Free Claim Construction Chart - District Court of Delaware - Delaware

Case 1:06-cv-00738-SLR

Document 88

Filed 12/18/2007

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

FISH & RICHARDSON P.C. /S/ WILLIAM J. MARSDEN, JR. William J. Marsden, Jr. (#2247) 919 N. Market Street, Suite 1100 Wilmington, Delaware 19801 302-778-8401 [email protected] Attorneys for Defendant, Hewlett-Packard Company

1

Claim Term successively transforming

Polaroid's Claim Construction

Hewlett-Packard's Claim Construction

continuously enhancing

[Claims 1 and 7]

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.

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electronic information signals

[Claims 1 and 7] 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."

signal(s) providing luminance pixel information

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electronic image data received in a continuous stream of electronic information signals

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

[Claims 1 and 7]

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each signal having a value within a determinate dynamic range of values

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[Claims 1 and 7]

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

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

2

Claim Term

Polaroid's Claim Construction

Hewlett-Packard's Claim Construction

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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 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."

[Claim 1]

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.

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.

Document 88

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

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averaging

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."

taking an arithmetic mean of

[Claims 1 and 7]

3

Claim Term " average" should be construed to mean " of calculated intermediate value." an arithmetic mean No construction necessary. Alternatively: the average of the electronic information signals.

Polaroid's Claim Construction

Hewlett-Packard's Claim Construction

average

[Claims 1, 2, 7 and 8] average electronic information signal "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."

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[Claims 1, 2, 7 and 8]

Document 88

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

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

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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

(A

M -1)

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[Claim 1]

1 gamma based on the formula = ( + 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
4

Claim Term 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."


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

Hewlett-Packard's Claim Construction

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

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

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

"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."

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transfer function

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[Claims 1 and 7] dynamic range of the electronic information signals

The corresponding structure is an algorithm Yout = YMAX(Yin/YMAX) ZKHUH & (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

[Claim 1] ratio of the value of the average electronic

5

Claim Term

Polaroid's Claim Construction

Hewlett-Packard's Claim Construction

information signal to the dynamic range of the electronic information signals

[Claim 1]

dynamic range Not indefinite Not indefinite Not indefinite Not indefinite indefinite indefinite indefinite indefinite

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

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

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[All Claims] low scene light intensity levels

[Claims 2 and 8] lowest scene light intensity levels

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[Claims 2 and 8] high scene light intensity levels

[Claims 2 and 8] highest scene light intensity levels

[Claims 2 and 8]

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6

Claim Term Function: a control parameter Disclosed Structure: the control parameter C employed in the second combiner function within the gamma determining circuit and equivalents

Polaroid's Claim Construction

Hewlett-Packard's Claim Construction

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.

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[Claim 3]

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

Document 88

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. No construction is required. a control parameter

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determined constant

[Claim 9]

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areas of higher contrast

To the extent the court deems a construction necessary, "determined constant" should be construed to mean " chosen number." Not indefinite

indefinite

[Claims 3 and 9]

7

Claim Term This element should be construed as:

Polaroid's Claim Construction

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.

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

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[Claim 7]

Document 88

a select proportionate value of the dynamic range of the electronic information signals 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"

" 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."

any value within the determinate dynamic range of values, selected depending on where the least image enhancement is desired.

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[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.

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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[Claim 7]

8

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CERTIFICATE OF SERVICE I hereby certify that on December 17, 2007, I electronically filed with the Clerk of Court the foregoing Joint Claim Construction Statement using CM/ECF which will send electronic notification of such filing(s) to the following counsel: Jack B. Blumenfeld (#1014) Julie Heaney (#3052) Morris, Nichols, Arsht & Tunnell, LLP 1201 North Market Street Wilmington, DE 19899-1347 Phone: 302-658-9200 Fax: 302-658-3989 Emails: [email protected]; [email protected] Attorneys for Plaintiff and Counterclaim-Defendant Polaroid Corporation

In addition, service will be made on the following counsel of record as indicated: Via Electronic Mail Russell E. Levine, P.C./C. Graham Gerst Michelle W. Skinner/David W. Higer Maria A. Meginnes/Courtney Holohan/C. Beasley Kirkland & Ellis LLP 200 East Randolph Drive Chicago, IL 60601 Phone: 312-861-2000 Fax: 312-861-2200 Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Courtesy Copy Via Overnight Mail Michelle W. Jordan Kirkland & Ellis LLP 200 East Randolph Drive Chicago, IL 60601 Phone: 312-861-2000 Fax: 312-861-2200 /s/ William J. Marsden William J. Marsden, Jr. (#2247). Attorneys for Plaintiff and Counterclaim-Defendant Polaroid Corporation