Opinion
No. 3:14-cv-00423-MO
08-20-2015
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 Numbers 8,253,586 ("586 patent") and 8,860,584 ("584 patent"). Following the hearing, I instructed the parties to provide me with additional briefing concerning the proper construction of the term "personal processing unit." In this updated Opinion and Order, I announce my constructions of the following terms:
| Claim Term | Construction |
|---|---|
| '586 patent | |
| "initializing by said computing unit at least one sensordevice and the computing unit, wherein said step of | Providing for electrical power bythe computing unit to at least one |
| initializing comprises providing for the provision ofelectrical power"(claim 12) | sensor 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 thePatent. |
| "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) | A computing device configuredto receive and process athleticperformance parameter sensordata. |
| "interactive subscriber communication"(claims 3 and 12) | No construction necessary |
|---|
DATED this 20th day of August, 2015.
/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Judge