Case 2:02-cv-02669-FCD-KJM Document 457 Filed 06/07/2005 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF CALIFORNIA
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`McKESSON INFORMATION
`SOLUTIONS, INC.,
`Plaintiff,
`
`v.
`BRIDGE MEDICAL, INC.,
`Defendant.
`
`NO. CIV. S-02-2669 FCD KJM
`
`MEMORANDUM AND ORDER
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`On November 9, 2004 and April 15, 2005, Magistrate Judge
`Mueller filed Findings and Recommendations (“F&R”) and
`Supplemental Findings and Recommendations (“Supp. F&R”),
`respectively, regarding construction of United States Patent No.
`4,857,716 (the “‘716 Patent”) covering a Patient Identification
`and Verification System and Method. Magistrate Judge Mueller
`recommends that the eighteen disputed claim elements be construed
`as described in “Amended Exhibit A” to the Supp. F&R.1
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`Said Amended Exhibit A is attached hereto.
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`IRONBURG EX2028, Page 1
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`Case 2:02-cv-02669-FCD-KJM Document 457 Filed 06/07/2005 Page 2 of 5
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`Both parties filed objections to the F&R2 and Supp. F&R.3
`When either party timely objects to any portion of a magistrate
`judge’s ruling on a non-dispositive pretrial matter,4 the
`district court may set aside any portion of the ruling found to
`be “clearly erroneous or contrary to law.” 28 U.S.C.
`§ 636(b)(1)(A); Fed. R. Civ. P. 72(a).
`Given the complexity of the patent claim at issue and
`Magistrate Judge Mueller’s careful and thorough review of the
`parties’ proposed constructions, both by way of written
`submissions and lengthy hearing, the court cannot find that
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`After consideration of the parties’ objections to the
`2
`F&R and the oral argument of counsel made at the February 11,
`2005 hearing, the court was prepared to adopt the F&R with the
`exception of the construction of three claim elements. (Mem. &
`Order, filed Feb. 22, 2005.) As to those elements, the court
`referred the matter back to Magistrate Judge Mueller for further
`review of the “base station means,” “means for only allowing
`communication,” and “means for programming” elements. The
`parties submitted additional briefing on the subject terms.
`After consideration of that briefing, and without further
`hearing, Magistrate Judge Mueller filed the Supp. F&R, rendering
`her final decision on these elements. (Supp. F&R, filed April
`15, 2005.) The Supp. F&R superceded those portions of the
`original F&R, filed November 9, 2004, with regard to the three
`claim elements.
`Said objections and replies thereto were filed on April
`3
`29 and May 13, 2005, respectively.
`The court is unaware of any circuit court authority
`4
`determining whether claim construction is a dispositive or non-
`dispositive matter under Fed. R. Civ. P. 72. Absent that
`authority, the court finds persuasive and has followed herein Tom
`Hayden Enterprises, Inc. v. Southern Oregon Hot Bikes, Inc., 2004
`WL 1686937 (D. Or. July 27, 2004) which found that claim
`construction is a non-dispositive pretrial matter. However, the
`court acknowledges that there is contrary district court
`authority finding claim construction a dispositive pretrial
`matter. See e.g., ADE Corp. V. KLA-Tencor Corp., 288 F. Supp. 2d
`590 (D. Del. 2003). Accordingly, the court notes that even were
`it to apply a de novo standard of review, its decision would
`remain the same–-it would adopt in full Magistrate Judge
`Mueller’s recommended decision. Fed. R. Civ. P. 72(b).
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`IRONBURG EX2028, Page 2
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`Case 2:02-cv-02669-FCD-KJM Document 457 Filed 06/07/2005 Page 3 of 5
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`Magistrate Judge Mueller’s construction of the ‘716 Patent is
`clearly erroneous or contrary to law. The F&R and Supp. F&R are
`supported by the record and by proper analysis. In particular,
`with respect to the three claim elements addressed in the Supp.
`F&R, the court emphasizes the following:
`First, as to the “base station means” construction,
`Magistrate Judge Mueller supports her conclusion with reference
`to several federal circuit court opinions (see e.g. Summit
`Technology Inc. v. Nidek Co., Ltd., 363 F.3d 1219, 1224 (Fed.
