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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`
`3RD EYE SURVEILLANCE, LLC
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`Plaintiff,
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`v.
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`THE CITY OF FORT WORTH and
`e-WATCH CORPORATION
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`Defendants.
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`§
`§
`§
`§
`§ No. 6:14-cv-00725
`§
`§
`§
`§
`§
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`JURY DEMANDED
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`MEMORANDUM OPINION AND ORDER
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`Before the Court is Defendant e-Watch Corporation’s Motion for Summary Judgment of
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`Indefiniteness. (Doc. No. 99). Plaintiff 3rd Eye Surveillance, LLC filed a Response (Doc. No.
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`102) and Defendant filed a Reply (Doc. No. 105). On May 12, 2016, the Court held a hearing
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`and heard argument on the Motion. Having considered the parties’ arguments and for the
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`reasons stated below, the Court DENIES Defendant’s Motion for Summary Judgment (Doc. No.
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`99).
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`BACKGROUND
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`Plaintiff contends that Defendant literally infringes U.S. Patent No. 7,323,980 (“the ’980
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`Patent”). The ’980 Patent is the only patent in suit, and is entitled “Security System and Method
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`with Realtime Imagery.” ’980 Patent. The disclosure of the ’980 Patent relates generally to
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`“provid[ing] secure, realtime video and/or other realtime imagery of a secured location to one
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`or more emergency response agencies over a high-speed communications link, such as the
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`internet.” ’980 Patent Abstract. The stated objective of the invention is to allow emergency
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`response agencies and their personnel to be better informed and prepared in responding to and
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`1
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`preventing emergencies. ’980 Patent at 2:1–3. The ’980 Patent contains four independent
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`claims, claims 1, 11, 21, and 31, which recite as follows:
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`1. A security system comprising:
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`an imaging device positioned at a secured location;
`a computer system associated with a security system central
`monitoring station, said computer system configured to:
`receive real-time imagery data from said secured location;
`process the received imagery data;
`generate additional information associated with the received
`imagery data;
`identify an appropriate response agency from amongst a plurality
`of response agencies based on at least one of the additional
`information and the imagery data; and
`transmit the received imagery data and the additional information
`to a computer system associated with a response agency.
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`11. A method of securing a location comprising the steps of:
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`generating real-time imagery data at a secured location;
`transmitting the real-time imagery data to a security system central
`station over a network connection;
`processing the received imagery data at the security system central
`monitoring station;
`generating additional information associated with the received
`imagery data; and
`transmitting the received imagery data and the additional
`information to response agency over a network connection,
`wherein the response agency is identified from among a
`plurality of response agencies based on at least one of the
`additional information and the imagery data by a computer
`system at the security system central monitoring station.
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`21. A method for providing real-time data to a response agency:
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`receiving real-time data from a secured location;
`accessing additional information associated with the data;
`identifying at least one response agency from amongst a plurality
`of response agencies based on the data; and
`transmitting the data and the additional information to at least one
`computer system associated with the selected response agency,
`wherein said receiving, accessing, identifying, and transmitting
`are performed by a computer system at a security system
`central monitoring station.
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`2
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`31. A method of securing a location comprising the steps of:
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`generating real-time imagery of a secured location;
`transmitting the real-time imagery to a security system central
`station over a network connection;
`processing the real-time imagery at the security system central
`station;
`transmitting the real-time imagery from the security system central
`station to a response agency over a network connection; and
`displaying the real-time imagery at the response agency, wherein
`the response agency is identified from amongst a plurality of
`response agencies by a computer system at the security system
`central station.
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`
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`Defendant moves for summary judgment, arguing that claims of the ’980 Patent are
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`invalid because the following phrases fail to comply with the definiteness requirement of 35
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`U.S.C. § 112, ¶ 2: (1) “associated with”; (2) “. . . based on at least one of the additional
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`information and the imagery data . . .”; (3) “process” and “processing” as related to “received
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`imagery data” and “real-time imagery”; (4) “realtime imagery” and “real-time imagery”;
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`(5) “real-time data”; (6) “real-time imagery data”; (7)“generating additional information”; and
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`(8) “assessment of the data” and “automatically generating the additional information.”
