Koito Manufacturing Co. v. Turn-Key-Tech, L.L.C.

ORDER CONSTRUING CLAIMS

In this patent infringement case, Koito Manufacturing Co., Ltd. and North American Lighting, Inc. (collectively, “Koito”) filed a complaint for a declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Patent No. 5,045, -268 (the ’268 patent), against Turn-Key-Tech, LLC and Jens Ole Sorensen (collectively, “Turn-Key”). On March 28, 2002, Turn-Key filed an answer to the complaint in which it counterclaimed for patent infringement. On April 17, 2002, Koito filed an answer to the counterclaim. On October 15, 2002, Turn-Key filed an opening brief supporting its construction of the disputed terms of the ’268 patent. On October 28, 2002, Koito filed its responsive brief, and on November 4, 2002, Turn-Key filed its reply. On November 12, 2002, the court held a hearing in accordance with Markman v. Westview Instruments Inc., 517 U.S. 370 , 116 S.Ct. 1384 , 134 L.Ed.2d 577 (1996), to construe the disputed claims of the ’268 patent. The parties seek construction of numerous limitations in claims 1 and 21, which are the two independent claims of the ’268 patent. The disputed terms include “cross-laminated section,” “predetermined general…