Case 6:12-cv-00799-JRG Document 158 Filed 05/01/14 Page 1 of 3 PageID #: 4667
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`DATE: May 1, 2014
`
`Court Reporter: Shea Sloan
`Judicial Assistant: Carrie King
`
`
`CIVIL ACTION NO:
`6:12cv799
`
`MARKMAN HEARING
`
`
`
`
`
`
`
`LEONARD DAVIS, Judge Presiding
`
`Chief Staff Attorney: Gabrielle LaHatte
`Law Clerk(s): Matthew Chiarizio
`
`INVENSYS SYSTEMS, INC.
`
`V.
`
`EMERSON ELECTRIC CO. ET AL
`
`ATTORNEYS FOR DEFENDANTS
`ATTORNEYS FOR PLAINTIFF
`SEE SIGN-IN SHEETS
`On this day, came the parties by their attorneys and the following proceedings were had:
`OPEN: 9:00 AM
`ADJOURN: 12:15 AM
`
`
`
`
`
`
`
`
`TIME: MINUTES:
` 9:00 am Case called. PARTIES ANNOUNCED READY. (SEE SIGN-IN SHEETS)
`Court addressed the parties, gave instructions, and inquired regarding a preferred
`order of proceedings. Claudia Frost responded and discussed order of Plaintiff’s
`terms. Kadie Jelenchick responded and discussed order of Defendants’ terms.
`Court inquired regarding estimate of times needed to cover terms. Ms. Frost
`responded 1 hour for Plaintiff. Jeffrey Costakos responded 1 hour for Defendants.
`Jeffrey Johnson began presentation of terms for Plaintiff: “Digital Synthesis Mode”
`and “Positive Feedback Mode.” Response by Richard Florsheim. Response by Mr.
`Johnson. Response by Mr. Florsheim. Court proposed some claim language and
`inquired if parties would agree. Court and parties discussed – agreement not
`reached. Mr. Florsheim resumed response to “Positive Feedback Mode.” Mr.
`Johnson responded.
`Mr. Johnson presented term “Digital Control System.” Response by Mr.
`Florsheim. Response by Mr. Johnson. Mr. Florsheim read proposed construction.
`Plaintiff will agree to proposed construction. Court read proposed construction –
`parties agreed to construction.
`Mr. Johnson presented term “Determine the Flow Rate During a Transition.”
`Response by Jeff Costakos for Defendants. Response by Mr. Johnson. Response by
`Mr. Costakos. Response by Mr. Johnson.
`Mr. Johnson presented terms “Configured to” and “Operable to.” Response by
`Mr. Costakos.
`
`
`
`
`
`
`
`

`
`Case 6:12-cv-00799-JRG Document 158 Filed 05/01/14 Page 2 of 3 PageID #: 4668
`
`
`
`
`
`TIME: MINUTES:
`Mr. Johnson presented term “Maintains Oscillation During a Transition.”
`Response by Mr. Costakos.
`Mr. Johnson presented terms “During an Onset” and “During a Transition.” Mr.
`Johnson proposed agreement. Mr. Costakos responded. Mr. Johnson responded.
`Mr. Costakos responded with alternative agreement. Mr. Johnson responded. No
`agreement reached.
`Mr. Johnson presented term “In Response to Detecting a System Disturbance.”
`Response by Mr. Florsheim. Response by Mr. Johnson. Court proposed
`construction. Mr. Johnson responded. Mr. Florsheim responded. No agreement
`reached.
`Ms. Frost presented term “In Repsonse to an Extent to Which the Flowtube is
`Filled by the Fluid Flow.” Response by Mr. Costakos. Response by Ms. Frost.
`Ms. Frost presented terms “Input Module,” “Output Module,” and “Processing
`Device.” Response by Mr. Costakos.
`Ms. Frost presented term “Second Drive Signal is Different From the First Drive
`Signal.” Court inquired regarding proposed construction. Ms. Frost and Mr.
`Johnson responded. Response by Mr. Florsheim.
`Ms. Frost presented term “Data for a Complete Cycle of the Periodic Sensor.”
`Response by Mr. Costakos. Mr. Costakos proposed agreement. Response by Ms.
`Frost. Response by Mr. Costakos. Court and parties discussed. Response by Mr.
`Costakos. Response by Ms. Frost.
`Ms. Frost presented term “Zero Offset.” Response by Mr. Florsheim. Court
`proposed language. Mr. Florsheim responded. Court will take recess to allow Mr.
`Florsheim to consult with client on proposed language.
`11:00 am Court in recess.
`11:20 am Hearing resumed. Court inquired regarding proposal on term “Zero Offset.”
`Parties agreed.
`Ms. Jelenchick for Defendants presented term “Calculating a Normalized
`Pulsation.” Response by Todd Patterson for Plaintiff. Response by Ms. Jelenchick.
`Response by Mr. Patterson. Response by Ms. Jelenchick. Response by Mr.
`Patterson.
`Ms. Jelenchick presented term “Demodulating Said Signal From Said First Pick-
`Off Sensor and Said Second Pick-Off Sensor to Shift the Frequency Content of
`the Signals.” Response by Mr. Patterson. Response by Ms. Jelenchick. Response
`by Mr. Patterson.
`Ms. Jelenchick presented term “Center Frequency.” Response by Mr. Patterson.
`Response by Ms. Jelenchick. Response by Mr. Patterson.
`Ms. Jelenchick presented term “Calculating Dot Products of Said Normalized
`Pulsation and Said Signals from Said First Pick-off Sensor and Said Second
`Pick-off Sensor to Translate Said Signals to Said Center Frequency” and will
`defer to pleadings. Mr. Patterson responded.
`Ms. Jelenchick presented term “Enhanced Value[s].” Response by Mr. Johnson.
`Court proposed construction. Mr. Johnson responded. Ms. Jelenchick responded.
`Court and Ms. Jelenchick discussed. Mr. Johnson responded.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Case 6:12-cv-00799-JRG Document 158 Filed 05/01/14 Page 3 of 3 PageID #: 4669
`
`
`
`
`
`TIME: MINUTES:
`Ms. Jelenchick discussed means plus function terms, discussed agreement of the
`parties, and remaining disputes. Presented terms “Digital Notch Filtration Means”
`and “Digital Filtration Means.” Response by Mr. Johnson.
`Ms. Jelenchick presented “Phase Value Determination Means.” Court inquired if
`that concludes Defendants’ presentation. Ms. Jelenchick responded.
`Mr. Johnson made presentation on “Mass Flow Measurement Means.” Response
`by Ms. Jelenchick.
`Nothing further from the parties.
`Court inquired regarding status of mediation. Parties replied. Court suggested
`parties attempt to mediate prior to ruling. Mr. Harrison requested 45 days to
`complete mediation. Court agreed.
`12:15 pm There being nothing further, Court adjourned.