Case 1:17-cv-00770-JDW-MPT Document 168 Filed 03/10/23 Page 1 of 5 PageID #: 15429
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`WIRTGEN AMERICA, INC.,
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`Case No. 1:17-cv-00770-JDW-MPT
`
`
`
`
`
`
`
`ORDER
`
`AND NOW, this 10th day of March, 2023, for the reasons stated in the
`
`
`CATERPILLAR, INC.,
`
`
`
`
`
`
`Defendant.
`
`accompanying Memorandum, it is ORDERED that the Court construes the following
`
`claim terms of U.S. Patent Nos. 7,946,788 (‘788 Patent); 8,511,932 (‘932 Patent); 8,690,474
`
`(‘474 Patent); RE48,268 (‘268 Patent); 7,523,995 (‘995 Patent); 9,975,538 (‘538 Patent);
`
`9,371,618 (‘618 Patent); 7,828,309 (‘309 Patent); 7,530,641 (‘641 Patent); 8,113,592 (‘592
`
`Patent); 9,010,871 (‘871 Patent); 9,656,530 (‘530 Patent); 8,424,972 (‘972 Patent);
`
`9,879,390 (‘390 Patent) as follows:
`
`Claim Term
`
`Court’s Construction
`
`Indication and setting devices
`’788 Patent, Claims 1, 14
`’932 Patent, Claims 9, 17
`’474 Patent, Claims 19, 26
`
`Disputed Terms
`
`Operating parameter input and display
`devices
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`WIRTGEN AMERICA, INC.,
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`Case No. 1:17-cv-00770-JDW-MPT
`
`
`
`
`
`
`
`ORDER
`
`AND NOW, this 10th day of March, 2023, for the reasons stated in the
`
`
`CATERPILLAR, INC.,
`
`
`
`
`
`
`Defendant.
`
`accompanying Memorandum, it is ORDERED that the Court construes the following
`
`claim terms of U.S. Patent Nos. 7,946,788 (‘788 Patent); 8,511,932 (‘932 Patent); 8,690,474
`
`(‘474 Patent); RE48,268 (‘268 Patent); 7,523,995 (‘995 Patent); 9,975,538 (‘538 Patent);
`
`9,371,618 (‘618 Patent); 7,828,309 (‘309 Patent); 7,530,641 (‘641 Patent); 8,113,592 (‘592
`
`Patent); 9,010,871 (‘871 Patent); 9,656,530 (‘530 Patent); 8,424,972 (‘972 Patent);
`
`9,879,390 (‘390 Patent) as follows:
`
`Claim Term
`
`Court’s Construction
`
`Indication and setting devices
`’788 Patent, Claims 1, 14
`’932 Patent, Claims 9, 17
`’474 Patent, Claims 19, 26
`
`Disputed Terms
`
`Operating parameter input and display
`devices
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 168 Filed 03/10/23 Page 2 of 5 PageID #: 15430
`
`Without interruption of [/interrupting]
`the milling operation
`’788 Patent, Claims 1, 14, 15
`’932 Patent, Claims 1, 6, 9, 17
`’474 Patent, Claims 1, 19, 26, 33
`Accommodates a lack of alignment
`‘268 Patent, Claims 1, 14, 34
`Spring stiffness
`‘268 Patent, Claims 1, 14, 34
`Between projecting and retracted
`positions relative to said machine
`frame
`‘995 Patent, Claims 18, 45
`Second actuatable means for rotating
`said at least one ground engaging unit
`‘995 Patent, Claim 45
`
`A variable transmission
`‘538 Patent, Claims 1, 6
`receiving a desired rotor speed”/“to
`maintain a desired rotor speed
`‘538 Patent, Claims 1, 6
`Predefined efficiency points
`‘538 Patent, Claims 1, 6
`Operating condition and/or operating
`state
`‘618 Patent, Claims 1, 8
`Determine a desired main spray
`manifold pressure based on the
`estimated amount of pressurized water
`‘618 Patent, Claims 1, 8
`Determine [the/a] pump signal based
`on the desired main spray pressure
`‘618 Patent, Claims 1, 8
`
`Without stopping the act of milling
`
`Not Indefinite
`
`Resistance to deformation
`
`Between positions that are farther from or
`closer to the machine frame
`
`Means-plus-function term under 35 U.S.C.
