`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`IDENTITY SECURITY LLC,
`Plaintiff,
`
`
`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`
`Defendant.
`
`1:22-CV-00058-ADA
`
`§
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`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`ORDER GRANTING DEFENDANT APPLE INC.’S OPPOSED MOTION FOR
`FURTHER CLAIM CONSTRUCTION AND FINAL CLAIM CONSTRUCTION OF THE
`COURT
`
`This Court, after considering Defendant Apple, Inc.’s Opposed Motion for Further Claim
`
`Construction and Stay Pending Markman (ECF No. 99), is of the opinion that the Motion should
`
`be GRANTED-IN-PART.
`
`In its Motion, Apple explained that the parties disputed the proper scope and meaning of
`
`two terms recited in newly asserted claims in Identity Security’s March 17, 2023 Amended
`
`Complaint: (1) “an interface configured to enable the digital identity device to communicate with
`
`an external device”; and (2) “input/output port.” The Court heard oral argument on Apple’s Motion
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`for further claim construction and orally granted-in-part Apple’s Motion on June 16, 2023. See
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`ECF No. 125 at 11. The Court, however, denied Apple’s request to stay the case. See id. at 7. On
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`July 6, 2023, the Court was informed that the parties had agreed to the constructions of these two
`
`terms as shown below.
`
`After careful consideration of the parties’ briefs, the applicable law, and noting that it is
`
`agreed, the Court enters its final constructions as shown below.
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`1
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`
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`Case 1:22-cv-00058-ADA Document 129 Filed 07/06/23 Page 2 of 2
`
`Claim Term
`
`Court’s Final Construction
`
`“an interface configured to enable the
`microprocessor identity device to
`communicate with an external device”
`(’497 claim 3, ’008 claim 2)
`
`
`
`Plain and ordinary meaning, but the “external
`device” cannot be a component within the
`digital/microprocessor identity device
`
`Claim Term
`
`Court’s Final Construction
`
`“input/output port”
`(’497 patent, claim 4; ’008 patent, claim 3)
`
`“A physical port that enables input/output
`communications with a device that is not a
`component within the digital/microprocessor
`identity device.”
`
`
`
`
`SO ORDERED AND SIGNED this 6th day of July, 2023.
`
`
`
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`2
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