CIV. NO. 06-417-JLS (NLS).
After the Markman hearing on Plaintiff's patent, the case was transferred to another District Judge in preparation for the undersigned's retirement. In the interest of judicial economy, the Court heard the related motion to correct Figure 8, with the resulting amendment to the Claim Construction Order on Plaintiff's `416 Patent.
December 5, 2007
ORDER GRANTING JOINT MOTION TO CORRECT ISSUING AN AMENDED CLAIM CONSTRUCTION ORDER FOR UNITED STATES PATENT NUMBER 5,452,416 [Doc. No. 249]
RUDI BREWSTER, Senior District Judge
On October 2, 2007, the Court issued the Markman Order on the Plaintiff's United States Patent No. 5,452,416 (`416 Patent). [# 236] By separate Order, the Court granted Plaintiff's motion to correct Figure 8 in the `416 Patent. The Court issues this amended Claim Construction Order to reflect that change (by deleting the asterisk from Page 8 that had marked that correction point in Claim 5).
In addition, the parties filed a joint motion to correct clerical errors in the October 2, 2007 Markman Order. [# 249] The Court has reviewed the helpful, red-lined version of their proposed changes that was submitted directly to chambers. Some of the corrections are traditional clerical errors, and the Court has made those corrections. Other changes indicate that the parties have agreed to define additional terms or to modify and clarify the definitions of certain phrases. The Court approves these stipulated alterations and has incorporated the requested changes into this Amended Claim Construction Order.
Pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), the Court conducted hearings on February 27-28, June 12-13, and September 24-25, 2007 regarding the construction of the disputed claims in Plaintiff DR Systems, Inc.'s United States Patent Number 5,452,416 (`416).
At the Markman hearing, the Court, with the assistance of the parties, analyzed the claim terms in order to prepare jury instructions interpreting the pertinent claims at issue in the `416 patent. Additionally, the Court prepared a case glossary for terms found in the claims and specification for the `416 patent considered to be technical in nature which a jury of laypersons might not understand clearly without a specific definition.
After careful consideration of the parties' arguments and the applicable statutes and case law, the Court HEREBY CONSTRUES the claims in dispute for the `416 patent and ISSUES the relevant jury instructions as written in Exhibit A, attached hereto. Further, the Court HEREBY DEFINES all pertinent technical terms as written in Exhibit B, attached hereto.
IT IS SO ORDERED
EXHIBIT A UNITED STATES PATENT NUMBER 5,452,416 — CLAIM CHART
All terms appearing in bold face type have been construed by the Court and appear with their definitions in the glossary in Exhibit B. The definition for each construed term appears in within brackets and in italics after its first use in the patent. Thereafter, a term that has previously been defined appears in bold type face and is also underlined.
VERBATIM CLAIM LANGUAGE COURT'S CONSTRUCTION Claim 1 means for displaying at least one display container bounded area or window in which images are presented including a display area a space within a display container in which the anatomical images may be viewed subdivided into a plurality two or more of presentation areas an area in which a single image is presented at a time in a predetermined array a two-dimensional layout of presentation areas (e.g. 2X2 or 4X5) determined beforehand This is a means- plus-function limitation. The function is displaying at least one display container including a display area subdivided into a plurality of presentation areas in a predetermined array. The corresponding structure is a display monitor. means for storing an image database a collection including stored image files, physician data tables, and indices that enables storage and retrieval of images including a plurality of images of anatomical structures, the images being separated into a plurality of image groups assigning images a file name that is specific to a particular image group one or more image series obtained during an examination This is a means-plus- function limitation. The function is storing an image database including a plurality of images of anatomical structures, the images being separated into a plurality of image groups. The corresponding structure is a storage device. image group indexed one piece of information used to locate other information unique group identification identification of a particular image group for a specific patient to the exclusion of all other image groups image group each image series being ordered by assignment to each image in the image series of a numerical position in a respective monotonically changing sequence each image in a collection of images in an image series is assigned a numerical value representing its order in the sequence physician data tables data tables organized by referring and diagnosing physician that contain preferences for each respective physician indexes values in a database used to locate information at another location unique group identifications physician identifiers information associated with a particular physician to the exclusion of all other physicians entries information input into a field output functions an action to be carried out by a program to control presentation of images in an image group to a physician according to preprogrammed output preferences displaying formats for each diagnosing physician, predetermined settings for the display on the monitor of all image series including, for example, mode, layout, size, and coupling of images means for receiving a physician identifier This is a means-plus-function limitation. The function is to receive the physician identifier. The corresponding structure is a trackball mechanism, keyboard, user interface 14a, screen driver 14b. means for receiving a group identification This is a means-plus- function limitation. The function is to receive the group identification. The corresponding structure is a trackball mechanism, keyboard, user interface 14a, screen driver 14b. means