Document 364
Filed 09/05/2008
Page 1 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 2 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 3 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 4 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 5 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 6 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 7 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 8 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 9 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 10 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 11 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 12 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 13 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 14 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 15 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 16 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 17 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 18 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 19 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 20 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 21 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 22 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 23 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 24 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 25 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364
Filed 09/05/2008
Page 26 of 26
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 1 of 23
Exhibit J
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 2 of 23
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MCKESSON AUTOMATION, INC., Plaintiff, v. SWISSLOG ITALIA S.P.A. and TRANSLOGIC CORPORATION, Defendants. ) ) ) ) ) ) ) ) ) )
C.A. No. 06-28 (SLR/LPS)
SECOND REVISED JOINT CLAIM CONSTRUCTION STATEMENT Pursuant to Magistrate Stark's Order in this case, dated June 5, 2008, Plaintiff and Defendants submit the following list of agreed upon and disputed claim terms or phrases appearing in the asserted claims of U.S. Patent Nos. 5,468,110 ("the `110 patent), and the 5,593,267 ("the `267 patent"). The parties agree that all claim terms not identified herein are not in dispute and, therefore, do not require construction. By proposing constructions for claim terms, agreeing with Plaintiff on constructions of claim terms, and/or accepting constructions of claim terms proposed by Plaintiff, Defendants do not waive and reserve all rights with respect to any invalidity contention outlined in Defendants' Fourth Revised Prior Art and Invalidity Statement, except that Defendants agree not to base any invalidity contention under 35 U.S.C. section 112 on the language of a construction of a claim term that was previously proposed by Plaintiff and accepted herein by Defendants. The parties filed their Joint Claim Construction Statement previously on June 16, 2008. Defendants believe that the recent Federal Circuit case of O2 Micro Int'l Ltd. v. Beyond Innovation Tech. Co. Ltd., 521 F.3d 1351 (Fed. Cir. April, 2008), attached hereto as Exhibit A, requires a Court to construe a disputed term even if the Court believes that the term should be
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 3 of 23
given its plain and ordinary meaning. For this reason, the parties have revised their constructions herein to provide the plain and ordinary meaning construction of terms that are in dispute and which were identified previously by at least one party as not requiring construction.
BLANK ROME LLP
MORRIS, NICHOLS ARSHT & TUNNELL LLP
/s/ Dale R. Dubé (#2863)
Dale R. Dubé (#2863) 1201 N. Market Street Suite 800 Wilmington, DE 19801 (302) 425-6400 [email protected] Attorneys for Plaintiff McKesson Automation, Inc. September 2, 2008
/s/ Julia Heaney (#3052)
Julia Heaney (#3052) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19801 (302) 351-9221 [email protected] Attorneys for Defendants Swisslog Italia S.p.A. and Translogic Corporation
-2-
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 4 of 23
U.S. PATENT NO 5,468,110 CLAIM TERM package holding means CLAIM 1, 8 AGREED UPON CONSTRUCTION The disclosed function is the holding of packages. The corresponding structures are the rods, brackets, shelves and dividers as disclosed at positions 30, 25, 29 and 31 of, e.g., FIG. 3-6, and col. 5, lines 10-19 and 25-40. The disclosed function is moving the automated picking means to the selected storage locations. The corresponding structure is a vehicle that travels over a track, and is driven by a drive system including a motor, as disclosed at col. 5, line 49 col. 6, line 2 and Fig. 6. The disclosed function is moving the picking means over the track. The corresponding structure is the drive system including a motor disclosed at col. 5, line 52-55 and FIG. 6.
means for moving the automated picking means to selected storage locations means for moving the picking means over the track
1
22
CLAIM TERM x,y coordinate/ x,y coordinate location
CLAIM 1, 8
PLAINTIFF'S PROPOSED CONSTRUCTION one or more points that designates the position of a package where the picking means selects, grabs and replaces packages.1
DEFENDANTS' PROPOSED CONSTRUCTION plain and ordinary meaning i.e., a location identifier "X,Y," in which X designates a position of the location along an X-Axis and Y designates a position of the location along a Y-Axis.2
1
During the meet and confer on June 12-13, 2008 regarding the Joint Claim Construction Statement, Plaintiff informed Defendants of its intention to remove two instances of the term "in a plane" from its construction of "x,y coordinate" and "x,y coordinate location." Defendants object to Plaintiff's change in construction of these terms at this juncture and after initial and rebuttal reports of the parties' technical experts have been served. Defendants have informed Plaintiff that they would also object to any attempt by Plaintiff to serve revised technical reports addressing these new constructions. On August 28, 2008 Defendants informed Plaintiff of their intention to add the term "X,Y" after the word "identifier" to their construction of the claim term "x,y coordinate" and "x,y coordinate location." Plaintiff objects to Defendants' change in construction of these terms after the close of expert discovery and the filing of the initial claim construction briefs. Plaintiff will also object to any attempts by Defendants to serve revised technical expert reports based on these new constructions.