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`LEGAL STANDARD
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`Summary Judgment Standard
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`“Summary judgment is appropriate in a patent case, as in other cases, when there is no
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`I.
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`
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`genuine issue as to any material fact and the moving party is entitled to judgment as a matter of
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`law.” Nike Inc. v. Wolverine World Wide, Inc., 43 F.3d 644, 646 (Fed. Cir. 1994); FED. R. CIV.
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`P. 56(c).
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`II.
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`Indefiniteness
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`
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`Indefiniteness is a question of law. Teva Pharms. USA, Inc. v. Sandoz, Inc., 723 F.3d
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`1363, 1368 (Fed. Cir. 2013). “[D]etermination of claim indefiniteness is a legal conclusion that
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`3
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`is drawn from the court’s performance of its duty as the construer of patent claims.” Exxon
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`Research & Eng’g Co. v. United States, 265 F.3d 1371, 1376 (Fed. Cir. 2001) abrogated on
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`other grounds by Nautilus v. Biosig Instruments, Inc., 134 S.Ct. 2120, 2130 n. 9 (2014).
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`Indefiniteness is a challenge to the validity of the patent that must be established by clear and
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`convincing evidence. Nautilus, 134 S.Ct. at 2130, n. 10 (citing Microsoft Corp. v. i4i Ltd.
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`Partnership,131 S.Ct. 2238, 2242 (2011) for the clear-and-convincing standard applicable to
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`challenges to invalidity and declining to alter this standard).
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`
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`Under 35 U.S.C. § 112 ¶ 2, “[t]he specification shall conclude with one or more claims
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`particularly pointing out and distinctly claiming the subject matter which the applicant regards as
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`his invention.” “A lack of definiteness renders invalid ‘the patent or any claim in suit.’”
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`Nautilus, 134 S.Ct. at 2125 (citing 35 U.S.C. § 282, ¶ 2(3)). Until recently, a claim was
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`indefinite “only when it [was] not amendable to construction or insolubly ambiguous.” Id. at
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`2127. The Supreme Court rejected this standard as too imprecise. Id. at 2130.
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`
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`Under the new standard, “a patent is invalid for indefiniteness if its claims, read in light
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`of the specification . . . , and the prosecution history, fail to inform, with reasonable certainty,
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`those skilled in the art about the scope of the invention.” Id. at 2124 (emphasis added). In
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`rejecting the prior standard, the court found it insufficient “that a court [could] ascribe some
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`meaning to a patent’s claims.” Id. at 2130. Reasonable certainty is something more precise than
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`insolubly ambiguous, but short of absolute precision. Id. at 2129–30. In describing the new
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`standard the court “mandates clarity.” Id. at 2129.
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`
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`The Supreme Court noted the “delicate balance” to the indefiniteness analysis. Id. at
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`2128. In summarizing this balance post-Nautilus, the Federal Circuit explained that “[t]he
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`definiteness standard ‘must allow for a modicum of uncertainty’ to provide incentives for
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`innovation, but must also require ‘clear notice of what is claimed, thereby appris[ing] the public
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`of what is still open to them.’” Interval Licensing LLC v. AOL, 766 F.3d 1364, 1370 (Fed. Cir.
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`2014) (emphasis added) (quoting Nautilus, 134 S.Ct. at 2128–29).
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`
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`The Supreme Court did not apply the new standard in Nautilus.1 The Federal Circuit,
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`however, has both applied the new standard and provided guidance on the level of precision
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`required. Interval, 766 F.3d at 1369–71. “Although absolute precision or mathematical
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`precision is not required, it is not enough as some of the language in . . . prior cases may have
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`suggested, to identify ‘some standard for measuring the scope of the phrase.’” Id. at 1370–71
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`(quoting Datamize, LLC v. Plumtree Software, Inc., 417 F.3d 1342, 1351 (Fed. Cir. 2005)).