connected to the means for receiving , to the means for storing an image database and to the means for displaying at least one display container and responsive to a physician identifier and to a group identification for retrieving at least one image series of an image group indexed by the group identification and for displaying the at least one image series in one or more presentation areas of the plurality of presentation areas in a display format contained in the physician data tables This is a means-plus-function limitation. The function is to retrieve at least one image series of an image group indexed by the group identification and to display the at least one image series in one or more presentation areas of the plurality of presentation areas in a display format contained in the physician data tables. The corresponding structure is the algorithm described at Figure 7 (except 83); col. 9, line 44 through col. 10, line 13 running on a computer with video card as described in col. 6, lines 3 — 5. means for providing an output from the system according to an output function specified in the physician data tables This is a means-plus-function limitation. The function is to provide an output from the system according to an output function specified in the physician data tables. The corresponding structure is a computer, physician data tables as shown in Figure 6 (such as, for example, boxes 52 and 63), an algorithm associated with either the DONE, CHANGE SERIES, PRINT, NEXT, and/or PREVIOUS functions identified at col. 11, lines 7 — 47 and Figure 8 (box 92 and box below, box 96 and box below), Figure 10 (box 113 and box below, box 118 and box below). Claim 2 physician data tables entry information input into a field monitor mode an image series is presented in the order of its respective sequence in a single respective display container such that each presentation area of the single respective display container includes no more than one image series mode each image series is presented one image at a time in the order of its respective sequence in a single respective presentation area of the plurality of presentation areas means for retrieving and displaying means for ordering the display Function and structure here below display container display container presentation area display container monitor mode This is a means-plus- function limitation. The function is ordering the display of the at least one image series in response to mode specification. The corresponding structure is a computer performing the algorithm steps of boxes 81, 82 in Figure 7 and col. 6, line 61 through col. 7, line 5; col. 7, lines 41-44. presentation area plurality presentation areas series mode Claim 3 means for synchronizing the presentation of each image series This is a means- plus-function limitation. The function is synchronizing the presentation of each image series of two or more image series such that whenever the display of one image series of the two or more image series is changed to display a next image in the order of its respective sequence, each other image series of the two or more image series is correspondingly changed. The corresponding structure is computer program implementing the algorithms described at boxes 110, 111, 112 and box below of Figure 10 and Col. 13, line 57 through col. 14, line 8. Claim 5 means for displaying a palette display container the display container provided to receive and reproduce images which are selected from another display container. This is a means-plus-function limitation. The function is displaying a palette display container on the one or more display monitors. The corresponding structure is computer program implementing Figure 7, block 83 palette display container plurality presentation areas means for selecting an image of an image series displayed in the at least one display container and reproducing the selected image in a presentation area of the palette display container . This is a means-plus-function limitation. The function is selecting an image of an image series displayed in the at least one display container and reproducing the selected image in a presentation area of the palette display container. The corresponding structure is trackball mechanism 16; keyboard 22; screen driver 14b; user interface 14a; image subsystem 14c; computer program implementing blocks 93- 94a depicted in Figure 8; col. 12:31-58.] Claim 6 A method for presenting images of anatomical structure for examination by a diagnosing physician a method used by a diagnosing physician for examination of medical images display container plurality presentation areas storage subsystem storage device that stores information image database plurality means connected to the storage subsystem and to the at least one display container for retrieving images from the image database and displaying retrieved images in the at least one display container This is a means-plus-function limitation. The function is retrieving images from the image database and displaying retrieved images in the at least one display container. The structure is the algorithm described at Figure 7 (except 83); col. 9, line 44 through col. 10, line 13 running on a computer with video card as described in col. 6, lines 3-5. plurality image database separating the plurality of images into image groups assigning images a file name that is specific to a particular image group image group unique group identification image group each image series being ordered by assignment to each image in the image series of a numerical position in a respective monotonically changing sequence storage subsystem plurality physician identifiers indexed identifier fields a location in a data table output preferences settings specifying a physician's preferred choice storage subsystem plurality physician identifiers physician identifier fields format preferences prespecified number and arrangement of presentation areas in which a diagnosing physician prefers all image series be viewed mode preferences prespecified settings that determine whether a physician prefers all image series be displayed in monitor or series mode physician identifier physician