in red). Id. at col.4 ll.22-28, col.4 ll.51-54, col.5 l.56 — col.6 l.12. The support members are described as attached to reinforcement portions (112) of the frame and "directing into the vertical direction (i.e., crossing a pair of reinforcement portions opposing to each other, which are formed on the outer periphery of the flange portion)." Id. at col.5 l.56 — col.6 l.12.
The patent further describes two circuit boards, namely, a signal board (500, in blue) and a power source board (510, in green). Id. at col.6 ll.37-47. These circuit boards are attached to the support members "within a narrow space ... on the rear surface side of [the] panel module." Id. An exemplary power source board, assembled as part of the display apparatus, is shown in Figure 5(c), reproduced here and annotated by the Court. Id. at col.7 ll.13-21. The power source board includes an insulated substrate (in green) and circuit elements (dashed-line boxes, in amber). Id. The circuit elements are described as "mounted" on the substrate (also referred to as the "board"). See, e.g., id. at Abstract, col.3 ll.30-31, col.7 ll.13-17. The power source board further includes pins (520 and 530, in magenta) that extend further from the surface of the insulated substrate than do the circuit elements. Id. at col.7 ll.21-43. The pins prevent the circuit elements from contacting the rear surface of the frame (110, in cyan), even if the substrate flexes toward the frame. Id.
The Court rejects Plaintiff's position that "mounting side of said circuit element" means "the side of said power source board on which said circuit element is mounted." The claim clearly states that the "mounting side" is "of said circuit element" — it does not state that it is the mounting side "of the board." Effectively, Plaintiff urges the Court to construe "circuit element" as "power source board" and "opposing to" as "facing to." The Court declines to do so.
The Court presumes that "mounting side of said circuit element" and "mounting side of said power source board" have different meaning. Courts "presume that the use of ... different terms in the claims connotes different meanings." CAE Screenplates, Inc. v. Heinrich Fiedler GmbH & Co. KG, 224 F.3d 1308, 1317 (Fed.Cir.2000). And given that Claim 5 uses the phrase "mounting surface of said power source board" to claim the mounting side of the board, the Court presumes that "mounting side of said circuit element" has a different meaning than "mounting surface of said power source board."
Further, the Court will not depart from the plain meaning of "mounting side of said circuit element" because there is no clear lexicography or disavowal that justifies interpreting "circuit element" as "power source board." GE Lighting Solutions, 750 F.3d at 1308-09; see also Thorner, 669 F.3d 1365-66 (requiring that the patentee "clearly express an intent to redefine the term" or to "deviate from the ordinary and accustomed meaning of a claim term"). Plaintiff has failed to present evidence sufficient to change "circuit element" in the phrase at issue to "power source board," or, more specifically, to rewrite "mounting side of said circuit element" to "mounting side of said power source board." Indeed, the patent distinguishes between "circuit element" and "power source board" in that the circuit element is mounted on the board. See, e.g., '366 Patent Abstract ("a projection portion ... is provided on the surface of the power source board where the circuit element is mounted").
Even if it were necessary to interpret "mounting side of said circuit element" as "mounting side of said power source board" to preserve the validity of the claims, the Court would decline to do so. As the Federal Circuit has explained:
Chef America, Inc. v. Lamb-Weston, Inc., 358 F.3d 1371, 1374 (Fed.Cir.2004) (quotation marks and citations omitted). The only reasonable interpretation of "mounting side of said circuit element" is that it refers to a side of the circuit element mounted on the power source board, not to a side of the of the power source board. And it refers to the side of the mounted circuit element that is nearest to the board.
But the Court does not understand the "mounting side of said circuit element" language to invalidate Claim 1 or any of its dependent claims, as Defendants contend. Specifically, the Court rejects the parties' position that Claim 1's "member opposing to a mounting side of said circuit element" is the power source board if the "mounting
The "opposing to" language of Claim 1 is best understood in contrast to the "facing to" language of Claim 5.