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`“The claims, when read in light of the specification and the prosecution history, must provide
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`objective boundaries for those of skill in the art.” Id at 1371 (emphasis added) (relying on
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`Nautilus, 134 S.Ct. at 2130 & n. 8). In noting the necessity for objective boundaries, the Federal
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`Circuit relied on the finding in Halliburton Energy Servs., Inc. v. M–I LLC that “[e]ven if a claim
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`term’s definition can be reduced to words, the claim is still indefinite if a person of ordinary skill
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`in the art cannot translate the definition into meaningfully precise claim scope.” Id. (emphasis
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`added) (relying on Halliburton, 514 F.3d 1244, 1251 (Fed. Cir. 2008)).
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`
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`Other parts of the indefiniteness inquiry remain the same. Indefiniteness is still
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`“evaluated from the perspective of someone skilled in the relevant art at the time the patent was
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`filed.” Nautilus, 134 S.Ct. at 2128. Claims must also still “be read in light of the patent’s
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`specification and prosecution history.” Id. at 2128.
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`1 The court declined to apply the new “reasonable certainty” standard to the claim language at
`issue in Nautilus, “mounted . . . in spaced relationship with each other.” Nautilus, 134 S.Ct. at
`2131. The language describes the location of two electrodes on a cylinder held in the user's
`hand. Id. at 2127. In concluding the language was not indefinite, the reversed Federal Circuit
`decision had concluded the spaced relationship could not be greater than the width of a user's
`hand. Id. at 2127.
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`5
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`DISCUSSION
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`I.
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`“associated with” (Claims 1, 2, 3, 5, 7, 9, 10, 11, 14, 15, 19, 10, and 21)
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`Defendant argues that “associated with” is invalid because the patent does not specify
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`how the elements it has identified are associated and that in order to avoid invalidity, the
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`patentee would have had to use a term describing the functional relationship between each of the
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`elements. The Court disagrees. Reading the patent, a POSITA would be able to determine with
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`reasonable certainty the relationship between the different “associated” elements. Claim 1, for
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`example, states “[a] security system comprising: . . . a computer system associated with a
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`security system central station, said computer system configured to: . . . generate additional
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`information associated with the received imagery data; . . . and transmit the received imagery
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`data and the additional information to a computer system associated with a response agency.”
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`’980 Patent at 12:37–52. One of skill in the art could ascertain that each use of “associated with”
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`in Claim 1 references a relationship between two elements ((1) a computer system and a security
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`system central station, (2) additional information and received imagery data, and (3) a computer
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`system and a response agency) and could determine with reasonable certainty what the
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`relationship between the two elements is from the claim language alone. Further, one skilled in
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`the art would also be able to determine the “association” between the various elements described
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`throughout the specification.2
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`In light of the information disclosed in the ‘980 patent, one skilled in the art would
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`understand that “associated with” as used in the claims simply describes a link or connection
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`2 In many instances throughout the specification, “associated with” is used to discuss a computer system that is
`associated with a central station, a response agency, or the secured location. ’980 Patent at 2:27–28, 2:37–38, 2:40–
`44, 4:21–33, 4:58–59, 5:43–48, 5:66–67, 6:46–47, 6:54–61, 7:19–20, 7:25–26, 7:31–33, 7:39–40, 7:53–54, 8:1–2,
`9:17–18, 9:39–42, 9:59–62, 10:1–2, 10:21–22, 11:39-40. Additionally, the specification discusses various
`associations with a secured location. Id. at 6:5–6, 6:12, 6:17–23, 10:31–32, 12:4–5. The specification also uses this
`term when discussing the response agency, stating “the central monitoring station may be associated with a private
`security service or a governmental agency.” Id. at 4:2–5. Additionally, the specification refers to hardware or
`software that is “associated with the server.” Id. at 5:42–44.