`Cir. 2004); Caterpillar, Inc. v. Deere & Co., Inc., 224 F.3d
`1374, 1379 (Fed. Cir. 2000)) and persuasively distinguishes the
`case of Micro Chem., Inc. v. Great Plains Chem. Co., 194 F.3d
`1250 (Fed. Cir. 1999), heavily relied upon by plaintiff.
`Moreover, her decision to construe this element under § 112, ¶ 6
`is well supported because the claim language, clearly, does not
`reveal sufficient structure to perform all the recited functions
`of the base station. Finally, Magistrate Judge Mueller properly
`identifies the corresponding structure of the base station means
`as each structure is described with its respective function so as
`to fully demonstrate how the relevant structure actually performs
`the recited functions of the base station. (Supp. F&R at 6:9-
`7:5.)
`
`Second, with respect to the “means for only allowing
`communication” claim element, Magistrate Judge Mueller properly
`identified the corresponding structure as a “microprocessor with
`the capability of processing messages that do contain an
`identifier that corresponds to the base station’s identifier and
`not processing messages that do not contain an identifier that
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`IRONBURG EX2028, Page 3
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`Case 2:02-cv-02669-FCD-KJM Document 457 Filed 06/07/2005 Page 4 of 5
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`corresponds to the base station’s identifier.” (Supp. F&R at
`10:9-12.) The “means for only allowing communication” claim
`element relates to the base station’s capacity to detect incoming
`messages transmitted by the portable terminals and to respond
`only to those messages containing the base station’s unique
`identifier. (‘716 Patent, Col. 24:15-17.) Magistrate Judge
`Mueller describes that for the base station to perform this
`function, to “ignore” transmissions from some portable terminals
`and “only communicate” with portable terminals having the same
`address, it requires some structure that actually performs this
`function. She correctly derives that structure from the drawings
`included in the specification section of the patent (Figs. 5, 8
`and 32), each of which shows the base station as including a
`“microprocessor.” Braun Med. Inc. v. Abbott Labs, 124 F.3d 1419,
`1424 (Fed. Cir. 1997). Thus, a microprocessor with the above-
`described specialized capabilities is the corresponding structure
`of the recited function of “only allowing communication.”
`Third, as to the “means for programming” claim element,
`again Magistrate Judge Mueller’s identification of the
`corresponding structure is well supported with reference to the
`claim language. She properly finds that the patent requires
`interconnection for transfer of the unique identifier; in other
`words, a wireless embodiment is not contemplated by the patent.
`“In each [of the] embodiment[s] [preferred and alternative], the
`patent describes the structural features required to perform the
`recited function, including a point of insertion or mounting of
`the handheld device in the base station to facilitate an
`interconnection, which the invention teaches is necessary for
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`IRONBURG EX2028, Page 4
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`Case 2:02-cv-02669-FCD-KJM Document 457 Filed 06/07/2005 Page 5 of 5
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`downloading or transferring the base station’s unique identifier
`into the memory of the portable handheld terminal.” (Emphasis
`added.) (Supp. F&R at 12:2-6; see also Supp. F&R at 12 n. 10.)
`Further, she correctly found that the RF modem and antenna do not
`perform the function of “programming.” Rather, the claim
`language consistently and exclusively associates the RF modem and
`antenna with the communication function performed by the base
`station means. (Supp. F&R at 12:16-13:10.)
`Accordingly, the court hereby ADOPTS in full the F&R, filed
`November 9, 2004, as amended by the Supp. F&R, filed April 15,
`2005. The eighteen disputed claim elements are construed as set
`forth in the attached exhibit.
`IT IS SO ORDERED.
`DATED: June 7, 2005.
`
`/s/ Frank C. Damrell Jr.
`FRANK C. DAMRELL, Jr.
`UNITED STATES DISTRICT JUDGE
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`IRONBURG EX2028, Page 5
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`AMENDED EXHIBIT A
`
`Claim Element
`
`Construction
`
`Patient Identification and Verification System
`Comprising (preamble)
`
`Programmed System Computer Means
`
`Input Means
`
`Output Means
`
`First Bar Code Identifier Means
`
`Recites a limitation and should be construed
`as “a real time, three node interactive
`communication system for patient
`identification and verification.”
`
`Central computer, programmed with a set of
`instructions arranged in a proper sequence for
`directing the performance of operations
`related to processing and storing patient and
`related health care information, that operates
`as part of an integrated system.
