Free Claim Construction Chart - District Court of Delaware - Delaware

Case 1:06-cv-00738-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POLAROID CORPORATION Plaintiff, v. HEWLETT-PACKARD COMPANY, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 06-738 (SLR)

JOINT CLAIM CONSTRUCTION STATEMENT CORRECTED
Pursuant to Paragraph 9 of the Amended Scheduling Order entered on September 6, 2007 plaintiff Polaroid Corporation ("Polaroid") and defendant Hewlett-Packard Company ("HP") submit this Joint Claim Construction Statement identifying for the Court the elements of the claims in U.S. Patent No. 4,829,381 that require construction, including each party's proposed constructions, and constructions to which the parties have agreed.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

FISH & RICHARDSON P.C.

/s/ Julia Heaney (#3052)
Jack B. Blumenfeld (#1014) Julia Heaney (#3052) 1201 N. Market Street Wilmington, Delaware 19801 (302) 658-9200 [email protected] Attorneys for Plaintiff, Polaroid Corporation December 20, 2007

/s/ William J. Marsden, Jr. (#2247)
William J. Marsden, Jr. (#2247) 919 N. Market Street, Suite 1100 Wilmington, DE 19801 [email protected] Attorneys for Defendant, Hewlett-Packard Company

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Claim Term continuously enhancing [Claims 1 and 7]

Polaroid's Claim Construction The preamble of claims 1 and 7 are not limitations because they merely state the purpose/intended use of the invention set out in the claim body. If the Court rules that the preamble is a limitation, "continuously enhancing" should be construed to mean "successively transforming." "electronic information signals" should be construed to mean "signals providing pixel information, such as color, luminance, or chrominance values." The preamble of claims 1 and 7 are not limitations because they merely state the purpose/intended use of the invention set out in the claim body. If the Court rules that the preamble is a limitation, the phrase "electronic image data received in a continuous stream of electronic information signals" should be construed to mean "electronic data received in a successive series of signals providing pixel information, such as color, luminance, or chrominance values." The preamble of claims 1 and 7 are not limitations because they merely state the purpose/intended use of the invention set out in the claim body. If the Court rules that the preamble is a limitation, the phrase "each signal having a

Hewlett-Packard's Claim Construction successively transforming

electronic information signals [Claims 1 and 7] electronic image data received in a continuous stream of electronic information signals [Claims 1 and 7]

signal(s) providing luminance pixel information

an uninterrupted stream of received luminance image data [pixels] defining an original image to be recorded

each signal having a value within a determinate dynamic range of values [Claims 1 and 7]

each received pixel has an associated luminance value that lies within a predetermined group of luminance values

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Claim Term

Polaroid's Claim Construction value within a determinate dynamic range of values" should be construed to mean "each signal being associated with a value that lies within a range of possible values bounded by definite limits." The function of this means-plus-function element is averaging electronic information signals corresponding to selected pluralities of pixels and providing an average electronic information signal for each said plurality of pixels so averaged. The terms used to describe the function should be construed as: "averaging" should be construed to mean "calculating an intermediate value for." "electronic information signals" should be construed to mean "signals providing pixel information, such as color, luminance, or chrominance values." "average electronic information signal" should be construed to mean "signal providing pixel information, such as a color, luminance, or chrominance value of calculated intermediate value." The corresponding structure is a low pass filter or block average and equivalents thereof. "averaging" should be construed to mean "calculating an intermediate value for."

Hewlett-Packard's Claim Construction

means for averaging electronic information signals corresponding to selected pluralities of pixels and providing an average electronic information signal for each said plurality of pixels so averaged [Claim 1] This claim element is a means-plusfunction element under 35 U.S.C. § 112, ¶ 6.

