`FOR THE DISTRICT OF DELAWARE
`
`ETHANOL BOOSTING SYSTEMS,LLC,
`and MASSACHUSETTSINSTITUTE OF
`TECHNOLOGY
`
`Plaintifts,
`
`Vv.
`
`FORD MOTOR COMPANY
`
`Civil Action No. 19-cv-196-CFC-SRF
`JURY TRIAL DEMANDED
`
`Defendant.
`
`[pROPOSEDLORDER
`
`For the reasons articulated during the Markmanhearing held on January 8, 2020, the Court
`
`adopts the following constructions ofthe limitations in U.S. Patent No. 8,069,839 (°839), U.S.
`
`Patent No. 9,255,519 (°519), U.S. Patent No. 9,810,166 (’166), and U.S. Patent No. 10,138,826
`
`(7826):
`
`IL
`
`Disputed Claim Constructions:
`
`CLAIM TERM
`
`COURT’S CONSTRUCTION
`
`°826 (Claims 13-15, 20, 32-33
`
`“fuel that is directly injected” [’839 (Claim|“‘a fuel that contains an anti-knock agentthat
`1), 166 (Claims 1-4, 19)]
`is not gasoline, and that is different from the
`fuel used for port injection/in the second
`“directly injected fuel” [’839 (Claims 2-5),_|fueling system”
`°166 (Claims1, 14, 15)]
`
`“fuel provided by direct injection” [’ 166
`(Claims 5, 16, 22, 27, 28)]
`
`“fueling that is provided by thefirst fueling
`system”[’826 (Claims 2-8)]
`
`“fueling from the first fueling system”
`[’826 (Claims 10, 11)]
`
`“fuel provided by thefirst fueling system”
`
`FORD Ex. 1041, page 1
`IPR2019-01400
`
`FORD Ex. 1041, page 1
` IPR2019-01400
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`
`
`EXHIBIT A
`
`“fuel is provided by a first fueling system”
`[°826 (Claims 21, 31)]
`
`“first fueling system that directly injects
`fuel” [°519 (Claims 1, 13, 19)]
`
`The term “fuel” in these limitationsis
`construed to require “a fuel that contains an
`anti-knock agent that is not gasoline, and that
`“first fueling system”[7519 (Claims 1-3,5,|is different from the fuel used for port
`10-11, 13-14, 16-19, 21, 24-25, 27-30), ’826|injection/in the second fueling system.”
`(Claims 1-8, 10-21, 23-26, 31-33)]
`
`“direct injection” [’839 (Claims 1, 8), °519|“direct injection of fuel into a
`(Claims 12, 13, 19, 31), ?166 (Claims 1, 5 13,|cylinder”
`16, 18-19, 21-22, 25-28, 30), °826 (Claims 1,
`12, 21, 31)]
`
`The term “fuel” in these limitations is further
`construed to require “a fuel that contains an
`“direct fuel injection”[’166 (Claims 1, 19)]|anti-knock agentthat is not gasoline, and that
`is different from the fuel used for port
`injection/in the second fueling system.”
`
`“above a selected torque value the ratio of|Plain and ordinary meaning
`fuel that is directly injected to fuel that is
`port injected increases”[’839 (Claim 1)]
`
`“decreases with decreasing torque” [’519
`(Claim 1)]
`
`“decreases with decreasing torque unless and
`until the ratio reaches zero”
`
`“closed loop control that utilizes a sensor
`that detects knock” [°519 (Claim 1)]
`
`Plain and ordinary meaning
`
`Claims 1-8, 10-15, 20-25, 31-33
`
`“torque” [’839 (Claims 1-2, 7-8), °519
`(Claims1, 3-4, 6, 10-11, 15, 18-20, 22, 26,
`29), °166 (Claims 1-4, 7-8, 10, 14-16, 19-21,
`23, 26-29), °826 (Claim 1-8, 10-15, 20-24,
`31-33)]
`
`“input from the knock sensoris utilized in
`a closed loop control system that controls”
`[°519 (Claims 14, 25)]
`
`“where closed loop control with a knock
`detector is used” [’519 (Claims 18, 29)]
`
`Plain and ordinary meaning
`
`“torque range”[’519 (Claims 19, 20, 22),
`°166 (Claims 1, 10, 14-16, 20, 28-29), ’826
`
`Plain and ordinary meaning
`
`FORD Ex. 1041, page 2
`IPR2019-01400
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`FORD Ex. 1041, page 2
` IPR2019-01400
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`
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`EXHIBIT A
`
`“range of torque”[°519 (Claims1, 4), 166
`
`II.
`
`Agreed-Upon Claim Constructions:
`
`“port injection” [’839 (Claims 1), °166
`(Claims1, 19)]
`
`“injection of fuel into an intake
`port or intake manifold”
`
`AGREED CONSTRUCTION
`
`“port fuel injection” [’839 (Claim 7), °166
`(Claims 1, 7, 10-12, 19, 22-23, 26, 28), °826
`(Claims 1, 12, 21, 31)]
`
`“direct injection” [’839 (Claims 1, 8),’519|“direct injection of fuel into a
`(Claims 12, 13, 19, 31), ?166 (Claims 1,5 13,|cylinder”
`16, 18-19, 21-22, 25-28, 30), °826 (Claims 1,
`12, 21, 31]
`
`“direct fuel injection” [’ 166 (Claims 1, 19)]
`
`“first fueling system that directly injects
`fuel” [’519 (Claims 1, 13, 19)]
`
`Plain and ordinary meaning
`
`“first fueling system” [’519 (Claims 1-3, 5,
`10-11, 13-14, 16-19, 21, 24-25, 27-30), °826
`(Claims 1-8, 10-21, 23-24, 26, 31-33)]
`
`“first fueling system that uses direct
`injection”[’826 (Claims 1, 12)]
`
`(Claims 7-8, 19)]
`
`injection”[’826 (Claims 21, 31)]
`
`“second fueling system that injects fuel into|Plain and ordinary meaning
`a region outside of the cylinder” [’519
`(Claim 1)]
`
`“second fueling system” [’826 (Claims1, 12,
`21, 23-24, 31, 33)]
`
`“second fueling system using port fuel
`
`FORD Ex. 1041, page 3
`IPR2019-01400
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`FORD Ex. 1041, page 3
` IPR2019-01400
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`EXHIBIT A
`
`
`
`
`“employs spark retard so as to reduce the
`“uses spark retard so as to reduce the amount
`amountof fuel that is introduced into the
`of fuel that is introduced into the cylinder by
`
`
`
`cylinder by the first fueling system”[°519
`direct injection”
`
`
`
`(Claim 1)]
`
`
`
`
`
`“spark retard is employed to as to reduce
`“spark retard is used so as to reduce to zero
`the amountof fuel that is provided by the
`the amount offuel that is provided by direct
`
`
`
`first fueling system to zero” [’519 (Claim
`injection”
`
`
`
`2))
`
`
`
`“input” [’519 (Claims 13-14, 24-25)]
`
`“information, including one or more signals”
`
`
`
`The Honorable Colm F. ConngHy
`United States District Judge
`
`
`
`FORD Ex. 1041, page 4
`IPR2019-01400
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`FORD Ex. 1041, page 4
` IPR2019-01400
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`