UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Thomas B. Pender
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN LITHIUM METAL OXIDE
`CATHODE MATERIALS, LITHIUM-ION
`BATTERIES FOR POWER TOOL
`PRODUCTS CONTAINING SAME, AND
`POWER TOOL PRODUCTS WITH
`LITHIUM-ION BATTERIES CONTAINING
`SAME
`
`Investigation No. 337-TA-951
`
`
`COMPLAINANTS’ PROPOSED PATENT CLAIM TERM CONSTRUCTIONS
`
`Pursuant to Order No. 6 and Ground Rule 8.2, Complainants BASF Corporation and
`
`UChicago Argonne LLC provide, in the attached claim charts, proposed patent claim term
`
`constructions and intrinsic and extrinsic evidence in support of those constructions.
`
`Complainants reserve the right to rely on any intrinsic or extrinsic evidence identified
`
`by any other party. Complainants also reserve the right to amend these constructions and
`
`cited evidence as permitted by the rules, including through negotiations with the other parties.
`
`
`
`
`
`
`
`
`
`
`
`SONY EXHIBIT 1007
`
`Page 1 of 42
`
`
`WASHINGTON, D.C.
`
`Before the Honorable Thomas B. Pender
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN LITHIUM METAL OXIDE
`CATHODE MATERIALS, LITHIUM-ION
`BATTERIES FOR POWER TOOL
`PRODUCTS CONTAINING SAME, AND
`POWER TOOL PRODUCTS WITH
`LITHIUM-ION BATTERIES CONTAINING
`SAME
`
`Investigation No. 337-TA-951
`
`
`COMPLAINANTS’ PROPOSED PATENT CLAIM TERM CONSTRUCTIONS
`
`Pursuant to Order No. 6 and Ground Rule 8.2, Complainants BASF Corporation and
`
`UChicago Argonne LLC provide, in the attached claim charts, proposed patent claim term
`
`constructions and intrinsic and extrinsic evidence in support of those constructions.
`
`Complainants reserve the right to rely on any intrinsic or extrinsic evidence identified
`
`by any other party. Complainants also reserve the right to amend these constructions and
`
`cited evidence as permitted by the rules, including through negotiations with the other parties.
`
`
`
`
`
`
`
`
`
`
`
`SONY EXHIBIT 1007
`
`Page 1 of 42
`
`
`
`Dated: May 26, 2015
`
`Respectfully submitted,
`
`/s/ D. Sean Trainor
`_________________________
`Gregg F. LoCascio, P.C.
`Sean M. McEldowney
`D. Sean Trainor
`Stefani A. Vande Lune
`Jonathan Jones
`Lisa G. Fuller
`Noah S. Frank
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street, N.W.
`Washington, D.C. 20005-5793
`Telephone: (202) 879-5000
`Facsimile: (202) 879-5200
`
`Leslie M. Schmidt
`Ryan Kane
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022-4611
`Telephone: (212) 446-4800
`Facsimile: (212) 446-4900
`
`Counsel for Complainants
`BASF Corporation and
`UChicago Argonne LLC
`
`
`
`
`
`
`Page 2 of 42
`
`Page 2 of 42
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that true and correct copies of the foregoing document,
`
`COMPLAINANTS’ PROPOSED PATENT CLAIM TERM CONSTRUCTIONS
`
`have been served on this 26th day of May, 2015, on the following:
`
`
`Sarah Sladic, Esq.
`Todd Taylor, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`sarah.sladic@usitc.gov
`todd.taylor@usitc.gov
`Joseph V. Colaianni, Jr.
`FISH & RICHARDSON P.C.
`1425 K Street, N.W., 11th Floor
`Washington, D.C. 20005
`FRService_Umicore-BASF@fr.com
`
`Counsel for Respondents Umicore, N.V. and Umicore USA, Inc.
`Smith R. Brittingham IV
`FINNEGAN, HENDERSON, FARABOW,
`
`GARRETT & DUNNER L.L.P.
`901 New York Avenue, N.W.
`Washington, D.C. 20001-4413
`Makita-951@finnegan.com
`
`Counsel for Respondents Makita Corporation, Makita Corporation
`of America, and Makita U.S.A. Inc.
`
`Via Email
`
`Via Email
`
`Via Email
`
`/s/ D. Sean Trainor
`D. Sean Trainor
`
`
`
`
`
`
`
`Page 3 of 42
`
`Page 3 of 42
`
`
`
`Term
`&
`Party Proposing
`"lithium metal
`oxide positive
`electrode"
`
`(Respondents,
`Staff)
`
`Patent
`&
`Claims
`' 082
`patent:
`claim 1
`
`' 143
`patent:
`claim 1
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"material comprising lithium
`metal oxide that receives
`lithimn ions dming discharge"
`
`HANDBOOK OF BATTERIES 1.3-
`1.5, 36.22-36.23, A.2~ A.5, A.8
`(David Linden ed., 2d ed. 1995).