2
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 5 of 23
CLAIM TERM picking means/automated picking means
CLAIM 1
package reader associated with the picking means
1
PLAINTIFF'S PROPOSED CONSTRUCTION The disclosed function is to hold packages and to select and place packages in the storage area locations. The corresponding structure is a device that includes a housing, a gripper, an extension rod and a storing rod as disclosed at col. 7, lines 57-64 and Fig. 7. a device that provides the identity of a package to the computer directing the picking means
DEFENDANTS' PROPOSED CONSTRUCTION Function: "to hold packages, to select packages from the storage area locations and place packages in the storage area locations in accordance with computer controlled instructions" Corresponding Structure: picking means 38 a package reader attached to the picking means
U.S. PATENT NO 5,593,267 CLAIM TERM means for moving the column with respect to the row means for storing a plurality of medicine packages/means for storing packages identifying means CLAIM 3 AGREED UPON CONSTRUCTION The disclosed function is the moving of the column with respect to the row. The corresponding structure is the drive system including a motor, as disclosed at col. 5, line 52 col. 6, line 5 and FIG. 6. The disclosed function is the storing of a plurality of medicine packages. The corresponding structure is a storage rod as disclosed at col. 8, lines 18-23 and Figs. 7-11. The disclosed function is the identification of a package. The corresponding structure is the bar code reader as disclosed at col. 5, line 66 col. 6, line 18. The disclosed function is the production of a suction. The corresponding structure is the vacuum generator as disclosed at col. 7, line 48 col. 8, line 7 and FIG. 11. The disclosed function is the sensing of a package. The corresponding structure is the vacuum sensor as disclosed at col. 7, line 48 col. 8, line 18 and FIG. 11.
4, 7
4
means for producing a suction means for sensing when a package is properly positioned
7 7
-2-
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 6 of 23
CLAIM TERM x, y coordinate location/x and y coordinate
CLAIM 1, 7
PLAINTIFF'S PROPOSED CONSTRUCTION one or more points that designates the position of a package where the picking means selects, grabs and replaces packages.3 The disclosed function is the picking of medicine packages from the support rods. The corresponding structure is a device that includes a housing, a gripper, an extension rod, and a storing rod as disclosed at col. 7, lines 57-64 and Fig. 7. The disclosed function is the obtaining of a medicine package. The corresponding structure is a device including a suction head, vacuum generator and an extension rod as disclosed at col. 7, line 60 col. 8, line 33 and FIGS. 7 and 11.
means for picking medicine packages from the support rods
1
DEFENDANTS' PROPOSED CONSTRUCTION plain and ordinary meaning i.e., a location identifier "X,Y," in which X designates a position of the location along an X-Axis and Y designates a position of the location along a Y-Axis.4 Function: "picking medicine packages from the support rods in accordance with instructions received from a computer" Corresponding Structure: Picking means 38
means for obtaining a medicine package/obtaining means
4
Function: "obtaining a medicine package" Corresponding Structure: obtaining means 50
3
During the meet and confer on June 12-13, 2008 regarding the Joint Claim Construction Statement, Plaintiff informed Defendants of its intention to remove two instances of the term "in a plane" from its construction of "x,y coordinate location" and "x and y coordinate." Defendants object to Plaintiff's change in construction of these terms at this juncture and after initial and rebuttal reports of the parties' technical experts have been served. Defendants have informed Plaintiff that they would also object to any attempt by Plaintiff to serve revised technical reports addressing these new constructions. On August 28, 2008 Defendants informed Plaintiff of their intention to add the term "X,Y" after the word "identifier" to their construction of the claim term "x,y coordinate location" and "x and y coordinate." Plaintiff objects to Defendants' change in construction of these terms after the close of expert discovery and the filing of the initial claim construction briefs. Plaintiff will also object to any attempts by Defendants to serve revised technical expert reports based on these new constructions.
