Taction Technology, Inc. v. Apple Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TACTION TECHNOLOGY, INC., Case No.: 21-CV-812 TWR (JLB)

12 Plaintiff, TENTATIVE REVISED CLAIM 13 v. CONSTRUCTION ORDER

14 APPLE INC.,

15 Defendant. 16 17 Presently before the Court is Defendant Apple Inc.’s Amended Motion for Summary 18 Judgment (“Mot.,” ECF Nos. 299 (public), 313 (sealed)), which is set for oral argument on 19 Thursday, July 13, 2023, at 1:30 p.m. in Courtroom 3A. In light of the arguments and 20 positions presented in the Parties’ summary judgment briefing and attached expert reports, 21 the Court issues the following tentative revised claim construction order. See In re Papst 22 Licensing Digit. Camera Pat. Litig., 778 F.3d 1255, 1261 (Fed. Cir. 2015) (“[A] district 23 court may (and sometimes must) revisit, alter, or supplement its claim constructions . . . to 24 the extent necessary to ensure that final constructions serve their purpose of genuinely 25 clarifying the scope of claims for the finder of fact.” (citing O2 Micro Int’l Ltd. v. Beyond 26 Innovation Tech. Co., 521 F.3d 1351, 1359 (Fed. Cir. 2008))); Conoco, Inc. v. Energy & 27 Env’t Int’l, L.C., 460 F.3d 1349, 1359 (Fed. Cir. 2006) (“[D]istrict courts may engage in 28 ‘rolling claim construction, in which the court revisits and alters its interpretation of the 1 claim terms as its understanding of the technology evolves.’” (quoting Guttman, Inc. v. 2 Kopykake Enters., Inc., 302 F.3d 1352, 1361 (Fed. Cir. 2002))). 3 At the July 13, 2023 hearing, the Parties should be prepared to discuss the following 4 revised claim constructions: 5 1. The Court tentatively construes the term “wherein the ferrofluid reduces at 6 least a mechanical resonance within the frequency range of 40–200 Hz” as “wherein the 7 ferrofluid reduces at least a mechanical resonance within the frequency range of 40–200 8 Hz, and wherein the output of the transducer is highly damped (i.e., the output is 9 substantially uniform or flat over the normal operating frequency range of the device), that 10 highly damped output is achieved by the ferrofluid, and the transducer has a Q-factor of 11 less than 1.5.” 12 2. The Court tentatively construes the term “wherein the ferrofluid reduces the 13 Q-Factor of the response of the apparatus over at least a portion of the frequency range of 14 40–200 Hz” as “wherein the ferrofluid reduces the Q-Factor of the response of the 15 apparatus over at least a portion of the frequency range of 40–200 Hz, and wherein the 16 output of the transducer is highly damped (i.e., the output is substantially uniform or flat 17 over the normal operating frequency range of the device), that highly damped output is 18 achieved by the ferrofluid, and the transducer has a Q-factor of less than 1.5.” 19 3. The Court tentatively construes the term “wherein the viscous ferrofluid 20 reduces at least a resonance within a frequency range of 40–200Hz” as “wherein the 21 viscous ferrofluid reduces at least a resonance within a frequency range of 40–200Hz, and 22 wherein the output of the transducer is highly damped (i.e., the output is substantially 23 uniform or flat over the normal operating frequency range of the device), that highly 24 damped output is achieved by the viscous ferrofluid, and the transducer has a Q-factor of 25 less than 1.5.” 26 4. The Court tentatively construes the term “wherein the ferrofluid damps at least 27 a resonance” as “wherein the ferrofluid damps at least a resonance, and wherein the output 28 of the transducer is highly damped (i.e., the output is substantially uniform or flat over the | ||normal operating frequency range of the device), that highly damped output is achieved by 2 ||the ferrofluid, and the transducer has a Q-factor of less than 1.5.” 3 IT IS SO ORDERED. 4 ||Dated: July 11, 2023 — [5d 1S 6 Honorable Todd W. Robinson United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28