24/7 Customer, Inc. v. LivePerson, Inc.
Opinion
Lead Opinion
Tigar, J.
CLAIM CONSTRUCTION ORDER
Before the Court is Plaintiff 24/7 Customer, Inc.’s (“[24]7”) Opening Claim Construction Brief, ECF No. 89. [24]7 and Defendant LivePerson, Inc. (“LivePerson”) propose competing constructions of four terms in U.S. Patent No. 8,396,741 (“the ’741 patent”), two terms in U.S. Patent No. 6,798,876 (“the ’876 patent”), and four terms in U.S. Patent Nos. 8,737,599 (“the ’599 patent”) and/or 9,077,804 (“the ’804 patent”). The Court construes the terms as set forth below.
I. BACKGROUND
On June 22, 2015, [24]7 filed a Complaint against LivePerson, alleging infringement of four patents. No. 15-cv-02897, ECF No. 1. Subsequently, [24]7 filed a Complaint against LivePerson on December 7, 2015, alleging infringement of eight other patents. No. 15-cv-05585, ECF No. 1. On January 5, 2016, the Court consolidated the two cases, designated Case No. l5-cv-02897 as the lead case, and ordered all documents to be filed in the lead case. ECF No. 57. 1 On January 7, 2016, [24]7 amended its Complaint for Case No. 15-cv-02897 to allege infringement of a fifth patent. ECF No. 63. As a result of a Court-ordered reduction in the number of asserted claims, the Court, pursuant to the…