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`between two items. Contrary to Defendant’s argument, nothing in the patent requires that the
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`term “associated with” specify how elements are associated or describe a functional relationship.
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`In effect, rather than considering what is disclosed, Defendant elevates possible alternatives or
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`additions to argue that this term is indefinite. But possible alternatives or additions do not
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`necessarily impede a POSITA from considering what is claimed and disclosed and ascertaining
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`the scope of a term or phrase with reasonable certainty.3
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`The intrinsic record, therefore, provides meaningful guidance that would allow one of
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`skill in the art to determine, with reasonable certainty, the scope of the disputed term. See
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`Nautilus, 134 S. Ct. at 2124. Accordingly, this term is not indefinite and needs no further
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`construction. See id.
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`II.
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`“based on at least one of the additional information and the imagery data”
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`(Claims 1 & 11)
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`
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`In their briefing, the parties break this term down into three parts: (1) “based on at least
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`one of”, (2) “additional information,” and (3) “imagery data.” The parties’ argument concerning
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`this term hinges primarily on the first portion of the term: “based on at least one of.”
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`A. “Based on at least one of”
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`
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`Defendant asserts that there are multiple ways to interpret the phrase “based on at least
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`one of the additional information and the imagery data” because Courts have interpreted “based
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`on at least one of” in multiple ways: (1) a single piece of information can satisfy the condition
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`(either one additional information or one imagery data); (2) at least one piece of data from each
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`category (one additional information and one imagery data) is required to satisfy the condition;
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`3 Indeed, it is difficult to conceive of any situation where there is an absence of alternatives or additions to claim
`language. But this alone has little to do with whether a term’s scope can be ascertained with reasonable certainty
`from what is disclosed. See Nautilus, 134 S. Ct. at 2124.
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`or (3) at least one piece of data from additional information and some/all of the imagery data is
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`required. Doc. No. 99 at 10. Defendant believes this phrase is indefinite because it is unclear
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`which interpretation the inventor of the ’980 Patent intended and it is further indefinite because if
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`the inventor intended the third option, it is unclear how much of the imagery data is required to
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`satisfy the condition. Id. at 10–11.
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`
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`Plaintiff argues that because all portions of this disputed term can be defined, the term is
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`not indefinite. Doc. No. 102 at 18. In its Response, Plaintiff points out that the Federal Circuit,
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`District Courts, and the PTAB have all published decisions regarding the phrase “at least one
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`of,” and that the requirements of that phrase depend on “the facts and how it is used.” Id. at 15.
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`Plaintiff asserts that the phrase can either be conjunctive, requiring at least one type of data from
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`each category (one additional information and one imagery data), or it can be disjunctive,
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`requiring at least one piece of data from at least one of the categories (either one additional
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`information or one imagery data). Id. at 15–17. Plaintiff argues that here, the phrase is intended
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`to be used in the disjunctive. Id. at 17 (comparing this case to Radware Ltd. v. A10 Networks,
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`Inc., No. C-13-02024-RMW, 2014 WL 1572644, at *6–7 (N.D. Cal. Apr. 18, 2014). In other
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`words, one would meet the limitation if he used either one “additional information” or one
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`“imagery data” to identify a response agency. To support its argument, Plaintiff states “[o]ne of
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`the inventive features of the ’980 Patent is that the security system has the ability to take one
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`piece of data (either ‘additional information’ or ‘imagery data’) and select the appropriate
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`response agency. If the additional information is toxicity levels or presence of chemical
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`compounds in the air, the claim limitation is that the security system contacts FEMA, the
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`appropriate agency. If the imagery data is the trigger for contacting an appropriate agency, then a
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`piece of data, such as ‘the image was taken under water,’ is the condition for contacting a
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`response agency dealing with flooding which, in this instance, could be FEMA again.” Id. at 18,
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`citing ’980 Patent at 10:45–47.