`
`Complainants may rely on expett
`testimony in supp01t of the plain and
`ordinaty meaning of this claim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on
`by the other patties.
`
`'082 patent at Title
`'082 patent at Abstract
`'082 patent at 1:19-29
`'082 patent at 1:42-62
`'082 patent at 2:24-29
`'082 patent at 2:54-55
`'082 patent at 2:56-58
`'082 patent at 2:63-3:8
`'082 patent at 4:14-31
`'082 patent at 4:43-58
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`'082 patent at 7:10-25
`'082 patent at Fig. 71
`'082 patent at Fig. 8
`
`'143 patent at Title
`'143 patent at Abstract
`'143 patent at 1:16-29
`' 143 patent at 1 :43-52
`'143 patent at 1:56-2:10
`' 143 patent at2:38-46
`'143 patent at 3:19-20
`'143 patent at 3:21-23
`'143 patent at 3:27-41
`
`Complainants reserve the right to rely on the accompanying text describing the cited figmes from the specification.
`
`Page 4 of 42
`
`Page 4 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"material that receives lithium
`ions during discharge"
`
`"positive electrode"
`
`(Respondents)
`
`' 082
`patent:
`claims
`13, 14
`
`' 143
`patent:
`claim 17
`
`'143 patent at 5:35-52
`'143 patent at 5:64-6:12
`'143 patent at 6:63-7:10
`'143 patent at 7:12-21
`'143 patent at 7:23-31
`'143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at 9:60-10:8
`'143 patent at Fig. 13
`'143 patent at Fig. 14
`
`'082 File Histoty at
`ARG-00000551-55
`
`'082 Reexam at ARG-
`00001323, 1328, 1332
`'082 patent at Title
`'082 patent at Abstract
`'082 patent at 1:19-29
`'082 patent at 1 :42-62
`'082 patent at 2:24-29
`'082 patent at 2:54-55
`'082 patent at 2:56-58
`'082 patent at 2:63-3:8
`'082 patent at 4:14-31
`'082 patent at 4:43-58
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`
`2
`
`HANDBOOK OF BATTERJES 1.3-
`1.5, 36.22-36.23, A.2, A.5, A.8
`(David Linden ed., 2d ed. 1995)
`
`Complainants may rely on expett
`testimony in suppott of the plain and
`ordinaty meaning of this claim tetm
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on
`by the other patties.
`
`Page 5 of 42
`
`Page 5 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`'082 patent at 7: 10-25
`'082 patent at Fig. 7
`'082 patent at Fig. 8
`
`'143 patent at Title
`'143 patent at Abstract
`'143 patent at 1:16-29
`'143 patent at 1:43-52
`'143 patent at 1:56-2:10
`'143 patent at 2:38-46
`'143 patent at 3: 19-20
`'143 patent at 3:21-23
`' 143 patent at 3:27-41
`'143 patent at 5:35-52
`'143 patent at 5:64-6:12
`'143 patent at 6:63-7:10
`'143 patent at 7: 12-2 1
`'143 patent at 7:23-31
`'143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at 9:60-10:8
`' 143 patent at Fig. 13
`'143 patent at Fig. 14
`
`'082 File Hist01y at
`ARG-00000551-55
`
`'082 Reexam at ARG-
`00001323, 1328, 1332
`'082 patent at Title
`
`3
`
`MERRIAM WEBSTER'S
`
`"lithium metal
`
`'082
`
`"material comprising lithium
`
`Page 6 of 42
`
`Page 6 of 42
`
`
`
`Patent
`&
`Claims
`patent:
`daim 1
`
`Term
`&
`Party Proposing
`oxide positive
`electrode for a non-
`aqueous lithium
`cell"
`
`(Staff)
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`metal oxide that receives
`lithium ions dming discharge
`that is separated from a
`negative electrode by a non-
`water based electrolyte
`(conducting medium)"
`
`COLLEGIATE DICTIONARY 58, 788
`(1Oth ed. 1996)
`
`HANDBOOK OF BATTERIES 1.3-
`1.5, 36.22-36.23, A.1, A.2, A.5, A.7,
`A.8 (David Linden ed., 2d ed. 1995)
`
`Complainants may rely on expett
`testimony in support of the plain and
`ordinaty meaning of this daim tetm
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on
`by the other patties.