identifier image group indexed presentation areas plurality presentation areas format preference fields physician identifier outputting images transferring images from a diagnosing physician to a referring physician output preferences physician identifier indexed A system for presenting images of A system for presenting images of anatomical structure for examination by a anatomical structure for examination by a diagnosing physician, including: diagnosing physician, including: means including one or more display including one or more display monitors for displaying at least one monitors display container including a display area [a subdivided into a plurality of presentation ] areas in a predetermined array; [ ] [] [ ] [ ] [ ]; means for storing an image database [ including a plurality of images of anatomical structures, the images being separated into a plurality of image groups, ] in which: [ [ ]] [ ], in which: each image group is indexed by a unique each is [ group identification; and ] by a [ ]; and each image group is partitioned into one each is partitioned into one or or more ordered image series, each more ordered image series, each ordered ordered image series including a image series including a succession of succession of images which illustrate images which illustrate incrementally incrementally registered aspects of an registered aspects of an anatomical target, anatomical target, each image series being ordered by assignment to each image in the image series of a numerical position in a respective monotonically changing sequence; and [ ]; and physician data tables are stored with [ indexes to unique group identifications and to physician identifiers and including entries specifying output functions and ] are stored with displaying formats; [ ] to and to [ ] and including [] specifying [ ] and [ ]; means for receiving a physician identifier; [ ]; means for receiving a group identification; [ ]; means connected to the means for receiving, to the means for storing an image database and to the means for displaying at least one display container and responsive to a physician identifier and to a group identification for retrieving at least one image series of an image group indexed by the group identification and for displaying the at least one image series in one or more presentation areas of the plurality of presentation areas in a display format contained in the physician data tables; and [ ]; and means for providing an output from the system according to an output function specified in the physician data tables. [ ]. The system of claim 1, wherein: The system of claim 1, wherein: the physician data tables include at least the include at least one entry specifying a mode of image one [] series presentation, in which a first mode specifying a mode of image series is a monitor mode and a second mode is a presentation, in which a first mode is a series mode; and [ ] and a second mode is a [ ]; and the means for retrieving and displaying the including means for ordering the display including of the at least one image series in response [] of the to mode specification by: at least one image series in response to mode specification by: displaying each image series of the at least displaying each image series of the at least one image series in the order of its one image series in the order of its respective sequence in a single respective respective sequence in a single respective display container in the at least one in the at least one display container such that each such that each presentation area of the single respective of the single respective display container includes no more than includes no more than one image, in response to designation of one image, in response to designation of the the monitor mode; and ; and [ ] displaying each image series of the at least displaying each image series of the at least one image series one image at the time in one image series one image at the time in the order of its respective sequence in a the order of its respective sequence in a single respective presentation area of the single respective of the plurality of presentation areas, in response of , in to designation of the series mode. response to designation of the . The system of claim 2, further including The system of claim 2, further including means for synchronizing the presentation of each image series of two or more image [ series such that whenever the display of one image series of the two or more image series is changed to display a next image in the order of its respective sequence, each other image series of the two or more image series is correspondingly changed by the means for retrieving and displaying. ] of two or more image series such that whenever the display of one image series of the two or more image series is changed to display a next image in the order of its respective sequence, each other image series of the two or more image series is correspondingly changed by the means for retrieving and displaying. The system of claim 1, further including: The system of claim 1, further including: means for displaying a palette display container on the one or more display [ monitors, the palette display container for presenting a plurality of presentation areas ] in an array; and [ ] on the one or more display monitors, the for presenting a of in an array; and means for selecting an image of an image series displayed in the at least one display container and reproducing the selected image in a presentation area of the palette display container. [ A method for presenting images of anatomical structure for examination by a diagnosing physician, the method being [ executed on a computer display system having: ], the method being executed on a computer display system having: a display for displaying at least one a display for displaying at least one display container subdivided into a subdivided into a of plurality of presentation areas in a in a predetermined predetermined array; array; a storage subsystem for storing an image a [ database including a plurality of images of ] for storing an anatomical structures; and including a of images of anatomical structures; and means