United States District Court, N.D. Illinois, Eastern Division
WORDLOGIC CORPORATION and 602531 BRITISH COLUMBIA LTD., Plaintiffs,
CHICAGO LOGIC, INC., Defendant.
MEMORANDUM OPINION AND ORDER
WordLogic Corp. and its subsidiary 602531 British Columbia
Ltd. (together, “WordLogic”) allege in this suit
that Chicago Logic, Inc. infringed two patents, United States
Patent Nos. 7, 681, 124 (“the ‘124 patent”)
and 8, 552, 984 (“the ‘984 patent”). Doc.
1. The court denied Chicago Logic's motion to dismiss.
Doc. 22. Then, at the parties' request, the court stayed
discovery in order to conduct a mini-Markman hearing
to construe one key term in each patent. Docs. 24, 26;
see Markman v. Westview Instruments, Inc., 52 F.3d
967 (Fed. Cir. 1995) (en banc), aff'd, 517 U.S.
370 (1996); Ceats, Inc. v. Cont'l Airlines,
Inc., 2012 WL 12903148, at *2 (E.D. Tex. Feb. 14, 2012)
(describing “the use of early
‘mini-Markman hearings in conjunction with
limited discovery … to promote judicial economy and
save the parties considerable sums of money in attorneys fees
where an early resolution of the case appears appropriate and
likely”). Having reviewed the parties' written
submissions and heard argument, the court construes the key
terms as set forth below.
court will first briefly summarize the complaint's
allegations and describe the patent claims at issue. In
setting forth WordLogic's allegations at this stage, the
court does not vouch for their accuracy. See Jay E.
Hayden Found. v. First Neighbor Bank, N.A., 610 F.3d
382, 384 (7th Cir. 2010).
develops predictive text technology for computerized devices
such as personal computers, tablets, and smart phones. Doc. 1
at ¶¶ 8-9. One of its products is a predictive
keyboard application called “iKnowU, ” which is
designed to make accurate typing faster and easier for mobile
device users by predicting the letters, words, and phrases
most likely to follow what the user has already typed.
Id. at ¶ 11. The ‘124 and ‘984
patents cover the iKnowU technology. Ibid.
Logic is among WordLogic's competitors. Id. at
¶ 12. One of Chicago Logic's products is Big Buttons
Keyboard Deluxe, which offers suggestions for completing
words as a user types. Id. at ¶¶ 14-15. As
a user enters letters on the keyboard, Big Buttons Keyboard
Deluxe generates and displays a list of “completion
candidates”-i.e., what the user may be
intending to type next. Id. at ¶ 16. When a
list of completion candidates appears, the user has at least
three options. First, she may decline all of the completion
candidates by hitting the space bar, which terminates
automated completion-candidate searching and displays only
the keyboard. Id. at ¶ 17. Second, she may
accept one of the completion candidates by clicking on the
chosen candidate, which also terminates automated
completion-candidate searching and displays only the
keyboard. Id. at ¶ 18. Third, she may choose
one of the completion candidates to initiate more searching
by swiping up on that candidate, causing a new list of
completion candidates (but not the keyboard) to be displayed.
Id. at ¶ 19.
alleges that this feature of Big Buttons Keyboard Deluxe
directly infringes at least Claim 1 of the ‘124 patent.
That claim, with the key term in italics, covers:
1. A method of supporting text entry on a personal computing
device by allowing a user to automatically search for and
select completion candidates displayed in a search list based
on a partial text entry, the method comprising:
(a) receiving a user input signal;
(b) if the user input signal corresponds to declining all
completion candidates displayed in the search list,
terminating automated searching with the search list and
displaying a digital keyboard while not displaying the search
list with no consequence to the text entered into the
personal computing device, and waiting for further user input
from the digital keyboard;
(c) if the user input signal corresponds to accepting a
completion candidate from the search list to replace the
partial text entry and to terminate automated searching,
terminating the automated searching with the search list,
modifying the partial text entry to become the accepted
completion candidate, displaying the digital keyboard while
not displaying the search list, and waiting for further user
input from the digital keyboard; and
(d) if the user input signal corresponds to selecting a
completion candidate from the search list to initiate further
searching, obtaining a new list of completion candidates
based on the selected completion candidate and
displaying the new list of completion candidates in the
search list for further selection while not displaying the
digital keyboard, and waiting for further user input from the
Doc. 28-1 at 46 (emphasis added).
addition to Big Buttons Keyboard Deluxe, Chicago Logic has a
product called Big Buttons Keyboard Standard. Doc. 1 at
¶ 24. Both products “redirect key input from an
application in which text is being entered to the keyboard
application itself when a particular key is held for a
predetermined amount of time, and then redirect key ...