`
`'082 patent at Abstract
`'082 patent at 1: 18-29
`'082 patent at 1:42-62
`'082 patent at 2:24-29
`'082 patent at 2:54-55
`'082 patent at 2:56-58
`'082 patent at 2:63-3:8
`'082 patent at 4:14-31
`'082 patent at 4:43-58
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`'082 patent at 7:10-25
`'082 patent at Fig. 7
`'082 patent at Fig. 8
`
`'143 patent at Title
`' 143 patent at Abstract
`'143 patent at 1:16-29
`'143 patent at 1:43-52
`' 143 patent at 1:56-2:10
`'143 patent at 2:38-46
`' 143 patent at 3:19-20
`'143 patent at 3:21-23
`'143 patent at 3:27-41
`'143 patent at 5:35-52
`'143 patent at 5:64-6:12
`'143 patent at 6:63-7:10
`'143 patent at 7:12-21
`
`4
`
`Page 7 of 42
`
`Page 7 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"electrochemical
`cell"
`
`(Respondents,
`Staff)
`
`' 082
`patent:
`claims
`13, 14
`
`"a positive electrode separated
`from a negative electrode by an
`electrolyte (conducting
`medium)"
`
`' 143
`patent:
`claim 17
`
`'143 patent at 7:23-31
`'143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at 9:60-10:8
`'143 patent at Fig. 13
`'143 patent at Fig. 14
`
`' 082 File Histoty at
`ARG-00000551-55
`
`' 082 Reexam at ARG-
`00001323, 1328, 1332
`
`'082 patent at Title
`'082 patent at Abstract
`'082 patent at 1:18-19
`'082 patent at 2:50-58
`'082 patent at 4:14-19
`'082 patent at 4:43-58
`'082 patent at 6:11-54
`'082 patent at 7:10-25
`'082 patent at Fig. 5
`'082 patent at Fig. 6
`'082 patent at Fig. 7
`'082 patent at Fig. 8
`
`' 143 patent at Title
`'143 patent at Abstract
`'143 patent at 1:16-17
`'143 patent at 3:5-23
`
`5
`
`HANDBOOK OF BATTERIES 1.3-
`1.5, 36.22-36.23, A.1, A.2, A.5, A.7,
`A.8 (David Linden ed., 2d ed. 1995)
`
`Complainants may rely on expett
`testimony in support of the plain and
`ordinaty meaning of this claim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on
`by the other patties.
`
`Page 8 of 42
`
`Page 8 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"battery consisting
`of a plurality of
`cells"
`
`'082
`patent,
`claim 14
`
`(Staff)
`
`"two or more cells, each
`comprising a positive electrode
`separated from a negative
`electrode by an electrolyte
`(conducting medium)"
`
`'143 patent at 5:35-40
`'143 patent at 5:64-6:12
`'143 patent at 7:65-8:41
`'143 patent at 8:60-9:36
`'143 patent at 9:60-10:8
`'143 patent at Fig. 7
`'143 patent at Fig. 8
`' 143 patent at Fig. 10
`'143 patent at Fig. 11
`' 143 patent at Fig. 13
`'143 patent at Fig. 14
`
`'082 File Hist01y at
`ARG-00000551-55
`'082 patent at Title
`'082 patent at Abstract
`'082 patent at 1:18-19
`'082 patent at 2:50-58
`'082 patent at4:14-19
`'082 patent at 4:43-58
`'082 patent at 6:11-54
`'082 patent at 7:10-25
`'082 patent at Fig. 5
`'082 patent at Fig. 6
`'082 patent at Fig. 7
`'082 patent at Fig. 8
`
`'143 patent at Title
`'143 patent at Abstract
`'143 patent at 1:16-17
`
`6
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 896
`(1Oth ed. 1996)
`
`HANDBOOK OF BATTERIES 1.3-
`1.5, 36.22-36.23, A.1 , A.2, A.5, A.7,
`A.8 (David Linden ed., 2d ed. 1995)
`
`Complainants may rely on expert
`testimony in support of the plain and
`ordinary meaning of this claim term
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on
`by the other parties.
`
`Page 9 of 42
`
`Page 9 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"material that is lithia ted prior
`to being placed in a cell"
`
`"prepared in its
`initial discharged
`state"
`
`(Respondents,
`Complainants)
`
`' 082
`patent:
`claim 1
`
`' 143
`patent:
`claim 1
`
`'143 patent at 3:5-23
`'143 patent at 5:35-40
`'143 patent at 5:64-6:12
`'143 patent at 7:65-8:41
`'143 patent at 8:60-9:36
`'143 patent at 9:60-10:8
`'143 patent at Fig. 7
`'143 patent at Fig. 8
`'143 patent at Fig. 10
`'143 patent at Fig. 11
`'143 patent at Fig. 13
`'143 patent at Fig. 14
`
`'082 File Histoty ARG-
`00000551-55
`'082 patent at Abstract
`'082 patent at 1 : 18-30
`'082 patent at 2:40-42
`'082 patent at 2:63-3:10
`'082 patent at 3:61-4:19
`'082 patent at 4:20-42
`'082 patent at 4:43-58
`'082 patent at 4:66-5:19
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-37
`
`'082 patent at Fig. 1
`'082 patent at Fig. 2
`
`7
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 601,
`920 (1Oth ed. 1996)
`
`HANDBOOK OF BATTERIES 1.4-
`1.5, 36.22-36.23, A.4 (David Linden
`ed., 2d ed. 1995)
`
`Complainants may rely on expert
`testimony in support of the plain and
`ordinaty meaning of this claim tetm
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on
`
`Page 10 of 42
`
`Page 10 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`by the other patties.