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`In further support of its assertion that “. . . based on at least one of the additional
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`information and the imagery data . . .” was meant to be used in the disjunctive, Plaintiff points to
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`several recent cases. Doc. No. 102 at 17. Plaintiff refers to Radware Ltd. v. A10 Networks, Inc.,
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`where the court construed “based on at least one of” in the disjunctive because the patent in that
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`case only involved selecting from a set of two categories (hops and latency). Radware Ltd. v.
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`A10 Networks, Inc., No. C-13-2021-RMW, 2014 WL 1572644, at *7 (N.D. Cal. Apr. 18, 2014).
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`The court stated, “[t]he inventors used ‘at least one of’ hops and latency as a shorthand for hops,
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`or latency, or hops and latency. If the inventors had limited their claims to only ‘hops and
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`latency,’ the phrase ‘at least one of’ would be unnecessary: the claim could simply read ‘wherein
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`said network controller determines proximities based on hops and latency.’” Id.
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`Defendant argues that this case is different from Radware because here, “additional
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`information” refers to “a set of multiple types of information, any of which may satisfy the
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`condition,” but in Radware, the patent referred to “hops” and “latency,” both of which were
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`references “to the value[s] of [ ] single variable[s].” Doc. No. 105 at 7. Defendant contends that
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`this case more closely resembles SuperGuide. In SuperGuide, the Court construed “at least one
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`of” as requiring “at least one of each desired criterion.” SuperGuide Corp. v. DirecTV
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`Enterprises, Inc., 358 F. 3d 870, 885 (Fed. Cir. 2004). The Court stated that each of the four
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`categories consisted of many possible values, and “[t]he phrase ‘at least one of’ precedes [the]
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`series of categories of criteria, which connotes a conjunctive list.” Id. at 886. The Court
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`“conclud[ed] that nothing in the specification rebut[ted] the presumption that the [ ] patentee
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`intended the plain and ordinary meaning” of the phrase, and “[e]very disclosed embodiment
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`9
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`[taught] that the user must choose a value for each designated category.” Id. at 887. Further, the
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`court noted that the “patentee never explicitly stated that ‘and’ should [have] been interpreted as
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`‘or’ in the claim language.” Id. at 886.
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`
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`Plaintiff points to caselaw stating that SuperGuide did not create a “universal rule” that
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`“based on at least one of” is conjunctive. Doc. No. 102 at 15. For instance, the Northern District
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`of Illinois decided that construing a claim term in the conjunctive under the case-specific
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`analysis discussed in SuperGuide would, in that case, “render claim language superfluous and
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`would be inconsistent with the specification, which teaches that, at least sometimes, certain fields
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`may be blank.” Rowe Intern. Corp. v. Ecast, Inc., 500 F. Supp. 2d 891, 909 (N.D. Ill. 2007)
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`(discussing the “fields” (or categories) of song title, song category, song address, song size,
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`graphics address, graphics size, and play count). In Rowe Intern. Corp., each category could only
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`have a maximum of one record (i.e., each song only had one title, one song category, etc.).
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`Another court has construed “based on at least on of” in the disjunctive. Joao v. Sleepy
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`Hollow Bank, 348 F. Supp. 2d 120, 123–24 (S.D.N.Y. 2004) (discussing the phrase “wherein the
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`banking transaction is at least one of a clearing transaction, a check clearing transaction, an
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`account charging transaction, and a charge-back transaction”). The court in Joao construed this
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`phrase to mean “[o]ne or more of one or more of the items contained in the list.” Id. at 124. The
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`court noted that to be grammatically correct, one would need to construe this phrase in the
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`conjunctive, which is the “plain and ordinary meaning” of the claim. Id. However, the court
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`pointed out that reading this phrase in the conjunctive in the context of the patent in that case
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`“would render the claims utter nonsense” because one banking transaction cannot be all four of
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`the categories listed. Id. In other words, a banking transaction is either a clearing transaction, a
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`check clearing transaction, an account charging transaction, or a charge-back transaction. Id.
