Free Claim Construction Chart - District Court of Delaware - Delaware

Case 1:04-cv-01443-GMS

Document 36

Filed 09/14/2005

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IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NATIONAL STARCH AND CHEMICAL INVESTMENT HOLDING CORPORATION, PENFORD AUSTRALIA LTD., and PENFORD HOLDINGS PTY, Plaintiffs, v. CARGILL, INC. and MGP INGREDIENTS, INC., Defendants. C.A. No. 04-1443-GMS

Joint Preliminary Claim Construction Chart Pursuant to the Court's Pretrial Scheduling Order in this matter and the Parties' September 12, 2005 joint stipulation and proposed order (D.I. 34), the Parties hereby submit the following claim chart to present their respective, proposed constructions of disputed claim terms in the two patents in suit, i.e. U.S. Patent Nos. 6,409,840 ("the `840 patent") and 5,977,454 ("the `454 patent").

U.S. Patent No. 6,409,840 B1 Illustrative Support for Proposed Constructions For Plaintiffs: "For the purposes of the description of the invention, the method by which amylose was determined is set out below." Col. 3, lns. 4-5; and see, e.g., cols. 3 & 4. For Defendants: "Interpreting the claims in light of the specification, the instant claims must be read as `...maize starch having an amylose content of more than 80%, as measured by colorimetric iodine analysis...'." Office Action from ` patent 840 prosecution dated July 13, 1998 at pp. 2-3. See also corresponding Office Action response of September 22, 1998.

Claims Claim Limitation Defendants' Proposed Construction amylose content measured by colorimetric iodine analysis

Case 1:04-cv-01443-GMS

1-5

Plaintiffs' Proposed Construction apparent amylose apparent amylose content content as determined in the patent

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U.S. Patent No. 5,977,454 Illustrative Support for Proposed Constructions For Plaintiffs: " For the purposes of the description of the invention, the method by which amylose was determined is set out below." Col. 3, lns. 6-7; and see, e.g., cols. 3 & 4.

Claims Claim Limitation Plaintiffs' Proposed Construction amylose content as determined in the patent Defendants' Proposed Construction amylose content measured by colorimetric iodine analysis

Case 1:04-cv-01443-GMS

1-7 and 10-13

amylose content

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For Defendants: " Interpreting the claims in light of the specification, the instant claims must be read as `... maize starch having an amylose content of more than 80%, as measured by colorimetric iodine analysis... ' ." Office Action from ` patent 840 prosecution dated July 13, 1998 at pp. 2-3. " The terms `amylose content' as recited in the patent and `apparent amylose content' as recited in the instant application are defined alike." Office Action from ` patent prosecution dated October 8, 2001. See 840 also corresponding Office Action responses of September 22, 1998 and February 8, 2002.

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Case 1:04-cv-01443-GMS

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Filed 09/14/2005

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Dated: September 14, 2005

YOUNG CONAWAY STARGATT & TAYLOR, LLP

By: /s/ Josy W. Ingersoll Josy W. Ingersoll (#1088) The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-6672 Attorneys for Plaintiffs National Starch and Chemical Investment Holding Corporation, Penford Australia Ltd., and Penford Holdings Pty.

FISH & RICHARDSON P.C.

By: /s/ Thomas L. Halkowski Thomas L. Halkowski (#4099) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Attorneys for Defendants Cargill, Inc. and MGP Ingredients, Inc.