Free Order - District Court of Delaware - Delaware

Case 1:06-cv-00762-JJF Document 30 Filed O9/18/2007 Paget of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LIPPERT COMPONENTS, INC., )
Plaintiff, )
v. ) C.A. N0. 06-762-JJF
DEXTER CHASSIS GROUP, INC., )
Defendant. )
STIPULATED ORDER CONCERNING THE
CONSTRUCTION OF UNDISPUTED CLAIM TERMS
At Wilmington, this lg day of P ~;»2007, pursuant to stipulation of the parties
as to the proper construction of certain terms appearing in the claims of United States Patent
No. 5,791,715 ("the ‘7l5 patent"),
IT IS HEREBY ORDERED that for the purposes of the United States Patent at issue in
this case, the following terms and phrases are construed as follows:
I. The phrase "means mounted proximate a first end of said stationary member for
engaging the upper surface of the sill of the slide-out room opening and supporting said first end
of said stationary member thereby" as used in claims I, 17 and 18 of the *715 patent, is a means-
plus-function limitation that shall be construed under 35 U.S.C. § 112, 1] 6. The phrase shall
interpreted to require structure that performs the following function: "engaging the upper surface
of the sill of the slide-out room opening and supporting said first end of said stationary member
thereby." The phrase further requires that these functions be performed by one of the following
structures: "a threshold or support bracket that comprises (1) a web having an outer lip and a
depending leg, as shown in Figure 6; or (2) a tiange; or (3) an angle iron; or equivalents thereof"

Case 1:06-cv-00762-JJF Document 30 Filed O9/18/2007 Page 2 of 2
2. The phrases “drive means secured to said stationary member for slidably
advancing said moveable member relative to said stationary member" and "drive means secured
to said stationary member for slidably advancing said moveable member relative to said rail" as
used in claims 3 and 9 of the ‘7 15 patent, are means-plus-function limitations that shall be
construed under 35 U.S.C. § 112, il 6. The phrases shall be interpreted to require structure that
performs the following function: "slidably advancing said moveable member relative to said
stationary member/rail." The phrases further require that this function be performed by one of
the following structures: "secured to the stationary member/rail, one of the following: (1) an
electric motor, transmission, drive shaft assembly, spur gears and rack gears; or (2) a hydraulic
piston; or (3) a chain drive; or (4) a screw gear; or (5) a scissor jack; or (6) manual force; or
equivalents thereof"
3. The terms "threshold bracket" and "support bracket" as used in the claims of the
‘7l5 patent, are synonymous, and shall otherwise receive their plain and ordinary meaning
without requiring further interpretation by the Court.
4. The term "rail" as used in the claims of the ‘7l5 patent, means "tubing or bar
shaped St1'l.lClUIC.”
` ac { 5** ~· - !
it ‘ A- .. DISTRICTJ GE
l23469S