Function: providing an average for selected pixel values around one pixel, where the average is correlated to each pixel making up the average. Disclosed Structure: a block averager 12 with a buffer memory that takes luminance as an input and outputs an average luminance value that is correlated to each pixel in the block, and equivalents thereof.

averaging [Claims 1 and 7]

taking an arithmetic mean of or

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Claim Term average [Claims 1, 2, 7 and 8] average electronic information signal [Claims 1, 2, 7 and 8]

Polaroid's Claim Construction "average" should be construed to mean "of calculated intermediate value." "average electronic information signal" should be construed to mean "signal providing pixel information, such as a color, luminance, or chrominance value of calculated intermediate value." The function of this means-plus-function element is selecting one of a plurality of different transfer functions for the electronic information signal for each of the succeeding pixels and for subsequently transforming the electronic information signal corresponding to each pixel by the transfer function selected for that pixel wherein said selecting and transforming means further operates to select said transfer function as a function of the ratio of the value of the average electronic information signal to the dynamic range of the electronic information signals such that the ratio increases in correspondence with the increase in the value of the average electronic information signal. The terms used to describe the function should be construed as: "transfer function" should be construed to mean "function that transforms an input signal." "electronic information signal" should be construed to mean "signal providing pixel information, such as a color, luminance, or

Hewlett-Packard's Claim Construction an arithmetic mean No construction necessary. Alternatively: the average of the electronic information signals.

means for selecting one of a plurality of different transfer functions for the electronic information signal for each of the succeeding pixels in a manner whereby each transfer function is selected as a function of the electronic information signal for one pixel and the average electronic information signal for the select plurality of pixels containing said one pixel and for subsequently transforming the electronic information signal corresponding to each pixel by the transfer function selected for that pixel wherein said selecting and transforming means further operates to select said transfer function as a function of the ratio of the value of the average electronic information signal to the dynamic range of the electronic information signals such that the ratio increases in correspondence with the increase in the value of the average electronic information signal [Claim 1]

Function: selecting a transfer function for each incoming pixel based on the pixel value and its corresponding average electronic information signal, and based on the result of dividing a first existing data value representing the average electronic information signal by a second existing data value representing the dynamic range of the average electronic information signals. Disclosed Structure: none (indefinite), alternatively: a gamma determining circuit 14 containing a multiplier circuit 18, a combining circuit 20, a second combiner circuit 22, a log circuit 24, a multiplier circuit 26 and a antilogarithmic determining circuit 28 ­ all arranged according to Fig 4, which computes gamma based on the formula g = (1 + C ) v , where Av is average luminance of the input, C is a constant and M equals one half of the dynamic range. and the transfer function imposing circuit 16 containing a logarithm determining circuit 30, a combiner circuit 32, a multiplier circuit 34, a
(A
M -1)

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Claim Term This claim element is a means-plusfunction element under 35 U.S.C. § 112, ¶ 6.

Polaroid's Claim Construction chrominance value." "ratio of the value of the average electronic information signal to the dynamic range of the electronic information signals" should be construed as "ratio of that calculated intermediate value over a value that lies within the range of possible values." "average electronic information signal" should be construed to mean "signal providing pixel information, such as a color, luminance, or chrominance value of calculated intermediate value."

Hewlett-Packard's Claim Construction second combiner circuit 36 and an antilogarithm determining circuit 38 ­ all arranged according to Fig 4, which computes an output luminance:

YOut = YMax (YIn YMax ) , where YOut is the
g

output luminance value, YMax is the maximum value in the dynamic range (255), YIn is the input pixel value, and g is the "means for selecting a transfer function" and equivalents.

transfer function [Claims 1 and 7] dynamic range of the electronic information signals [Claim 1] ratio of the value of the average electronic

The corresponding structure is an algorithm Yout = YMAX(Yin/YMAX), where = (1 + C)(Av/M 1) , where Yout is the transformed signal providing pixel information, such as a color, luminance, or chrominance value, YMAX is the highest value of the dynamic range, Yin is the input signal providing pixel information, such as a color, luminance, or chrominance value, C is a chosen number, Av is a calculated intermediate value, and M is any value within the dynamic range, and equivalents thereof. function that transforms an input signal (the parties agree) "dynamic range of the electronic information signals" should be construed to mean "value that lies within the range of possible values." "ratio of the value of the average electronic an integer representing the number of possible pixel values; for an 8-bit system, 256 No construction necessary. Alternatively: the

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Claim Term information signal to the dynamic range of the electronic information signals [Claim 1] dynamic range [All Claims] low scene light intensity levels [Claims 2 and 8] lowest scene light intensity levels [Claims 2 and 8] high scene light intensity levels [Claims 2 and 8] highest scene light intensity levels [Claims 2 and 8]

Polaroid's Claim Construction information signal to the dynamic range of the electronic information signals" should be construed as "ratio of that calculated intermediate value over a value that lies within the range of possible values." Not indefinite Not indefinite Not indefinite Not indefinite Not indefinite

Hewlett-Packard's Claim Construction result of dividing a first existing data value representing the average electronic information signal by a second existing data value representing the dynamic range of the average electronic information signals indefinite indefinite indefinite indefinite indefinite

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Claim Term wherein said selecting and transforming means further operates to select said transfer function as a function of a determined constant whose value corresponds to the amount of contrast provided in those areas of higher contrast provided by said select transfer function. [Claim 3] This claim element is a means-plusfunction element under 35 U.S.C. § 112, ¶ 6.