4
-3-
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 7 of 23
CLAIM TERM picking means for picking packages from the support rods in accordance with instructions received from a computer
CLAIM 7
PLAINTIFF'S PROPOSED CONSTRUCTION 112 ¶6 construction not required. Plain and ordinary meaning i.e., a device having a housing, means for storing packages, means for producing a suction, a suction rod, and a means for sensing.
DEFENDANTS' PROPOSED CONSTRUCTION Function: "picking packages from the support rods in accordance with instructions received from a computer" Corresponding Structure: picking means 38.
2470891
-4-
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 8 of 23
CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on September 2, 2008 I electronically filed the foregoing with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Dale R. Dubé, Esquire Blank Rome LLP Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on September 2, 2008 upon the following individuals in the manner indicated BY E-MAIL Dale R. Dubé, Esquire Blank Rome LLP Chase Manhattan Centre 1201 Market Street, Suite 800 Wilmington, DE 19801 Blair M. Jacobs, Esquire Sutherland Asbill & Brennan LLP 1275 Pennsylvania Avenue, NW Washington, DC 20004
/s/ Julia Heaney (#3052)
Julia Heaney (#3052) [email protected]
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 9 of 23
EXHIBIT A
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 10 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 11 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 12 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 13 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 14 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 15 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 16 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 17 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 18 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 19 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 20 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 21 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 22 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-2
Filed 09/05/2008
Page 23 of 23
Case 1:06-cv-00028-SLR-LPS
Document 364-3
Filed 09/05/2008
Page 1 of 3
Exhibit K
cartesian coordinate - Definition from the Merriam-Webster Online Dictionary
Case 1:06-cv-00028-SLR-LPS
Document 364-3
Filed 09/05/2008
Page 2 of 3
q
Also Visit:
q
Unabridged
q
Encyclopedia Britannica
q
Visual
q
ESL:
q
Learner's
q
for Kids:
q
Spell It!
q
Word Central
Dictionary
Thesaurus
Spanish/English
Medical
Search "Cartesian coordinate" in: Home Visit Our Sites Premium Services Downloads Word of the Day Word Games Open Dictionary Spelling Bee Hive Word for the Wise Online Store Help About Us Main Entry: Cartesian coordinate Function: noun Date: 1887
1 : either of two coordinates that locate a point on a plane and measure its distance from either of two intersecting straight-line axes along a
Browse the Dictionary:
ABCDEFGHIJKLMNOPQRSTUVWX YZ#
cartesian coordinate
One entry found.
Cartesian coordinate
q q q q
Thesaurus Spanish/English Medical Dictionary Open Dictionary
Browse words next to:
q
Cartesian coordinate
line parallel to the other axis
2 : any of three coordinates that locate a point in space and measure its distance from any of three intersecting coordinate planes measured
Cartesian coordinate
parallel to that one of three straight-line axes that is the intersection of the other two planes
Learn more about "Cartesian coordinate" and related topics at Britannica.com See a map of "Cartesian coordinate" in the Visual Thesaurus
Find Jobs in Your City
Pronunciation Symbols
Share this entry: Link to this page:
Cartesian coordinate
Cite this page:
MLA Style "Cartesian coordinate." Merriam-Webster Online Dictionary. 2008.
http://www.merriam-webster.com/dictionary/cartesian%20coordinate (1 of 2)9/5/2008 10:42:34 AM
cartesian coordinate - Definition from the Merriam-Webster Online Dictionary
Merriam-Webster Online. 5 September 2008
Case 1:06-cv-00028-SLR-LPS
Document 364-3
Filed 09/05/2008
Page 3 of 3
APA Style Cartesian coordinate. (2008). In Merriam-Webster Online Dictionary. Retrieved September 5, 2008, from http://www.merriam-webster.com/dictionary/Cartesian coordinate
Products Premium Services Company Info Contact Us Advertising Info Privacy Policy
© 2008 Merriam-Webster, Incorporated
http://www.merriam-webster.com/dictionary/cartesian%20coordinate (2 of 2)9/5/2008 10:42:34 AM
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms