Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fujitsu Limited v. Tellabs Operations

July 27, 2012

FUJITSU LIMITED
v.
TELLABS OPERATIONS, INC.



Order Form (01/2005)

Name of Assigned Judge Sitting Judge if Other or Magistrate Judge James F. Holderman than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

"Fujitsu's Motion Regarding U.S. Patent No. 7,227,681: 'Active' Versus Passive Claim Terms" [649] is granted in part and denied in part by the court's construing the disputed term "transmitting" which is the only disputed term raised in this motion [649] in claims 1, 2, 4, 6, 7 and 8 of the '681 Patent, the claims that Fujitsu intends to assert at the trial commencing August 27, 2012. The claim term "transmitting" when used as a verb in the '681 Patent means "engaged in the transmission of." The parties are encouraged to further discuss settlement.

O[ For further details see text below.] Notices mailed by Judicial staff.

STATEMENT

Fujitsu in its motion [649] is asking for further construction of claim terms. The motion became fully-briefed five days ago. The court grants in part and denies in part the motion by obliging Fujitsu's request as to claims 1, 2, 4 6, 7 and 8. Because the issues regarding claims 1, 2, 4, 6, 7 and 8 of Fujitsu's '681 Patent are set to commence trial one month from today, on August 27, 2012, and counsel for the parties are busy finalizing trial preparation, the court has truncated the fullness of its explanation to provide counsel this ruling as promptly as possible.

The court understands the need to approach claim construction in a manner which adheres to the principles set forth in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005) (en banc), which means the court is to first examine the claim language itself and refer to the specification to understand the claims. Id. at 1315.

Raised in Fujitsu's motion [649] are the claim terms "transmitting," "making," and "receiving" used as verbs in the independent claims 1, 6, 9, and 14 of the '681 Patent as follows (bolded):

1. An optical transmission system comprising: a transmitting terminal transmitting a wavelength division multiplexed (WDM) optical signal having a variable number of channels associated with different wavelengths;

6. An apparatus comprising: . . . the optical amplifier including: an optical attenuator which controls a level of the amplified WDM optical signal, an optical filter making the gain substantially even with respect to said different wavelengths, and a controller which controls the gain to be approximately constant.

9. An optical transmission system comprising: a transmitting terminal transmitting a wavelength division multiplexed (WDM) optical signal having a variable number of channels associated with different wavelengths; an optical amplifier which amplifies the WDM optical signal from the transmitting terminal with a gain and outputs the amplified WDM optical signal, the optical amplifier including: an optical attenuator which controls a level of the amplified WDM optical signal, an optical filter making the gain substantial even with respect to said different wavelengths, and a controller which controls the gain to be approximately constant; and a receiving terminal receiving the amplified WDM optical signal from the optical amplifier.

14. An apparatus comprising: . . . the optical amplifier including: . . . an optical filter making the gain substantially flat with respect to said different wavelengths, . . . . '681 Patent, col. 22, l. 4 - col. 24, l. 10.

In the claims to be tried on August 27, 2012, claim 1 is the only claim in which any of the raised terms is used. That claim term is "transmitting." It is used both as an adjective in claim 1 to modify the noun "terminal" and as a verb to describe the action engaged in by the terminal. It has long been the law that words of a claim are generally given their ordinary and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.