`
`'082 patent at Fig. 3
`'082 patent at Fig. 4
`'082 patent at Fig. 5
`'082 patent at Fig. 6
`
`'143 patent at Abstract
`'143 patent at 1:16-29
`'143 patent at 2:57-61
`'143 patent at 3:27-44
`'143 patent at 5:14-40
`'143 patent at 5:41-63
`' 143 patent at 5:64-6:12
`' 143 patent at 6:19-39
`'143 patent at 7:1-10
`'143 patent at 7:12-21
`'143 patent at 7:23-31
`'143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at Fig. 1
`'143 patent at Fig. 2
`'143 patent at Fig. 3
`' 143 patentatFig. 4
`'143 patent at Fig. 5
`' 143 patent at Fig. 6
`'143 patent at Fig. 7
`'143 patent at Fig. 8
`'143 patent at Fig. 9
`'143 patent at Fig. 12
`
`'082 File Histmy at
`
`8
`
`Page 11 of 42
`
`Page 11 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`"having in its
`initial discharged
`state"
`
`(Respondents,
`Complainants)
`
`' 082
`patent:
`daims
`13, 14
`
`' 143
`patent:
`daim 17
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"material that is lithiated prior
`to being placed in a cell"
`
`HANDBOOK OF BATTERIES 1.4,
`1.5, 36.22-36.23, A.4 (David Linden
`ed., 2d ed. 1995)
`
`Complainants may rely on expett
`testimony in support of the plain and
`ordinaty meaning of this daim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on
`by the other patties.
`
`ARG-00000551-55
`'082 patent at Abstract
`'082 patent at 1:18-30
`'082 patent at 2:40-42
`'082 patent at 2:63-3:10
`'082 patent at 3:61-4:19
`'082 patent at 4:20-42
`'082 patent at 4:43-58
`'082 patent at 4:66-5:19
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-37
`'082 patent at Fig. 1
`'082 patent at Fig. 2
`'082 patent at Fig. 3
`'082 patent at Fig. 4
`'082 patent at Fig. 5
`'082 patent at Fig. 6
`
`'143 patent at Abstract
`'143 patent at 1:16-29
`' 143 patent at 2:57-61
`'143 patent at 3:27-44
`'143 patent at 5:14-40
`' 143 patent at 5:35-40
`'143 patent at 5:41-63
`'143 patent at 5:64-6:12
`'143 patent at 6:19-39
`'143 patent at 7:1-10
`
`9
`
`Page 12 of 42
`
`Page 12 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`'143 patent at 7:12-21
`'143 patent at 7:23-31
`'143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at Fig. 1
`'143 patent at Fig. 2
`'143 patent at Fig. 3
`'143 patent at Fig. 4
`'143 patent at Fig. 5
`'143 patent at Fig. 6
`'143 patent at Fig. 7
`'143 patent at Fig. 8
`' 143 patent at Fig. 9
`'143 patent at Fig. 12
`
`' 082 File Histmy at 7-10
`ARG-00000551-55
`'082 patent at Abstract
`'082 patent at 1:19-39
`'082 patent at 2:23-29
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:26-42
`'082 patent at 3:52-60
`'082 patent at 4:14-19
`'082 patent at 4:50-58
`'082 patent at 4:59-65
`'082 patent at 4:66-5:9
`'082 patent at 5:43-47
`'082 patent at 5:49-57
`
`10
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 459,
`484 (1Oth ed. 1996)
`
`Complainants may rely on expert
`testimony in support of the plain and
`ordina1y meaning of this claim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constructions or evidence relied on by
`the other patties.
