In Re Cygnus Telecommunications Technology

In Re Cygnus Telecommunications Technology, LLC, Patent Litigation

Good Law

481 F. Supp. 2d 1029·2007 WL 988120·2007 U.S. Dist. LEXIS 27775

United States District Court, Northern District of CaliforniaMarch 29, 2007MDL No. 1423. This Order Applies to All Actions Nos. C-02-00142 RMW, C-02-00145 RMW, C-02-05437 RMW, C-03-03378 RMW, C-03-03594 RMW, C-03-03596 RMW, C-03-04003 RMW, C-04-03001 RMW, C-04-03365 RMW, C-04-04247 RMW, C-04-04359 RMW, C-06-03843 RMW, C-06-04295 RMW, C-06-06479 RMWCalifornia10,524 words

Opinion

Whyte, J.

CLAIM CONSTRUCTION ORDER AND ORDERS ON VARIOUS SUMMARY JUDGMENT MOTIONS

Cygnus has sued numerous defendants for infringement of U.S. Patent Nos. 5,883,964 (“'964 patent”) and 6,035,027 (“'027 patent”). Proceedings from various districts across the country have been consolidated before this court. Cygnus asserts claims 1 and 6 of the '964 patent and claims 1, 6, and 11 of the '027 patent. Since Cygnus sought to amend claims 6 and 11 of the '027 patent in reexamination proceedings and the Patent and Trademark Office (“PTO”) issued a final rejection on those claims, the claims remaining at issue here are claims 1 and 6 of the '964 patent and claim 1 of the '027 patent. The parties seek construction of a number of claim terms, which are construed below. The defendants move for summary judgment that the patents-in-suit are invalid under 35 U.S.C. §§ 102 (b), 103(a), and 112. The parties cross-move for summary judgment on infringement.

I. CLAIM CONSTRUCTION, INDEFINITENESS, WRITTEN DESCRIPTION & ENABLEMENT

A. Introduction

In an order filed on July 29, 2004, the court ruled on motions for summary judgment brought by certain defendants. The original prosecution history of the…

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