Case: 3:14-cv-00962-JZ Doc #: 63 Filed: 06/09/15 1 of 4. PageID #: 892
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF OHIO
`WESTERN DIVISION
`
`Sauder Manufacturing Company,
`
`Case No. 3:14 CV 962
`
`Plaintiff,
`
`MARKMAN ORDER
`
`-vs-
`
`JUDGE JACK ZOUHARY
`
`J Squared, Inc.
`d/b/a University Loft Company,
`
`Defendant.
`
`INTRODUCTION
`
`This matter is before this Court for construction of certain terms found in Claim 1 of U.S.
`
`Patent No. 8,585,136 (the “136 Patent”) in accordance with Markman v. Westview Instruments, Inc.,
`
`517 U.S. 370, 390–91 (1996). The parties filed briefs (Docs. 52–53 & 59) and this Court held a
`
`record hearing on May 21, 2015.
`
`Plaintiff Sauder Manufacturing Company (“Sauder”) brought this action against Defendant
`
`J Squared, Inc., d/b/a University Loft Company (“J Squared”) asserting, among other things,
`
`infringement of the 136 Patent. The patent involves a convertible chair / base combination with two
`
`configurations: a chair detachably connected to a base; a chair disconnected from the base with the
`
`chair sitting on the floor, functioning as a rocker, and the base becoming a table (Doc. 53 at 2).
`
`Prior to the hearing, the parties reached agreement on several of the terms that did not require
`
`court construction, and further agreed that this Court would first address three constructions from
`
`Claim 1, those being the meaning of “coupled,” “assembly” and “rockers” (Doc. 59 at 16). Each will
`
`be addressed below.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF OHIO
`WESTERN DIVISION
`
`Sauder Manufacturing Company,
`
`Case No. 3:14 CV 962
`
`Plaintiff,
`
`MARKMAN ORDER
`
`-vs-
`
`JUDGE JACK ZOUHARY
`
`J Squared, Inc.
`d/b/a University Loft Company,
`
`Defendant.
`
`INTRODUCTION
`
`This matter is before this Court for construction of certain terms found in Claim 1 of U.S.
`
`Patent No. 8,585,136 (the “136 Patent”) in accordance with Markman v. Westview Instruments, Inc.,
`
`517 U.S. 370, 390–91 (1996). The parties filed briefs (Docs. 52–53 & 59) and this Court held a
`
`record hearing on May 21, 2015.
`
`Plaintiff Sauder Manufacturing Company (“Sauder”) brought this action against Defendant
`
`J Squared, Inc., d/b/a University Loft Company (“J Squared”) asserting, among other things,
`
`infringement of the 136 Patent. The patent involves a convertible chair / base combination with two
`
`configurations: a chair detachably connected to a base; a chair disconnected from the base with the
`
`chair sitting on the floor, functioning as a rocker, and the base becoming a table (Doc. 53 at 2).
`
`Prior to the hearing, the parties reached agreement on several of the terms that did not require
`
`court construction, and further agreed that this Court would first address three constructions from
`
`Claim 1, those being the meaning of “coupled,” “assembly” and “rockers” (Doc. 59 at 16). Each will
`
`be addressed below.
`
`
`
`Case: 3:14-cv-00962-JZ Doc #: 63 Filed: 06/09/15 2 of 4. PageID #: 893
`
`APPLICABLE LAW
`
`It is the duty of this Court, not a jury, to construe a patent claim. Markman, 517 U.S. at 391.
`
`Language in a particular claim must be construed in the context of both the individual claim and the
`
`entire patent, including the specification. Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir.
`
`2005) (en banc). The specification should be read in light of the prosecution history which is the
`
`primary basis for construing a patent claim. Id. at 1350. Courts may also rely on extrinsic evidence
`
`-- that is, evidence other than the patent and its prosecution history -- but that evidence is secondary
`
`to the intrinsic evidence. Id. at 1317.
`
`The parties agree that the patent should be construed based on the ordinary and customary
`
`meaning of the words, giving those words meaning in light of the patent specification as understood
`
`by those of ordinary skill in the art at the time the patent application was filed. Dictionary definitions
`
`are extrinsic evidence and unnecessary if the court can glean the meaning of the language from the
`
`claim and the patent history. Sometimes, the ordinary and customary meaning of claim language to
`
`a person of ordinary skill in the art may be identical to the meaning that language would have to a lay
`
`person not skilled in the art. Id. 1312–14.
`
`DISCUSSION
`
`Coupled
`
`Sauder:
`J Squared:
`
`Omnidirectional locked state.
`Connected but not necessarily locked together.
`
`The essence of this dispute is whether “coupled” means the upper portion and the lower
`
`portion are “locked.” The word coupled appears twelve times in the patent and there is no dispute that
`
`its definition means joined by means of a claw and latch. This Court looks to the specification in the
`
`first instance and believes there is no ambiguity and the term is clear in the context of this patent.
`
`2
`
`
`
`Case: 3:14-cv-00962-JZ Doc #: 63 Filed: 06/09/15 3 of 4. PageID #: 894
`
`Column 9 of the 136 Patent references a “secure engagement” and “coupling” to become a single unit
`
`(TR 12). In other words, once coupled, the unit resists separation and movement. The patent
`
`specification refers to the chair and base as “latched together” (TR 21–22). The meaning is clear from
`
`the specification. This Court takes a middle approach to the opposing proposals and defines
`
`“coupled” as “securely joined.”
`
`Assembly
`
`Sauder:
`
`J Squared:
`
`Structural unit positioned below seat to support seat and provide
`rockers.
`A collection of manufactured parts fitted together, distinct from the
`lower portion and its sitting portion, and from the upper portion.
`
`The assembly is shown in Figure 17. It is used as a noun and refers to a structural unit. Here,
`
`that unit is molded plastic and is located under the chair. The assembly is made up of different parts
`
`which are pre-bolted into a single unit (TR 33–34).
`
`Defendant argues that assembly could mean more than one part (TR 35–36). But it is clear
`
`to this Court from the use of the word in the patent specification that we are not talking about a
`
`number of different parts; rather, we are talking about a single molded plastic assembly -- a “structural
`
`unit” (TR 40). This Court adopts Plaintiff’s definition of assembly -- straight-forward and clear.
`
`Base legs structured so as to function as rockers
`
`Sauder:
`J Squared:
`
`Rockers.
`Legs which enable rocking.
`
`At the hearing, there was discussion about Claims 1 and 4 (TR 42–45), and requirements from
`
`the Examiner to include rockers in both of those claims. Counsel agree that this phrase is a structural
`
`recitation and this Court again finds no ambiguity. We are talking about rockers and not traditional
`
`legs. The bottom portion rocks. The common sense definition of rockers is a curved piece of wood
`
`3
`
`
`
`Case: 3:14-cv-00962-JZ Doc #: 63 Filed: 06/09/15 4 of 4. PageID #: 895
`
`that makes a chair rock; distinguishable from a chair that might “rock no matter how slightly” or “tilt”
`
`(TR 47). This Court adopts Plaintiff’s proposed meaning.
`
`CONCLUSION
`
`Counsel agree that these three phrases were the critical definitions for this Court to address.
`
`This ruling may avoid the need for further Markman rulings. By a separate Order filed concurrently,
`
`an amended case schedule is in place.
`
`IT IS SO ORDERED.
`
` s/ Jack Zouhary
`JACK ZOUHARY
`U. S. DISTRICT JUDGE
`
`June 9, 2015
`
`4
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