`
`"general fmmula"
`
`(Respondents)
`
`'082
`No construction necessruy, but
`in the altemative "a fonnula for
`patent:
`the lithium metal oxide
`claims
`1, 13, 14 containing variable(s) that
`defmes a series of compounds"
`
`' 143
`patent:
`claim 1,
`17
`
`Page 13 of 42
`
`Page 13 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6: 11-54
`'082 patent at 6:55-7:5
`'082 patent at 7: 10-25
`'082 patent at Fig. 1
`
`'143 patent at Abstract
`'143 patent at 1:16-46
`'143 patent at 2:39-47
`'143 patent at 2:57-67
`'143 patent at 3:5-18
`' 143 patent at 3:27-44
`'143 patent at 4: 14-30
`'143 patent at4:31-58
`'143 patent at 5:5-13
`'143 patent at 5:35-40
`'143 patent at 6:4-1 2
`'143 patent at 6:13-18
`'143 patent at 6: 19-29
`'143 patent at 6:63-67
`' 143 patent at 7:1-10
`'143 patent at 7: 12-21
`' 143 patent at 7:23-31
`'143 patent at 7:65-8: -41
`'143 patent at 8:43-9:36
`'143 patent at 9:37-55
`'143 patent at 9:56-10:8
`'143 patent at Fig. 1
`
`11
`
`Page 14 of 42
`
`Page 14 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"having a general
`fmmula
`xLiM02•(1-
`x)Li2M'03"
`
`'082
`No constructionnecessruy, but
`in the altemative "a fmmula for
`patent:
`the lithium metal oxide
`claims
`1, 13, 14 containing variables that
`defmes a series of compounds"
`
`"having ... a
`general fonnula
`xLiM02•(1-
`x)Li2M'03"
`
`' 143
`patent:
`claims
`1, 17
`
`(Staff)
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 459,
`484 (1Oth ed. 1996)
`
`Complainants may rely on expert
`testimony in support of the plain and
`ordinaty meaning of this claim texm
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constructions or evidence relied on by
`the other parties.
`
`'082 File Histmy at 7-10
`ARG-00000551-54
`
`'082 Reexam at ARG-
`00001326, 1328, 1330-
`33, 1335, 1336, 1341 ,
`1344, 1347, 1349-50,
`1353-56
`'082 patent at Abstract
`'082patentat 1:19-39
`'082 patent at 2:23-29
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:26-42
`'082 patent at 3:52-60
`'082 patent at 4:14-19
`'082 patent at 4:50-58
`'082 patent at 4:59-65
`'082 patent at 4:66-5:9
`'082 patent at 5:43-47
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`'082 patent at 6:55-7:5
`'082 patent at 7:10-25
`'082 patent at Fig. 1
`
`'143 patent at Abstract
`'143 patent at 1: 16-46
`
`12
`
`Page 15 of 42
`
`Page 15 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`' 143 patent at 2:39-47
`'143 patent at 2:57-67
`'143 patent at 3:5-18
`' 143 patent at 3:27-44
`'143 patent at 4:14-30
`'143 patent at 4:31-58
`'143 patent at 5:5-13
`'143 patent at 5:35-40
`'143 patent at 6:4-12
`'143 patent at 6:13-18
`'143 patent at 6: 19-29
`'143 patent at 6:63-67
`' 143 patent at 7:1-10
`'143 patent at 7:12-21
`'143 patent at 7:23-31
`'143 patent at 7:65-8: -41
`'143 patent at 8:43-9:36
`'143 patent at 9:37-55
`'143 patent at 9:56-10:8
`'143 patent at Fig. 1
`
`'082 File Hist01y at 7-10
`ARG-00000551-54
`
`'082 Reexam at ARG-
`00001326, 1328, 1330-
`33, 1335, 1336, 1341,
`1344, 1347, 1349-50,
`1353-56
`
`13
`
`Page 16 of 42
`
`Page 16 of 42
`
`
`
`Term
`&
`Party Proposing
`"xLiM02•(1-
`x)LhM'Or
`
`(Respondents)
`
`Patent
`&
`Claims
`' 082
`patent:
`claims
`1, 13, 14
`
`' 143
`patent:
`claim 1,
`17
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`Complainants may rely on expert
`testimony in suppmt of the plain and
`ordinaty meaning of this claim tetm
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constructions or evidence relied on by
`the other patties.