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`According to SuperGuide, there is a presumption to construe this phrase according to its
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`plain and ordinary—conjunctive—meaning; however, the patent can rebut the presumption and
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`require a different construction. See SuperGuide Corp., 358 F. 3d 870. The court in Pinpoint Inc.
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`v. Amazon.com found that although SuperGuide construed “at least one of” to mean requiring at
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`least one item from each category, the prosecution history of the patent at issue “explicitly
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`asserted” a disjunctive construction. Pinpoint Inc. v. Amazon.com, No. 03-C-4954, 2004 WL
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`5681471, at *16 (N.D. Ill. Sept. 1, 2004). Here, as in Joao and Pinpoint Inc., the patent’s
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`description of “based on at least one of” rebuts the presumption that the Court should apply the
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`conjunctive reading this of the term.
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`In the claims of the ’980 Patent, the term “based on at least one of the additional
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`information and the imagery data” is discussed in the context of choosing the appropriate
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`response agency. In other words, a response agency is chosen based on those two categories of
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`information. SuperGuide instructs this Court to look to the plain and ordinary meaning of this
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`phrase first, which is the grammatically correct—conjunctive—reading. SuperGuide Corp., 358
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`F. 3d at 885–88. Then, because the construction of this phrase is specific to the patent at hand,
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`the Court must look to the specification to determine if it rebuts the presumption that the phrase
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`should be given its plain and ordinary meaning. Based on the claims, specification, and the
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`caselaw discussed above, the Court concludes that this phrase was meant to be understood in the
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`disjunctive because the “specification rebuts the presumption that the language should be given
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`its plain and ordinary meaning,” as it specifically provides for the possibility of using only the
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`“additional information” when identifying a response agency. See Joao v. Sleepy Hollow Bank,
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`348 F. Supp. 2d 120, 123–24 (S.D.N.Y. 2004).
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`11
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`The specification states that when the central station receives the alarm signal, “realtime
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`video information” is displayed along with other potentially helpful information, and “[u]pon
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`receiving the alarm notification signal at the central station [ ], a number of emergency response
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`agencies associated with the secured location [ ] are identified.” ’980 Patent at 6:7–18. This
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`language, although it does discuss the “realtime video information,” indicates that “additional
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`information” may be used to identify a response agency, even in the absence of “imagery data”
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`because the language clearly states that the identification happens “upon receiving the alarm
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`notification signal,” not upon receiving “imagery data.” See id. In fact, that preferred
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`embodiment only refers to the imagery data to state that it is displayed at the time of the alarm
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`signal. Id.
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`“Although the specification may aid the court in interpreting the meaning of disputed
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`language in the claims, particular embodiments and examples appearing in the specification will
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`not generally be read into the claims.” Constant v. Advanced Micro-Devices, Inc., 848 F.2d
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`1560, 1571 (Fed. Cir. 1988); see also Phillips, 415 F.3d at 1323. However, “[a] claim
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`interpretation that excludes a preferred embodiment from the scope of the claim ‘is rarely, if
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`ever, correct.” Globetrotter Software, Inc. v. Elam Computer Group Inc., 362 F.3d 1367, 1381
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`(Fed. Cir. 2004) (quoting Vitronics Corp., 90 F.3d at 1583). If the Court were to construe this
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`term in the conjunctive, it would be excluding the preferred embodiment that a response agency
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`is identified “[u]pon receiving the alarm notification signal at the central station.” See ’980
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`Patent at 6:7–18.
