Lufthansa Technik AG v. Astronics Advanced Electronic Systems Corp.

711 F. App'x 638
CourtCourt of Appeals for the Federal Circuit
DecidedOctober 19, 2017
Docket2016-2535
StatusUnpublished
Cited by1 cases

This text of 711 F. App'x 638 (Lufthansa Technik AG v. Astronics Advanced Electronic Systems Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lufthansa Technik AG v. Astronics Advanced Electronic Systems Corp., 711 F. App'x 638 (Fed. Cir. 2017).

Opinion

Hughes, Circuit Judge.

Lufthansa Technik AG appeals from the district court’s grant of summary judgment of invalidity with respect to all claims of U.S. Patent 6,016,016. Because we conclude that the claim term “control means” is indefinite, we affirm on that alternative ground.

I

Lufthansa asserted the ’016 patent against Astronics Advanced Electronic Systems Corp. and Kid-Systeme Gmbh (collectively, AES) in the District Court for the Western District of Washington. The ’016 patent relates to a voltage supply apparatus for airplane seats. Power outlets on airplane seats allow passengers to charge their electronic devices, such as laptops or tablets, mid-flight. Power outlets on airplanes, however, present certain safety concerns. For instance, passengers, especially small children, might insert foreign objects like needles or paper clips into the outlet and cause an electric shock.

The ’016 patent discloses a device that reduces the risk of electric shocks by only supplying voltage when passengers insert an electrical plug with two contact pins. The device includes a circuit that detects when both pins of an electrical plug are inserted within a short time of one another. That way, the outlet supplies voltage when a two-prong electrical plug is inserted, but not when a passenger inserts an object such as a needle or paperclip into one opening of the outlet.

Claim 1, in relevant part, states:
A voltage supply apparatus for providing a supply voltage for an electric device comprising ... control means responsive to plug presence detection by said plug detector means for rendering the voltage supplying means operative to supply the supply voltage to the socket only if the time between the detection of a first contact pin and the subsequent detection of a second contact pin of the plug does not exceed a predetermined maximum time value.

’016 patent at col. 8, 11. 21-40 (emphasis added).

AES filed a motion for summary judgment arguing that both “control means” and “subsequent detection” are indefinite. “Control means” is a means-plus-function limitation, which the district court construed to have the function of “rendering the voltage supplying means operative to supply voltage to the socket,” and its associated structure as “logic elements to receive and transmit internal and external signals and configured to activate switches based upon those signals,” J.A. 14-15. The court held that “control means” was not indefinite because “disclosure of circuitry is not required for a person skilled in the art to understand this term.” J.A. 14.

The district court also construed “subsequent detection” to exclude simultaneous detection. Relying on the prosecution history, the court found that Lufthansa made a “clear and unmistakable disavowal” of simultaneous detection to avoid a prior art that disclosed a device to detect the presence of an electrical plug in a power outlet. And because the ’016 patent does not adequately define “simultaneous detection” or “subsequent detection,” the court concluded that “the claim is left trying to cover an ambiguous range of time.” J,A. 18-19. Accordingly, the district court held that “subsequent detection” was indefinite, and granted AES’s motion for summary judgment of invalidity.

We have jurisdiction under 28 U.S.C. § 1295(a)(1).

II

We begin with the district court’s construction of “control means.” The district court’s ultimate claim construction is a legal question that we review de novo, and any subsidiary factual determinations are reviewed for clear error. Teva Pharm, USA, Inc. v. Sandoz, Inc., — U.S. —, 135 S.Ct. 831, 836, — L.Ed.2d — (2015). We construe patent terms according to their plain and ordinary meaning as understood by a person of ordinary skill in the art. Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005). We also review the district court’s indefiniteness determination de novo. Interval Licensing LLC v. AOL, Inc., 766 F.3d 1364, 1370 (Fed. Cir. 2014).

Under 35 U.S.C. § 112 paragraph 6, 1 “[a]n element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof.” Such means-plus-function limitations, however, only cover the “corresponding structure, material, or acts described in the specification and equivalents thereof.” Id. Accordingly, “the applicant must indicate in the specification what structure constitutes the means.” Biomedino, LLC v. Waters Techs. Corp., 490 F.3d 946, 948 (Fed. Cir. 2007). “Failure to specify the corresponding structure in the specification amounts to impermissible pure functional claiming.” Ergo Licensing, LLC v. Care-Fusion 303, Inc., 673 F.3d 1361, 1363 (Fed. Cir. 2012).

In some circumstances, the specification can provide adequate structure to support a means-plus-function limitation by calling out standard electronic components, even without detailing the component’s internal circuitry or operation. S3 Inc. v. NVIDIA Corp., 259 F.3d 1364, 1370 (Fed. Cir. 2001). In S3, the claims recited a “means ... for selectively receiving.” Id. The specification disclosed a “selector” as the corresponding structure without providing any information about the selector’s circuitry or operation: Id. The patentee, however, “presented evidence that a selector is a standard electronic component whose structure is well known in this art, and that such standard components are usually represented in the manner shown.” Id. Accordingly, we found that the selector provided adequate structure' for the “means for selectively receiving.” Id. at 1371.

By contrast, reciting a generic term for an electronic component is insufficient if an ordinary artisan would not associate the claimed component with a specific, well-known structure. Ergo Licensing, 673 F.3d at 1365. In Ergo Licensing, the patent claimed a “programmable control means having data fields describing metering properties of individual fluid flows.” Id. at 1363. The patent disclosed a “control device” as the corresponding structure, without any additional details about its design or circuitry. Id. Importantly, the control device in Ergo Licensing could have been one of “at least three different .types of control devices commonly available and used at the time to control adjusting means.” Id. at 1364. We held that “[t]he recitation of ‘control device’ provides no more structure than the term ‘control means’ itself, rather it merely replaces the word ‘means’ with the generic term ‘device.’” Id. at 1363-64.

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