connected to the storage subsystem and to the at least one display container for retrieving images from the image database and displaying retrieved images in the at least one display container; [ ]; the method including the steps of: the method including the steps of: storing a plurality of images in the image storing a of images in the database; separating the plurality of ; images into image groups; indexing each [ image group by a unique group identification; ]; indexing each by a ; partitioning each image group into one or partitioning each into one or more ordered image series, each ordered more ordered image series, each ordered image series including a succession of image series including a succession of images which illustrate incrementally images which illustrate incrementally registered aspects of an anatomical target, registered aspects of an anatomical target, each image series being ordered by assignment to each image in the image series of a numerical position in a respective monotonically changing sequence; ; storing a first data table in the storage storing a first data table in the subsystem, the first data table listing a , the first data table listing a plurality of referring physician identifiers, of referring , each referring physician being indexed each referring physician being from at least one group identification, from at least one group identification, each each referring physician identifier referring physician identifying a identifying a referring physician and referring physician and including respective including respective fields specifying [] specifying output preferences of the identified [ referring physician for outputting to the ] of the identified referring physician images from identified referring physician for outputting the display; to the identified referring physician images from the display; storing a second data table in the storage storing a second data table in the subsystem, the second data table listing a , the second data table listing a plurality of diagnosing physician of diagnosing identifiers, each diagnosing physician , each diagnosing identifier identifying a diagnosing identifying a diagnosing physician and including respective fields physician and including respective specifying format preferences and mode specifying preferences of the identified diagnosing [ physician for displaying images on the display; and ] and [ ] of the identified diagnosing physician for displaying images on the display; and providing a group identification; providing a group identification; providing a diagnosing physician providing a diagnosing identifier; ; in response to the group identification and in response to the group identification and the diagnosing physician identifier, the diagnosing , retrieving at least one image series of an retrieving at least one image series of an image group indexed by the group by the group identification and displaying the at least identification and displaying the at least one one image series in one or more image series in one or more presentation areas of the plurality of of the of presentation areas in accordance with a in accordance with a format preference specified in fields of the specified in of the diagnosing physician identifier; and diagnosing ; and outputting images from the at least one [ image series according to output preferences of a referring physician ] from the at least one image series identified by a referring physician according to of a identifier indexed from the group referring physician identified by a referring identification. from the group identification. EXHIBIT B UNITED STATES PATENT NUMBER 5,452,416 — GLOSSARY OF TERMS
TERM DEFINITION A method for presenting images of anatomical structure for examination by a diagnosing physician display area display container displaying format(s) each image series being ordered by assignment to each image in the image series of a numerical position in a respective monotonically changing sequence entry(ies) field(s) format preference(s) image database image group(s) indexed indexes means connected to the means for receiving, to the means for storing an image database and to the means for displaying at least one display container and responsive to a physician identifier and to a group identification for retrieving at least one image series of an image group indexed by the group identification and for displaying the at least one image series in one or more presentation areas of the plurality of presentation areas in a display format contained in the physician data tables means connected to the storage subsystem and to the at least one display container for retrieving images from the image database and displaying retrieved images in the at least one display container means for displaying a palette display container means . . . for displaying at least one display container including a display area subdivided into a plurality of presentation areas in a predetermined array means for ordering the display means for providing an output from the system according to an output function specified in the physician data tables means for receiving a group identification means for receiving a physician identifier means for selecting an image of an image series displayed in the at least one display container and reproducing the selected image in a presentation area of the palette display container means for storing an image database including a plurality of images of anatomical structures, the images being separated into a plurality of image groups means for synchronizing the presentation of each image series mode preferences monitor mode output function(s) output preferences palette display container physician data table(s) physician identifier(s) plurality predetermined array presentation area(s) series mode separating the plurality of images into image groups storage subsystem the images being separated into a plurality of image groups unique group identification a method used by a diagnosing physician for examination of medical images a space within a display container in which the anatomical images may be viewed a bounded area or window in which images are presented for