`§ 112, ¶ 6:
`
`Function: “rotate said at least one ground
`engaging unit about the lifting column
`axis”
`
`Structure: “an actuator, such as a linear or
`rotary actuator”
`Transmission that can change
`transmission ratios
`Receiving [and/or] maintaining a rotor
`speed based on user inputs
`
`Engine energy efficiency values set
`according to an established formula
`Any information detected by the machine
`about then-current operation
`
`Estimate the amount of water needed to
`generate an intended pressure
`
`Determine [the/a] pump signal based on
`the estimated amount of water needed to
`generate intended pressure
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 168 Filed 03/10/23 Page 3 of 5 PageID #: 15431
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`Agreed-Upon Constructions
`
`Are adjusted in height in the same
`direction and in the opposite direction
`‘309 Patent, Claim 29
`Deviation
`‘641 Patent, Claim 11
`Each lifting position measuring device
`being coupled with elements of one of
`the lifting columns, which elements are
`capable of being displaced relative to
`one another in accordance with the
`lifting position of the lifting column in
`such a manner that a path signal
`pertaining to the lifting position of the
`lifting column is continuously
`detectable by the measuring device
`‘592 Patent, Claim 1
`‘871 Patent, Claim 1
`A controller
`‘592 Patent, Claim 1
`‘871 Patent, Claims 5, 6, 8, 10, 13-15, 24
`‘530 Patent, Claim 2
`‘788 Patent, Claims 1, 14, 15
`‘932 Patent, Claims 1, 9, 17
`‘474 Patent, Claims 1, 9, 17
`‘972 Patent, Claims 1, 38
`‘390 Patent, Claims 2, 7
`Each lifting position sensor being
`coupled with elements of one of the
`lifting columns, which elements are
`capable of being displaced relative to
`one another in accordance with the
`lifting position of the lifting column in
`such a manner that a signal including
`information on a current lifting
`position of the lifting column is
`produced by the lifting position sensor
`‘530 Patent, Claim 2
`
`Adjusted in height similarly and inversely
`
`A change, difference or departure
`
`Plain and ordinary meaning
`
`An electronic controller
`
`Each lifting position sensor is coupled to
`two or more components within its
`respective lifting column, these
`components are capable of being
`displaced relative to one another such
`that their displacement reflects the lifting
`position of the lifting column, the lifting
`position sensor generates a signal that
`contains information about the lifting
`position of the column based on the
`displacement of the components
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 168 Filed 03/10/23 Page 4 of 5 PageID #: 15432
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`Switch over from control based upon a
`first selected subset of the plurality of
`selectable sensors to control based
`upon a second selected subset
`‘788 Patent, Claims 1, 14
`‘932 Patent, Claims 9, 17
`‘474 Patent, Claims 9, 17
`Current actual value
`‘788 Patent, Claims 1, 14, 15
`‘932 Patent, Claims 1, 9, 17
`‘474 Patent, Claims 1, 19, 26
`Ground engaging sensor
`‘972 Patent, Claims 1, 31, 39
`
`Support means for supporting said
`machine frame
`‘995 Patent, Claim 45
`
`First actuatable means
`‘995 Patent, Claim 45
`
`Based on the engine load
`‘538 Patent, Claims 1, 6
`Based on the engine speed and the
`desired rotor speed
`‘538 Patent, Claim 1
`Based on the engine speed
`‘538 Patent, Claims 1, 6
`
`Switch over from a first selected subset of
`sensors that are controlling at the time of
`switchover to a second selected subset
`
`Currently measured actual value
`
`A sensor that comprises a sensing
`element that contacts the ground and an
`element that produces a signal indicating
`a position of the sensing element
`Means-plus-function term under 35 U.S.C.
`§ 112, ¶ 6:
`
`Function: “supporting said machine
`frame”
`
`Structure: “support device”
`Means-plus-function term under 35 U.S.C.
`§ 112, ¶ 6:
`
`Function: “moving said at least one
`ground engaging unit between projecting
`and retracted positions relative to said
`machine frame”
`
`Structure: “an actuator, such as a linear or
`rotary actuator”
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`
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`Case 1:17-cv-00770-JDW-MPT Document 168 Filed 03/10/23 Page 5 of 5 PageID #: 15433
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`Plain and ordinary meaning
`
`Estimate an amount of pressurized
`water that will be required to operate
`the [primary/first] rotor spray bank
`‘618 Patent, Claims 1, 8
`Activate the first control valve
`‘618 Patent, Claims 1, 8
`
`It is FURTHER ORDERED that, on or before March 24, 2023, the Parties shall
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`Open the first control valve
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`confer and advise the Court by letter as to whether they have an agreed upon
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`construction of the terms “switchover device” and “switchover system” that resolves
`
`whether the term is means-plus-function because the Court cannot adopt the Parties’
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`proposed, agreed upon construction that is conditional to whether the term is
`
`“determined to be a means-plus-function term” (D.I. 116 at 4, 5-6.)
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`It is FURTHER ORDERED that the Joint Motion For Hearing On Claim
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`Construction (D.I. 115) is DENIED AS MOOT.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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