Case 1:07-mc-00493-RDM Document 313 Filed 06/12/09 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`Misc. Action No. 07-493 (RMC)
`
`MDL Docket No. 1880
`
`IN RE PAPST LICENSING GMBH & CO. KG
`LITIGATION
`
`This Document Relates To:
`The First Wave Cases --
`Fujifilm Corp. v. Papst, 07-cv-1118;
`Matsushita Elec. Indus. Co., Ltd. v. Papst, 07-cv-1222;
`Papst v. Olympus Corp., 07-cv-2086;
`Papst v. Samsung Techwin Co., 07-cv-2088;
`Papst v. Ricoh Co. Ltd., 07-cv-612;
`Hewlett Packard Co. v. Papst, 08-cv-865; and
`Papst v. Nikon Corp., 08-cv-985.1
`
`ORDER REGARDING CLAIMS CONSTRUCTION
`
`For the reasons stated in the Memorandum Opinion filed simultaneously with this
`
`Order, it is hereby ORDERED that the Claims of U.S. Patent Nos. 6,470,399 (“ ’399 Patent”) and
`
`6,895,449 (“ ’449 Patent”) (collectively the “Patents”) are construed as follows:
`
`1.
`
`2.
`
`The term “interface device” means a “stand-alone device.”
`
`The term “host device” means “a general purpose computer that connects to and directs the
`
`operation of peripherals, including drivers for input/output devices customary in a host
`
`device and a multi-purpose interface.”
`
` This Order relates to the First Wave Cases listed in the caption. The Camera Manufacturers
`1
`who are parties in the First Wave Cases include: Fujifilm Corporation; Fujifilm U.S.A., Inc.; Fujifilm
`Japan; Matsushita Electric Industrial Co., Ltd.; Victor Company of Japan, Ltd.; Olympus Corporation;
`Olympus Imaging America Inc.; Samsung Techwin Co.; Samsung Opto-Electronics America, Inc.,
`Panasonic Corporation of North America; JVC Company of America; Ricoh Corporation; Ricoh
`Company Ltd.; Ricoh Americas Corporation; Hewlett-Packard Company; Nikon Corporation; and
`Nikon, Inc.
`
`Apple 1030
`U.S. Pat. 9,189,437
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`Misc. Action No. 07-493 (RMC)
`
`MDL Docket No. 1880
`
`IN RE PAPST LICENSING GMBH & CO. KG
`LITIGATION
`
`This Document Relates To:
`The First Wave Cases --
`Fujifilm Corp. v. Papst, 07-cv-1118;
`Matsushita Elec. Indus. Co., Ltd. v. Papst, 07-cv-1222;
`Papst v. Olympus Corp., 07-cv-2086;
`Papst v. Samsung Techwin Co., 07-cv-2088;
`Papst v. Ricoh Co. Ltd., 07-cv-612;
`Hewlett Packard Co. v. Papst, 08-cv-865; and
`Papst v. Nikon Corp., 08-cv-985.1
`
`ORDER REGARDING CLAIMS CONSTRUCTION
`
`For the reasons stated in the Memorandum Opinion filed simultaneously with this
`
`Order, it is hereby ORDERED that the Claims of U.S. Patent Nos. 6,470,399 (“ ’399 Patent”) and
`
`6,895,449 (“ ’449 Patent”) (collectively the “Patents”) are construed as follows:
`
`1.
`
`2.
`
`The term “interface device” means a “stand-alone device.”
`
`The term “host device” means “a general purpose computer that connects to and directs the
`
`operation of peripherals, including drivers for input/output devices customary in a host
`
`device and a multi-purpose interface.”
`
` This Order relates to the First Wave Cases listed in the caption. The Camera Manufacturers
`1
`who are parties in the First Wave Cases include: Fujifilm Corporation; Fujifilm U.S.A., Inc.; Fujifilm
`Japan; Matsushita Electric Industrial Co., Ltd.; Victor Company of Japan, Ltd.; Olympus Corporation;
`Olympus Imaging America Inc.; Samsung Techwin Co.; Samsung Opto-Electronics America, Inc.,
`Panasonic Corporation of North America; JVC Company of America; Ricoh Corporation; Ricoh
`Company Ltd.; Ricoh Americas Corporation; Hewlett-Packard Company; Nikon Corporation; and
`Nikon, Inc.
`
`Apple 1030
`U.S. Pat. 9,189,437
`
`
`
`Case 1:07-mc-00493-RDM Document 313 Filed 06/12/09 Page 2 of 5
`
`3.
`
`The term “data transmit/receive device” means “a device that is capable of transmitting data
`
`to and receiving data from the host device when connected to the host device by the interface
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`device.”
`
`The phrase “for communication between” the computer and the data transmit/receive device
`
`means “for transmitting of information bidirectionally between the two devices.”
`
`The term “multi-purpose interface” means “a communication interface designed for use with
`
`multiple devices that can have different functions from each other.”
`
`The word “interfacing” means “establishing communication with.”
`
`The term “first connecting device” means “a physical socket or plug for permitting a user to
`
`attach and detach the interface device to and from a host device/computer.”
`
`The term “second connecting device” in the ’399 Patent means “a physical plug or socket for
`
`permitting a user readily to attach and detach the interface device with a plurality of
`
`dissimilar data transmit/receive devices, including a sampling circuit for sampling the analog
`
`data provided by the data transmit/receive device and an analog-to-digital converter for
`
`converting data sampled by the sampling circuit into digital data.” In the ’449 Patent, the
`
`term “second connecting device” means “a physical plug or socket for permitting a user
`
`readily to attach and detach the interface device with a plurality of dissimilar data
`
`transmit/receive devices.”
