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GLOBESPANVIRATA, INC. v. TEXAS INSTRUMENT

United States District Court, D. New Jersey


April 6, 2005.

GLOBESPANVIRATA, INC., Plaintiff,
v.
TEXAS INSTRUMENT, INC., THE LELAND STANFORD JUNIOR UNIVERSITY and its BOARD OF TRUSTEES, and STANFORD UNIVERSITY OTL, LLC, Defendants. TEXAS INSTRUMENT, INC., Counterclaimant, v. GLOBESPANVIRATA, INC. and CONEXANT SYSTEMS, INC., Counterclaim Defendants.

The opinion of the court was delivered by: GARRETT BROWN, District Judge

MARKMAN ORDER

This matter having come before the Court upon motions to construe certain disputed claim terms in the patents-in-suit; and having reviewed the parties' submissions and having considered the parties' arguments set forth at the Markman hearing which was held on January 31, 2005; and for the reasons set forth on the record;

IT IS THIS 6th of April, 2005 hereby

  ORDERED that the disputed claim terms have the following meanings:

  1. "a programmed and possibly frequency-variable transmit power mask" means "a programmed limit on the maximum amount of power to be transmitted in each of the several carriers which can vary by carrier";

  2. "the programmed power mask" means "a programmed limit on the maximum amount of power to be transmitted in each of the several carriers which can vary by carrier";

  3. "power or power-spectral-density constraint" means "an absolute limit in the transmitter power or a limit in maximum transmit power allowed at particular frequencies";

  4. "subcarrier-indexed estimates of transmission quality" does not require that the measurements of the estimates be determined by any of the four factors enumerated in the preamble;

  5. "sorting the subcarrier-indexed estimates of the transmission quality, scaled by the desired subcarrier bit-error-rates, into an invertible ordering" requires mere "sorting" of the estimates, i.e., segregating the estimates into groups based on specified criteria, and does not require reordering;

  6. "scaled" means "changed by a factor";

  7. "(b) calculating bit and energy allocation tables for said multicarrier data transmission system based on the sorted subcarrier-indexed estimates" means "steps (a) and (b) need not be performed in any particular order";

  8. "means for measuring the capability of the datalink to efficiently communicate the data bits in each said subchannel and for developing an optimum energy allocation and an optimum data bit allocation for each said subchannels" is a means-plusfunction limitation, but is indefinite because the specification fails to clearly link corresponding structure to the claimed functions, and is therefore invalid; 9. "means for returning an indication of the monitored quality to said transmitter means" is a means-plus-function limitation, but is indefinite because the specification fails to clearly link corresponding structure to the claimed function, and is therefore invalid;

  10. "means responsive to said indication of monitored quality and operative to change the data bit allocation among said subchannels to improve the quality of the transmission" is a means-plus-function limitation, but is indefinite because the specification fails to clearly link corresponding structure to the claimed functions, and is therefore invalid;

  11. "transmitter means" is not governed by § 112, ¶ 6 as it connotes sufficient structure;

  12. "receiver means" is not governed by § 112, ¶ 6 as it connotes sufficient structure;

  13. "a transmission system using multicarrier modulation" serves as a claim limitation and means a "transmission system using modulation of more than one carrier";

  14. "identifying symbols transmitted by the system by a symbol count" means "connecting or associating a symbol count with individual symbols or groups of symbols";

  15. "symbol" means "a finite, pre-selected representation of the information to be conveyed from the transmitter to the receiver";

  16. "symbol count" means "a count of individual or groups of symbols";

  17. "transmitted symbol" means "a symbol that is in the process of being transmitted which may or may not be in the transmitter";

  18. "received symbol" means "a symbol that is in the process of being received which may or may not be in the receiver";

  19. "implementing said change at the transmitter in response to a transmitted symbol having a symbol count matching said value" means "a change is effectuated at the transmitter in reaction to symbols that are in the process of being transmitted that have a symbol count matching said value";

  20. "implementing said change at the receiver in response to a received symbol having a symbol count matching said value" means "a change is effectuated at the receiver in reaction to symbols that are in the process of being received that have a symbol count matching said value";

  21. "transmitted symbol counter for counting transmitted symbols" means "a counter that counts symbols that are in the process of being transmitted";

  22. "received symbol counter for counting received symbols" means "a counter that counts symbols that are in the process of being received";

  23. "the carriers" means "the multiple carriers that make up the transmission system";

  24. "apparatus arranged for differently encoding a plurality of data signals" means "the apparatus implementing the encoding is configured in such a way that it encodes more than one data signal by using at least two types of encoding that are not the same";

  25. "a modulator arranged to modulate bits of the encoded data signals onto multiple carriers of the transmission system, different numbers of bits in each transmission symbol period being allocated to different carriers" means "a modulator configured to modulate bits of encoded data signals such that different numbers of bits are allocated to different carriers in each symbol period";

  26. "programmable FECC coder arranged to be programmed by the control unit" means "programmable FECC coder configured in way that enables it to be programmed by the control unit";

  27. "the modulator is arranged to allocate bits of encoded data signals having relatively less interleaving to carriers carrying relatively fewer bits in each symbol period" means "the modulator is configured in a way such that it allocates bits of encoded data signals with relatively less interleaving to carriers with relatively fewer bits in each symbol period";

  28. "means for reading the respective number of bits for each carrier from the second store in order of the different delays through the coding and interleaving apparatus" has the claimed function of "reading the respective number of bits for each carrier from the second store in order of the different delays through the coding and interleaving apparatus," and the corresponding structures are the microprocessor control unit 68 and tables 38 and 40;

  29. "sorting means for supplying the respective bits for modulation onto the respective carriers" is a means-plus-function limitation that is governed by § 112, ¶ 6. The claimed function is "supplying the respective bits for modulation onto the respective carriers" and the corresponding structures are the bit and energy allocation table 38, the carrier index table 40, and the sorter 42;

  30. "sorter for supplying signal amplitudes supplied by the trellis coder to storage locations of the IFFT apparatus identified by the respective carrier indices" is not governed by § 112, ¶ 6, and the term "sorter" is construed as "an apparatus that sorts";

  31. "sorter for sorting the carriers in accordance with the stored values" is not governed by § 112, ¶ 6, and the term "sorter" is construed as "an apparatus that sorts";

  32. "applying FECC (forward error correcting code) coding and codeword interleaving differently to signals of different data channels to produce encoded data signals having different delays" does not include the limitation "concurrently" and means "the FECC coding and codeword interleaving are applied in a way that differentiates among the data channels which results in the production of encoded data signals with different delays";

  33. "storing the FECC codewords in an interleaved manner, the interleaving being different for the codewords of the different data channels" means "storing the FECC codewords such that interleaving is different for the codewords of the different data channels";

  34. "applying error correcting coding and interleaving such that the degree of interleaving differs depending on the input data channel, thereby producing encoded data signals having different delays" does not include the limitation "concurrently," and means "the error correcting coding and interleaving are applied in such a way that the input data channels determine the degree of interleaving which results in the production of encoded data signals with different delays"; 35. "the different channels" means "the input data channels" recited in the first two elements of the claim. [Page 611, ]

20050406

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