The member of Claim 5 is defined as "
In contrast to the language of Claim 5, the member of Claim 1 is defined as "
'366 Patent col.5 l.56 — col.6 l.1 (emphasis added). With reference to Figure 2, it is apparent that the reinforcement portions (112) crossed by the support members are on opposite sides of the frame (110, cyan in annotated Figure 2 above). That is, the reinforcement portions are
The Court's understanding of "opposing to" and "facing to" comports with other claim language and the description of the exemplary embodiments. For example, this allows the projection portion to be attached to the power source board and simultaneously not connected to the member. The board is distinct from the member — the mounting side of the circuit element faces the board, while the member is on the side of the circuit element that is opposite the mounting side of the circuit element. Similarly, the projection portion prevents the circuit element from contacting the member, as recited in Claim 3. And the member may be the rear chassis of the
That said, Claims 8 and 10 are problematic — and ultimately indefinite. Claim 8, which depends from Claim 5, recites: "The display apparatus according to claim 5, wherein
Claim 10, which depends from Claim 9, suffers from the same defect as Claim 8. Claim 10 recites "
Accordingly, the Court holds that Claims 8 and 10 are indefinite because the meaning of the language "the member facing to the mounting side of said circuit element is a rear chassis of said display panel" is not reasonably certain. The Court construes the remaining "mounting side" terms as follows:
Disputed Term Plaintiff's Proposed Defendants' Proposed Construction Construction "disposed in a horizontal "located along the display Indefinite direction relative to said panel in the horizontal display panel" direction" • '366 Patent Claim 1 "disposed in a horizontal "located along the display Indefinite direction of said display panel in the horizontal panel" direction" • '366 Patent Claim 5, 9
Because the parties' arguments and proposed constructions with respect to these terms are related, the Court addresses the terms together.
Plaintiff submits that in the context of the claims, these terms indicate that the "horizontal" direction is in relation to the display panel. Dkt. No. 53 at 34. And that this "horizontal" direction is perpendicular to the vertical direction defined by the flow of cooling air described in the patent. Id. at 34-35.
In addition to the claims themselves, Plaintiff cites the following intrinsic and extrinsic evidence to support its position.
Defendants respond that the meaning of "horizontal," as it is used in the patent to denote the disposition of the power source and signal boards relative to the display panel, is indefinite because the patent provides no guidance as to whether the boards "must be placed side by side, situated within a common plane, arranged parallel to the display panel, or otherwise aligned." Dkt. No. 58 at 18-19. Defendants further respond that because display panels may be rotated "to virtually any angle for display" there is no way to determine what is "horizontal" with respect to the display, and the claims are indefinite. Id. at 19-20. And Defendants argue that Plaintiff's proposed construction does nothing to clarify claim scope and should therefore be rejected. Id. at 21.
Plaintiff replies that, as set forth in its opening brief, the '366 Patent provides ample guidance as to the meaning of "horizontal" as a direction relative to the display panel. Dkt. No. 60 at 10. Plaintiff argues that Defendants ignore this guidance. Id. Plaintiff further responds that the '366 Patent states the patent's invention is applicable to televisions and that televisions have well-accepted orientation, with the long direction of the display oriented parallel to the floor — i.e., horizontally. Id. at 10-11. And Plaintiff argues that "horizontal" is also understood with respect to the patent's use of "vertical" to describe the direction that cooling air flows — it rises. Id. at 11. Finally, Plaintiff notes that the patent does not mention rotatable display, and that Defendants' hypothetical rotatable display falls within the scope of the claims because "it is capable
Plaintiff cites further
The dispute over the "horizontal" terms is whether one of ordinary skill in the art would understand-with reasonable certainty-whether something is disposed horizontally relative to the display panel. Defendants have not established by clear and convincing evidence that the "horizontal" terms render any claim invalid as indefinite. But the Court is not persuaded that Plaintiff's proposed construction clarifies the meaning of these terms.
The '366 Patent uses "horizontal" and "vertical" according to their ordinary meanings.
Thus, the claimed display apparatus has a "horizontal" dimension and a "vertical" dimension, as "horizontal" and "vertical" are commonly understood. And the signal board and power source board are "disposed in a horizontal direction relative to said display panel" or "disposed in a horizontal direction of said display panel" when they are located at different positions along the horizontal dimension of the display apparatus.
Accordingly, the Court determines that the "horizontal direction" terms do not render any claim of the '366 Patent indefinite and construes the "horizontal direction" terms as follows:
The Court holds that Claims 8 and 10 of the '366 Patent are invalid as indefinite