`
`9.
`
`The term “first command interpreter” in the ’399 Patent means “a software program for
`
`interpreting an inquiry from a host device and sending a signal to the host device in response
`
`to the inquiry, which signal tells the host computer that the interface device is an input/output
`
`device customary in a host device regardless of the type of transmit/receive device attached
`
`to the interface device.”
`
`-2-
`
`
`
`Case 1:07-mc-00493-RDM Document 313 Filed 06/12/09 Page 3 of 5
`
`10.
`
`The term “second command interpreter” in the ’399 Patent means “a software program for
`
`translating data request commands from the host device into data transfer commands
`
`understandable by a plurality of dissimilar data transmit/receive devices.”
`
`11.
`
`The phrase “[w]herein the interface device is configured by the processor and memory to
`
`include a first command interpreter and a second command interpreter” as used in the ’399
`
`Patent means that “the processor of the interface device runs a program from its memory to
`
`determine the data transfer parameters of the interface device for the first and second
`
`command interpreters.”
`
`12.
`
`The term “inquiry” means “an instruction seeking information concerning the type of the
`
`device attached to a computer” and the term “inquiring” means “sending an instruction
`
`seeking information concerning the type of the device attached to a computer.”
`
`13.
`
`The word “driver” means “the set of software routines used to direct a device, for example,
`
`an input/output device or a multi-purpose interface.”
`
`14.
`
`The phrase “an input/output device customary in a host device” in the ’399 Patent means a
`
`“data input/output device that was normally present within the chassis of most commercially
`
`available computers at the time of the invention” and the phrase “a storage device customary
`
`in a host device” in the ’449 Patent means a “storage device that was normally present within
`
`the chassis of most commercially available computers at the time of the invention.”
`
`15.
`
`The phrase “the driver for the input/output device customary in a host device” in the ’399
`
`Patent means “the customary driver(s) in a host device used to communicate with customary
`
`internal and external input/output device(s), which driver(s) were normally present within
`
`the chassis of most commercially available computers at the time of the invention,” and the
`
`phrase “the driver for the storage device customary in a host device” in the ’449 Patent
`
`-3-
`
`
`
`Case 1:07-mc-00493-RDM Document 313 Filed 06/12/09 Page 4 of 5
`
`means “the customary driver(s) in a host device used to communicate with customary
`
`internal and external storage device(s), which driver(s) were normally present within the
`
`chassis of most commercially available computers at the time of the invention.”
`
`16.
`
`In Claim Fourteen of the ’399 Patent, the phrase “the usual driver for the input/output
`
`device” means “the customary driver(s) in a host device used to communicate with
`
`customary internal and external input/output device(s), which driver(s) were normally present
`
`within the chassis of most commercially available computers at the time of the invention.”
`
`In Claim Eighteen of the ’449 Patent, the phrase “the usual driver for the storage device”
`
`means “the customary driver(s) in a host device used to communicate with customary
`
`internal and external storage device(s), which driver(s) were normally present within the
`
`chassis of most commercially available computers at the time of the invention.”
`
`17.
`
`The phrase “whereupon the host device communicates with the interface device by means
`
`of the driver for the input/output [storage] device customary in a host device” does not need
`
`to be construed separately from its constituent claim terms, which have already been
`
`construed.
`
`18.
`
`The phrase “the digital data” as used in Claim One of the ’399 Patent means “the data as it
`
`is output by the analog to digital converter, and/or the data as it is output by the analog to
`
`digital converter after it has undergone additional processing, such as digital signal
`
`processing.”
`
`19.
`
`The Court construes “a buffer” (for buffering data as set forth in Claim Three of the ’399
`
`Patent) and “a data buffer” (as set forth in Claim Sixteen of the ’449 Patent) as “memory
`
`used to store data temporarily to compensate for differences between the rate in the flow of
`
`data between the data transmit/receive device and the host device.”
`
`-4-
`
`
`
`Case 1:07-mc-00493-RDM Document 313 Filed 06/12/09 Page 5 of 5
`
`20.
`
`The term “virtual files” in Claim Seven of the ’399 Patent means “files that appear to be but
`
`are not physically stored; rather, they are constructed or derived from existing data when
`
`their contents are requested by an application program so that they appear to exist as files
`
`from the point of view of the host device.”
`
`21.
`
`The phrase “simulating a virtual file system” in Claim One of the ’449 Patent means
`
`“appearing to be a system of files, including a directory structure, that is not physically
`
`stored; rather, it is constructed or derived from existing data when its contents are requested
`
`by an application program so that it appears to exist as a system of files from the point of
`
`view of the host device.”
`
`22.
`
`“Specific driver for the multi-purpose interface” as used in Claim Eleven of the ’399 Patent
`
`and Claim Seventeen of the ’449 Patent means “the set of software routines that control the
`
`multi-purpose interface and that are developed for the particular multi-purpose interface.”
`
`23.
`
`A “digital signal processor” as specified in Claim Five of the ’399 Patent means a “processor
`
`optimized to perform repetitive computations used in digital signal processing such as
`
`24.
`
`25.
`
`multiply-accumulates.”
`
`The word “memory” means “any type of memory.”
`
`The term “root directory” means “a directory that is not in another directory” and the term
`
`“processor” means “any kind of microprocessor, including a digital signal processor.”
`
`26.
`
`Claim Two of the ’399 Patent does not need to be construed separately from its constituent
`
`claim terms, which have already been construed.
`
`SO ORDERED.
`
`Date:
`
`June 12, 2009
`
`__________/s/_____________________________
`ROSEMARY M. COLLYER
`United States District Judge
`
`-5-
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