`
`“Input means” performs the function of input
`of data to the programmed system computer
`means. The corresponding structure includes
`portable handheld patient terminals, terminal,
`bar code readers (as construed below),
`keyboards, electromagnetic wave
`transceivers, base stations (as construed
`below), and their equivalents.
`“Output means” performs the function of
`output of data from the programmed system
`computer means. The corresponding
`structure includes displays (as construed
`below), printers, terminals, portable handheld
`patient terminal, electromagnetic wave
`transceivers, base stations (as construed
`below), and their equivalents.
`The function of the “first bar code identifier
`means” is “for identification of the patient.”
`The corresponding structure includes a patient
`identification bracelet bearing a patient-
`unique identifier that has a series of lines of
`varying widths, a patient-unique identifier
`that has a series of lines of varying widths,
`and their equivalents.
`
`A-1
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`IRONBURG EX2028, Page 6
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`

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`Second Bar Code Identifier Means
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`Portable Handheld Patient Terminal
`
`Bar Code Reader Means
`
`Keyboard Means
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`Display Means
`
`Electromagnetic Wave Transceiver Means
`
`The function of the “second bar code
`identifier means” is “for identifying patient
`care related items, such as medication, etc.”
`The corresponding structure consists of labels
`with bar codes (defined as a series of lines of
`varying widths) that may be the same as, or
`may be different from, the patient identifier
`on the patient identification bracelet, to
`identify medical charts, test tubes,
`medications, supplies, IVs, tests or other
`health care related items, and their
`equivalents.
`
`A microprocessor controlled portable patient
`terminal that is used or operated while held in
`the hand or hands.
`The function of the “bar code reader” is “for
`scanning the first bar code identifier means
`. . . and for scanning the second bar code
`identifier means.” The corresponding
`structure includes: a bar code reading device,
`connected to a wand device that includes a
`light emitting source and optical detector; or a
`portable handheld terminal with an optical
`sensor device and microprocessor controlled
`decoder device, and their equivalents.
`
`An arrangement of keys by which a terminal
`is operated or by which data is entered.
`
`The function of “display means” is the
`“display of information.” The corresponding
`structure is a liquid crystal display (LCD) and
`status lights, either alone or in combination,
`and their equivalents.
`A terminal device capable of both
`transmitting and receiving data wirelessly.
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`A-2
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`IRONBURG EX2028, Page 7
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`Base Station Means
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`Electromagnetic Wave Transceiver Means
`Programmable Unique Identifier
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`Means For Only Allowing Communication
`
`Communication
`
`The function of “base station” is “receipt of
`and transmission of the patient and item
`data,” and “only allowing communication
`with a portable handheld patient terminal
`means having a corresponding program
`identifier.”
`
`The corresponding structure described in the
`specification is:
`(1) microprocessor-controlled recharging unit,
`with (2) dip switch, (3) location for insertion
`of a portable handheld patient terminal, (4)
`circuitry for automatically coding the portable
`handheld patient terminal, (5) transceiver unit
`including RF modem and antenna, and (6)
`electrical lines interconnected to programmed
`system computer; or (a) microprocessor-
`controlled base station, (b) transceiver unit
`with RF modem and antenna,
`(c) communications port(s), (d) memory for
`storage of unique address, (e) location for
`insertion of a portable handheld patient
`terminal, and (f) electrical lines
`interconnected to programmed system
`computer, and their equivalents.
`See above.
`A unique identifier or address that is capable
`of being programmed.
`The function is “only allowing
`communication with a portable handheld
`patient terminal means having a
`corresponding identifier.”
`
`The corresponding structure is a
`microprocessor with the capability of
`processing messages that do contain an
`identifier that corresponds to the base
`station’s identifier and not processing
`messages that do not contain an identifier that
`corresponds to the base station’s identifier,
`and its equivalents.
`The transmission of information from one
`point to another.
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`IRONBURG EX2028, Page 8
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`Means For Programming
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`Program Means
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`The function is “programming the portable
`handheld patient terminal means with the
`corresponding identifier.”
`
`The corresponding structure is: (1) circuitry
`for automatically coding the portable bar code
`reading device, the bar code reading device
`itself, and the recharging unit, or (2) base
`station, the portable handheld terminal,
`communications ports, and base station
`memory, and their equivalents.
`A set of instructions arranged in a proper
`sequence for directing the performance of
`specified operations.
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`IRONBURG EX2028, Page 9
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