JBF Interlude 2009 Ltd - Israel v. Quibi Holdings, LLC

I. INTRODUCTION

This claim construction order construes disputed terms in U.S. Patent Nos. 10,460,765 (“the ’765 Patent’’), 8,660,220 (“the 220 Patent’), and 10,418,066 (“the □□□□ Patent”). The disputed terms arise in the context of patent infringement claims brought in two related cases. Quibi filed the first-filed action on March 9, 2020, Case No. 2250 (“Quibi ECF’’) No. 1, and its operative first amended complaint on May 12, 2020. Quibi ECF No. 25. Eko filed a separate action against Quibi on March 10, 2020, Case No. 2299 (“Eko ECF”) No. 1, and its operative fifth amended complaint on January 28, 2021. Eko ECF No. 425. Quibi seeks a declaratory judgment of non-infringement of the □□□□ Patent and Eko alleges that Quibi’s Turnstyle technology infringes the ’765 Patent, the °220 Patent, and the ’066 Patent. The Court previously considered the patents as part of its Order denying Eko’s motion for a preliminary injunction. See ECF No. 260 (“PI Order’).! After the Court issued its PI Order, the parties proceeded with discovery and have now reached claim construction. As relevant here, the parties filed their Joint Claim Construction and Prehearing Statement on December 21,…