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`Further, Plaintiff correctly points out that the manner in which this term is used in the
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`’980 Patent is similar to the patent in Radware, where there were only two categories following
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`the phrase “at least one of” (which were hops and latency in that case). The court stated:
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`“the phrase ‘at least one of’ in the claims of the [ ] Patent is only used to select
`between two parameters separated by ‘and.’ The inventors used ‘at least one of’
`hops and latency as a shorthand for hops, or latency, or hops and latency. If the
`inventors had limited their claims to only ‘hops and latency,’ the phrase ‘at least
`one of’ would be unnecessary: the claim could simply read ‘wherein said network
`controller determines proximities based on hops and latency.’”
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`Radware Ltd., 2014 WL 1572644, at *7. Similarly, if this phrase in the ’980 Patent was meant to
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`be used in the conjunctive, “at least one of” would be an unnecessary addition to this phrase, and
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`instead, the claims should read “the response agency is identified from among a plurality of
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`response agencies based on the additional information and the imagery data.” Although the
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`categories in Radware only consisted of single variables, the case is no less on point. Here, as in
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`Radware, there were only two categories, and if the patentee had intended to require both
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`“additional information” and “imagery data” to identify a response agency, it could have simply
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`been written in that manner. Additionally, although Defendant contends that the ’980 Patent
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`more closely resembles the patent in SuperGuide, the court in SuperGuide explicitly stated that
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`nothing in the specification rebutted the presumption to construe the phrase in the conjunctive.
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`Here, a preferred embodiment makes clear that a response agency can be identified by using only
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`additional information. See Globetrotter, 362 F. 3d at 1381.
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`B. “Additional information” and “Imagery data”
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`Defendant states that the patent describes multiple types of “additional information” and
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`“imagery data” and “the two are always discussed as separate and distinct from each other.” Doc.
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`No. 99 at 9. Defendant argues indefiniteness issues arise, however, when attempting to analyze
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`“additional information” and “imagery data” individually. In its Motion, Defendant stated that
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`“additional information” is not indefinite, but in its Reply, Defendant clarified that because
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`Plaintiff believes “additional information” includes video, and because Defendant disagrees,
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`“additional information” must be indefinite. Doc. Nos. 99 at 9 & 105. at 4. Defendant also
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`believes that the specification defines “additional information,” ‘real-time imagery data,” and
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`“real-time data” the same, which creates an indefiniteness issue with this term. Doc. No. 105 at
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`5.
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`Defendant argues that the term “imagery data” is also indefinite and “it is impossible for
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`a POSITA to know how to identify a response agency ‘based on … the imagery data …’ because
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`there is no definition of ‘imagery data’ or teaching on identification of an appropriate response
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`agency based on the imagery data.” Doc. No. 99 at 12. Defendant further argues that a POSITA
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`could not determine whether the “imagery data” used to identify a response agency is the
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`“received imagery data” or the “processed imagery data,” which makes this term further
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`indefinite. Id. at 12–13.
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`Plaintiff bases its definition of “additional information” on the specification and contends
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`the phrase means:
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`“video; information other than realtime images; the type of alarm such as fire,
`unauthorized entry, medical emergency; whether one or more individuals appear
`at a secured location; data relating to the secured location such as structural
`attributes, building layout, floor plan, locations of cameras positioned throughout
`the secure location; escape routes; entrance and exit points of a building; items
`maintained at the secured location such as hazardous materials; conditions at the
`secured location such as temperature, pressure, toxicity levels, presences of
`chemical compounds in the air; data about a particular person detected from the
`realtime imagery; the identity of the individual; and a sound in the form of voice
`data.”
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`Doc. No. 102 at 14–15 (internal citations omitted). Additionally, in response to Defendant’s
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`assertion that “imagery data” is indefinite because it is undefined, Plaintiff attempts to provide a
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`definition to this phrase:
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`“the geophysical coordinates of the imagery; the elevation of the imagery; the
`degree above or below sea-level of the imagery; whether the imagery is under
`water; whether the imagery is of a terrestrial scene or taken in space; the time that
`the imagery was captured (if not real-time); and physiological characteristics of a
`scanned object, such as a fingerprint.”
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`Doc. No. 102 at 14–15, citing Doc. No. 103 (decl