Polaroid's Claim Construction The function of this means-plus-function element is selecting one of a plurality of different transfer functions for the electronic information signal for each of the succeeding pixels and for subsequently transforming the electronic information signal corresponding to each pixel by the transfer function selected for that pixel wherein said selecting and transforming means further operates to select said transfer function as a function of the ratio of the value of the average electronic information signal to the dynamic range of the electronic information signals such that the ratio increases in correspondence with the increase in the value of the average electronic information signal, said selecting and transforming means further operates to select said transfer function as a function of a determined constant whose value corresponds to the amount of contrast provided in those areas of higher contrast provided by said select transfer function. The corresponding structure is a chosen number, C, and equivalents thereof.

Hewlett-Packard's Claim Construction Function: a control parameter Disclosed Structure: the control parameter C employed in the second combiner function within the gamma determining circuit and equivalents

determined constant [Claim 9] areas of higher contrast [Claims 3 and 9]

No construction is required. To the extent the court deems a construction necessary, "determined constant" should be construed to mean "chosen number." Not indefinite

a control parameter

indefinite

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Claim Term selecting one of a plurality of different transfer functions for the electronic information signal for each of the plurality of succeeding pixels in a manner whereby each transfer function is selected as a function of the electronic information signal for one pixel and the average electronic information signal for the select plurality of pixels containing said one pixel [Claim 7] a select proportionate value of the dynamic range of the electronic information signals [Claim 7] transforming the electronic information signal corresponding to each pixel by the transfer function selected for that pixel wherein said transfer function is selected further as a function of the ratio of the value of the average electronic information signal to a select proportionate value of the dynamic range of the electronic information signals such that the ratio increases in correspondence with the increase in the value of the average electronic information signal. [Claim 7]

Polaroid's Claim Construction This element should be construed as: "selecting one of a plurality of different transfer functions for the signal providing pixel information, such as a color, luminance, or chrominance value for each of the plurality of succeeding pixels in a manner whereby each transfer function is selected as a function of the signal providing pixel information, such as a color, luminance, or chrominance value for one pixel and the calculated intermediate value for the select plurality of pixels containing said one pixel" "select proportionate value within the dynamic range" should be construed to mean "value within the range of possible values." This element should be construed as: "transforming the signal providing pixel information, such as a color, luminance, or chrominance value corresponding to each pixel by the transfer function selected for that pixel wherein said transfer function is selected further as a function of the ratio of that calculated intermediate value over a value that lies within a range bounded by definite limits such that the ratio increases in correspondence with the increase in the value of the calculated intermediate value"

Hewlett-Packard's Claim Construction each input pixel has an associated transfer function out of different transfer functions, and the transfer function is selected based on the input pixel value, and the average that was formed using the input pixel value, where each input pixel is part of only one average.

any value within the determinate dynamic range of values, selected depending on where the least image enhancement is desired. each input pixel value that has been part of the averaging step is altered based on the corresponding average electronic information signal to which it is associated and based on the result of dividing a first existing data value representing the average electronic information signal by a second existing data value representing a select proportionate value of the dynamic range of the average electronic information signals.

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on December 20, 2007, I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: William J. Marsden, Jr. FISH & RICHARDSON P.C. I also certify that copies were caused to be served on December 20, 2007 upon the following in the manner indicated: BY E-MAIL William J. Marsden, Jr. FISH & RICHARDSON P.C. 919 N. Market Street, Suite 1100 Wilmington, DE 19801 Matthew Bernstein John E. Giust FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Bradley Coburn FISH & RICHARDSON P.C. One Congress Plaza, Suite 810 111 Congress Avenue Austin, TX 78701 Daniel Winston CHOATE HALL & STEWART, LLP Two International Place Boston, MA 02110

/s/ Julia Heaney (#3052)
Julia Heaney (#3052)