`
`No construction necessaty
`
`'082 patent at Abstract
`'082 patent at 1:19-39
`'082 patent at 2:23-29
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:26-42
`'082 patent at 3:52-60
`'082 patent at 4: I4-I9
`'082 patent at 4:50-58
`'082 patent at 4:59-65
`'082 patent at 4:66-5:9
`'082 patent at 5:43-47
`'082 patent at 5:50
`'082 patent at 5:60
`'082 patent at 6:3
`'082 patent at 6: II-54
`'082 patent at 6:55-7:5
`'082 patent at 7:I0-25
`'082 patent at Fig. I
`
`'143 patent at Abstract
`'143 patent at I: I6-46
`'143 patent at 2:39-47
`'143 patent at2:57-67
`'143 patent at 3:5-I8
`'143 patent at 3:27-44
`'143 patent at 4:I4-30
`'143 patentat4:31-58
`'143 patent at 5:5-13
`'143 patent at 5:35-40
`
`14
`
`Page 17 of 42
`
`Page 17 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`' 143 patent at 6:4-12
`'143 patent at 6:13-18
`'143 patent at 6:19-29
`'143 patent at 6:63-67
`'143 patent at 7:3
`'143 patent at 7:13-14
`'143 patent at 7:24
`'143 patent at 7:65-41
`'143 patent at 8:45
`'143 patent at 8:60-9:36
`'143 patent at 9:37-55
`'143 patent at 9:56-10:8
`' 143 patent at Fig. 1
`
`'082 File Histoty at 7-10
`ARG-00000551-54
`
`'082 Reexam at ARG-
`00001326, 1328, 1330-
`33, 1335, 1336, 1341,
`1344, 1347, 1349-50,
`1353-56
`'082 patent at Abstract
`'082 patent at 1:19-39
`'082 patent at 2:23-29
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:26-42
`'082 patent at 3:52-60
`'082 patent at4:14-19
`
`15
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 236
`(lOth ed. 1996)
`
`Complainants may rely on expe1t
`testimony in suppott of the plain and
`ordinaty meaning of this claim tetm
`as proposed herein in view of the
`
`No construction necessaty
`
`"LiM02 ...
`component[]"
`
`(Repondents)
`
`' 082
`patent:
`claims
`1, 13, 14
`
`' 143
`patent:
`claim 1,
`
`Page 18 of 42
`
`Page 18 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`17
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on by
`the other patties.
`
`'082 patent at 4:50-58
`'082 patent at 4:59-65
`'082 patent at 4:66-5:9
`'082 patent at 5:43-47
`'082 patent at 5:50
`'082 patent at 5:60
`'082 patent at 6:3
`'082 patent at 6: 11-54
`'082 patent at 6:55-7:5
`'082 patent at 7: 10-25
`'082 patent at Fig. 1
`
`'143 patent at Abstract
`' 143 patent at 1:16-46
`'143 patent at 2:39-47
`' 143 patent at 2:57-67
`'143 patent at 3:5-18
`'143 patent at 3:27-44
`' 143 patent at4:14-30
`'143 patent at4:31-58
`'143 patent at 5:5-13
`'143 patent at 5:35-40
`'143 patent at 6:4-12
`' 143 patent at 6:13-18
`'143 patent at 6: 19-29
`'143 patent at 6:63-67
`'143 patent at 7:3
`'143 patent at 7:13-14
`'143 patent at 7:24
`' 143 patent at 7:34
`
`16
`
`Page 19 of 42
`
`Page 19 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`No construction necessa1y
`
`"LhM'03
`component[]"
`
`"LhM'03,
`component[]"
`
`"LhM'03;
`component[]"
`
`(Respondents)
`
`' 082
`patent:
`claims
`1, 13, 14
`
`' 143
`patent:
`claim 1,
`17
`
`'143 patent at 7:6541
`'143 patent at 8:45
`'143 patent at 8:60-9:36
`'143 patent at 9:37-55
`'143 patent at 9:56-10:8
`'143 patent at Fig. 1
`
`'082 File Histoty at 7-10
`ARG-000005 51-54
`
`'082 Reexam at ARG-
`00001326, 1328, 1330-
`33, 1335, 1336, 1341,
`1344, 1347, 1349-50,
`1353-56
`'082 patent at Abstract
`'082 patent at 1:19-39
`'082 patent at 2:23-29
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:26-42
`'082 patent at 3:52-60
`'082 patent at 4:14-19
`'082 patent at 4:50-58
`'082 patent at 4:59-65
`'082 patent at 4:66-5:9
`'082 patent at 5:43-47
`'082 patent at 5:50
`'082 patent at 5:60
`'082 patent at 6:3
`
`17
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 236
`(1Oth ed. 1996)
`
`Complainants may rely on expert
`testimony in support of the plain and
`ordina1y meaning of this claim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constructions or evidence relied on by
`the other patties.