each diagnosing physician, predetermined settings for the display on the monitor of all image series including, for example, mode, layout, size, and coupling of images each image in a collection of images in an image series is assigned a numerical value representing its order in the sequence information input into a field a location in a data table prespecified number and arrangement of presentation areas in which a diagnosing physician prefers all image series be viewed a collection including stored image files, physician data tables, and indices that enables storage and retrieval of images one or more image series obtained during an examination one piece of information used to locate other information values in a database used to locate information at another location This is a means-plus-function limitation. The function is to retrieve at least one image series of an image group indexed by the group identification and to display the at least one image series in one or more presentation areas of the plurality of presentation areas in a display format contained in the physician data tables. The corresponding structure is the algorithm described at Figure 7 (except 83); col. 9, line 44 through col. 10, line 13 running on a computer with video card as described in col. 6, lines 3 — 5. This is a means-plus-function limitation. The function is retrieving images from the image database and displaying retrieved images in the at least one display container. The structure is the algorithm described at Figure 7 (except 83); col. 9, line 44 through col. 10, line 13 running on a computer with video card as described in col. 6, lines 3-5. This is a means-plus-function limitation. The function is displaying a palette display container on the one or more display monitors. The corresponding structure is computer program implementing Figure 7, block 83. This is a means-plus-function limitation. The function is displaying at least one display container including a display area subdivided into a plurality of presentation areas in a predetermined array. The corresponding structure is a display monitor. This is a means-plus-function limitation. The function is ordering the display of the at least one image series in response to mode specification. The corresponding structure is a computer performing the algorithm steps of boxes 81, 82 in Figure 7 and col. 6, line 61 through col. 7, line 5; col. 7, lines 41-44. This is a means-plus-function limitation. The function is to provide an output from the system according to an output function specified in the physician data tables. The corresponding structure is a computer, physician data tables as shown in Figure 6 (such as, for example, boxes 52 and 63), an algorithm associated with either the DONE, CHANGE SERIES, PRINT, NEXT, and/or PREVIOUS functions identified at col. 11:7 — 47 and Figure 8 (box 92 and box below, box 96 and box below), Figure 10 (box 113 and box below, box 118 and box below). This is a means-plus-function limitation. The function is to receive the group identification. The corresponding structure is a trackball mechanism, keyboard, user interface 14a, screen driver 14b. This is a means-plus-function limitation. The function is to receive the physician identifier. The corresponding structure is a trackball mechanism, keyboard, user interface 14a, screen driver 14b. This is a means-plus-function limitation. The function is selecting an image of an image series displayed in the at least one display container and reproducing the selected image in a presentation area of the palette display container. The corresponding structure is trackball mechanism 16; keyboard 22; screen driver 14b; user interface 14a; image subsystem 14c; computer program implementing blocks 93-94a depicted in Figure 8*; col 12:31-58. *Court to resolve whether or not there is a correctable error in the "no" branch from block 94. This is a means-plus-function limitation. The function is storing an image database including a plurality of images of anatomical structures, the images being separated into a plurality of image groups. The corresponding structure is a storage device. This is a means-plus-function limitation. The function is synchronizing the presentation of each image series of two or more image series such that whenever the display of one image series of the two or more image series is changed to display a next image in the order of its respective sequence, each other image series of the two or more image series is correspondingly changed. The corresponding structure is computer program implementing the algorithms described at boxes 110, 111, 112 and box below of Figure 10 and Col. 13, line 57 through col. 14, line 8. prespecified settings that determine whether a physician prefers all image series be displayed in monitor or series mode an image series is presented in the order of its respective sequence in a single respective display container such that each presentation area of the single respective display container includes no more than one image an action to be carried out by a program to control presentation of images in an image group to a physician according to preprogrammed output preferences settings specifying a physician's preferred choice the display container provided to receive and reproduce images which are selected from another display container data tables organized by referring and diagnosing physician that contain preferences for each respective physician information associated with a particular physician to the exclusion of all other physicians two or more a two-dimensional layout of presentation areas (e.g. 2X2 or 4X5) determined beforehand an area in which a single image is presented at a time each image series is presented one image at a time in the order of its respective sequence in a single respective presentation area of the plurality of presentation areas assigning images a file name that is specific to a particular image group storage device that stores information assigning images a file name that is specific to a particular image group identification of a particular image group for a specific patient to the exclusion of all other image groups