Opinion
No. 3:14-cv-00423-MO
07-07-2015
MAYFONK ATHLETIC, LLC, Plaintiff, v. NIKE, INC., Defendant.
OPINION AND ORDER MOSMAN, J.,
On July 7, 2015, a claim construction hearing was held in the above-entitled patent action. At issue are claim terms appearing in U.S. Patent Number 8,253,586 ("586 patent") and U.S. Patent Number 8,860,584 ("584 patent"). The parties will provide the court with no more than five pages of briefing, due by 5:00PM on Wednesday, July 22, 2015, concerning the proper construction of the term "personal processing unit" in the '584 patent. In this Order and for the reasons stated on the record, I announce my constructions of the following terms:
| Claim Term | Construction |
|---|---|
| '586 patent | |
| "initializing by said computing unit at least one sensor | Providing for electrical power by |
| device and the computing unit, wherein said step ofinitializing comprises providing for the provision ofelectrical power"(claim 12) | the computing unit to at least onesensor and the computing unit. |
| "integrated"(claim 12) | As agreed to by the parties |
|---|---|
| "conditioning into a distance measurement an electricalsignal corresponding to the time delay embedded in saidsensor data"(claim 12) | Plain and ordinary meaning |
| "tracking said distance measurement for one or morediscrete time intervals as period data"(claim 12) | Plain and ordinary meaning |
| '584 patent | |
| "activity programs"/ "activity program"(claims 21 and 23) | Software loaded on thecomputing unit that controlssensor data acquisition inconnection with a particularathletic activity. |
| "in real time"(claims 3,4,6,9,12,13,15) | Without any delay beyond theinherent transmission,processing, or storagerequirements described in the |
| Patent. | |
| "real time transmission"(claims 9, 12) | Without any delay beyond theinherent transmission,processing, or storagerequirements described in thePatent. |
| "real time automated storage"(claim 21) | Without any delay beyond theinherent transmission,processing, or storagerequirements described in thePatent. |
| "specifically paired, defined by at least one of a wiredserial connection and wireless bonding which enablesthe computing unit to authenticate the identity of theexternal computing device prior to communicatingelectrical signals therewith"(claims 3 and 12) | Specifically paired, defined by atleast one of: (1) a wired serialconnection, or (2) a wirelessbonding which enables thecomputing unit to authenticatethe identity of the externalcomputing device prior tocommunicating electrical signalstherewith. |
| "personal processing unit"(claims 21, 23, 24 and 27) | Under advisement |
|---|
| "interactive subscriber communication"(claims 3 and 12) | No construction necessary |
|---|
DATED this 7th day of July, 2015.
/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Judge