`
`Page 20 of 42
`
`Page 20 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`'082 patent at 6: 11-54
`'082 patent at 6:55-7:5
`'082 patent at 7: 10-25
`'082 patent at Fig. 1
`
`'143 patent at Abstract
`'143 patent at 1:16-46
`'143 patent at 2:39-47
`'143 patent at 2:57-67
`'143 patent at 3:5-18
`'143 patent at 3:27-44
`'143 patent at 4: 14-30
`' 143 patent at4:31-58
`'143 patent at 5:5-13
`'143 patent at 5:35-40
`'143 patent at 6:4-12
`'143 patent at 6:13-1 8
`'143 patent at 6: 19-29
`'143 patent at 6:63-67
`'143 patent at 7:3
`'143 patent at 7:13-1 4
`' 143 patent at 7:24
`'143 patent at 7:50
`' 143 patent at 7:65--41
`'143 patent at 8:45
`'143 patent at 8:60-9:36
`'143 patent at 9:37-55
`'143 patent at 9:56-10:8
`'143 patent at Fig. 1
`
`18
`
`Page 21 of 42
`
`Page 21 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"both the LiM02
`andLhM'03
`components being
`layered"
`
`'082
`patent:
`claims
`1, 13, 14
`
`No construction necessruy, but
`in the altemative, "LiM02 is
`layered and LhM' 03 is
`layered"
`
`"both LiM02 and
`LhM' 03,
`components being
`layered"
`
`' 143
`patent:
`claim 1,
`17
`
`"both the LiM02
`and LhM'03;
`components being
`layered"
`
`"components being
`layered"
`
`(Respondents,
`Staff)
`
`'082 File Histmy at
`ARG-00000551-54
`
`'082 Reexam at ARG-
`00001326, 1328, 1330-
`33, 1335, 1336, 1341 ,
`1344, 1347, 1349-50,
`1353-56
`'082 patent at Abstract
`'082patentat 1:19-39
`'082 patent at 1:43-62
`'082 patent at 2:6-23
`'082 patent at 2:23-30
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:11-42
`'082 patent at 3:44-46
`'082 patent at 3:61-4:19
`'082 patent at 4:20-42
`'082 patent at 4:43-58
`'082 patent at 5:43-48
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`'082 patent at 6:55-7:9
`'082 patent at Fig. 1
`'082 patent at Fig. 2
`'082 patent at Fig. 3
`'082 patent at Fig. 4
`
`19
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 236,
`660 (1Oth ed. 1996)
`
`Christopher Hammond, THE BASICS
`OF CRYSTALLOGRAPHY AND
`DIFFRACTION 5-11 (1997)
`
`Complainants may rely on expett
`testimony in support of the plain and
`ordinaty meaning of this claim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constructions or evidence relied on by
`the other parties.
`
`Page 22 of 42
`
`Page 22 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`'143 patent at Abstract
`'143 patent at 1: 16-41
`' 143 patent at 1:56-2:10
`'143 patent at 2:21-37
`'143 patent at 2:38-46
`'143 patent at 2:57-61
`'143 patent at 3:27-44
`'143 patent at 3:66-4:30
`'143 patent at 4:3 1-58
`'143 patent at 4:60-66
`'143 patent at 5: 14-40
`' 143 patent at 5:41-63
`'143 patent at 5:64-6:12
`'143 patent at 6:63-67
`'143 patent at 7:1-10
`'143 patent at 7: 12-2 1
`'143 patent at 7:23-31
`'143 patent at 7:33-47
`'143 patent at 7:49-63
`'143 patent at 7:65-8:41
`' 143 patent at 8:43-9:36
`'143 patent at 9:37-59
`' 143 patent at Fig. 1
`'143 patent at Fig. 2
`'143 patent at Fig. 3
`'143 patent at Fig. 4
`'143 patent at Fig. 5
`'143 patent at Fig. 6
`' 143 patent at Fig. 9
`
`20
`
`Page 23 of 42
`
`Page 23 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`" average charge"
`
`"average oxidation
`state"
`(Complainants)
`
`'082
`patent:
`daims
`1, 13, 14
`
`' 143
`patent:
`daim 1,
`17
`
`'082 File Histmy at
`ARG-00000551-54
`
`'082 Reexam at ARG-
`00001326, 1328, 1330,
`1331, 1332, 1333, 1335,
`1336, 1341, 1344, 1347,
`1349-50, 1353-56
`
`'082 patent at Abstract
`'082 patent at 1:18-30
`'082 patent at 1 :42-62
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:17-22
`'082 patent at 4:66-5:19
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`'082 patent at 6:61-7:9
`'082 patent at Fig. 1
`'082 patent at Fig. 2
`'082 patent at Fig. 3
`'082 patent at Fig. 4
`
`'143 patent at Abstract
`'143 patent at 1:17-29
`'143 patent at 1:42-53
`
`21
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 80, 832
`(1Oth ed. 1996)
`
`Complainants may rely on expett
`testimony in support of the plain and
`ordinaty meaning of this daim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on by
`the other parties.
`
`Page 24 of 42
`
`Page 24 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`'143 patent at 1:56-2:10
`'143 patent at2:57-3:18
`'143 patent at 3:27-44
`' 143 patent at 3:45-65
`'143 patent at 4:5-10
`'143 patent at 4:31-58
`'143 patent at 6:19-39
`'143 patent at 7:1-10
`'143 patent at 7:12-21
`'143 patent at 7:23-31
`'143 patent at 7:33-47
`'143 patent at 7:49-63
`' 143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at 9:43-59
`'143 patent at Fig. 2
`'143 patent at Fig. 4
`'143 patent at Fig. 5
`'143 patent at Fig. 6
`'143 patent at Fig. 9
`
`'082 File Hist01y at
`ARG-00000551-54, 744
`'082 patent at Abstract
`'082 patent at 1:18-30
`'082 patent at 1:42-62
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:17-22
`'082 patent at4:66-5:19
`
`22
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 80, 832
`(lOth ed. 1996)
`
`Complainants may rely on expett
`testimony in support of the plain and
`ordinaty meaning of this claim tenn
`
`" an average charge of three"
`
`"an average
`oxidation state of
`three"
`
`(Staff)
`
`' 082
`patent:
`claims
`1, 13, 14
`
`' 143
`patent:
`
`Page 25 of 42
`
`Page 25 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`claim 1,
`17
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on by
`the other patties.
`
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6: 1-10
`'082 patent at 6:11 -54
`'082 patent at 6:61-7:9
`'082 patent at Fig. 1
`'082 patent at Fig. 2
`'082 patent at Fig. 3
`'082 patent at Fig. 4
`
`'143 patent at Abstract
`'143 patent at 1: 17-29
`'143 patent at 1:42-53
`'143 patent at 1:56-2:10
`'143 patent at 2:57-3:18
`'143 patent at 3:27-44
`'143 patent at 3:45-65
`'143 patent at 4:5-1 0
`'143 patent at4:3 1-58
`'143 patent at 6: 19-39
`'143 patent at 7:1-10
`'143 patent at 7:12-21
`'143 patent at 7:23-31
`'143 patent at 7:33-47
`'143 patent at 7:49-63
`'143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at 9:43-59
`'143 patent at Fig. 2
`'143 patent at Fig. 4
`
`23
`
`Page 26 of 42
`
`Page 26 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`"M collectively has an average
`charge of three"
`
`"one or more ions
`having/with an
`average oxidation
`state of three"
`
`"one or ions with an
`average oxidation
`state of three"
`
`(Respondents)
`
`'082
`patent:
`claims
`1, 13, 14
`
`' 143
`patent:
`claim 1,
`17
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 80, 832
`(1Oth ed. 1996)
`
`Complainants may rely on expert
`testimony in support of the plain and
`ordina1y meaning of this claim tenn
`as proposed herein in view of the
`intrinsic evidence cited herein or in
`response to any proposed
`constmctions or evidence relied on by
`the other patties.
`
`'143 patent at Fig. 5
`'143 patent at Fig. 6
`'143 patent at Fig. 9
`
`'082 File Histmy at
`ARG-00000551-54, 744
`'082 patent at Abstract
`'082 patent at 1 : 18-30
`'082 patent at 1:42-62
`'082 patent at 2:40-53
`'082 patent at 2:63-3:10
`'082 patent at 3:17-22
`'082 patent at4:66-5:19
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`'082 patent at 6:61-7:9
`'082 patent at Fig. 1
`'082 patent at Fig. 2
`'082 patent at Fig. 3
`'082 patent at Fig. 4
`
`'143 patent at Abstract
`'143 patent at 1:17-29
`' 143 patent at 1:42-53
`'143 patent at 1:56-2:10
`'143 patent at 2:57-3:18
`'143 patent at 3:27-44
`'143 patent at 3:45-65
`
`24
`
`Page 27 of 42
`
`Page 27 of 42
`
`
`
`Term
`&
`Party Proposing
`
`Patent
`&
`Claims
`
`Proposed Construction
`
`Intrinsic Evidence
`
`Extrinsic Evidence
`
`'143 patent at 4:5-10
`'143 patent at4:31-58
`'143 patent at 6:19-39
`'143 patent at 7:1-10
`'143 patent at 7:12-21
`'143 patent at 7:23-31
`'143 patent at 7:33-47
`'143 patent at 7:49-63
`'143 patent at 7:65-8:41
`'143 patent at 8:43-9:36
`'143 patent at 9:43-59
`'143 patent at Fig. 2
`' 143 patent at Fig. 4
`'143 patent at Fig. 5
`'143 patent at Fig. 6
`'143 patent at Fig. 9
`
`'082 File Histmy at
`ARG-00000551-54, 744
`'082 patent at Abstract
`'082 patent at 1:18-30
`'082 patent at 1 :42-62
`'082 patent at 2:40-53
`'082 patent at2:63-3:10
`'082 patent at 3:17-22
`'082 patent at 4:66-5:19
`'082 patent at 5:49-57
`'082 patent at 5:59-67
`'082 patent at 6:1-10
`'082 patent at 6:11-54
`
`25
`
`MERRIAM WEBSTER'S
`COLLEGIATE DICTIONARY 80, 832
`(1Oth ed. 1996)
`
`Complainants may rely on expert
`testimony in support of the plain and
`ordinaty meaning of this daim tetm
`as proposed herein in view of the
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