Tuesday, April 15, 2014 2:35:50 PM
three disputed terms, as I expect to construe the code, is a sequence of chips or
bits, which I think is what the Federal Circuit said, which is the plain meaning.
And I think the defendants argument is, essentially, based on the preferred
embodiment, and the Federal Circuit did say that the preferred embodiment is not
all there is here.
On the second one, the generated, I think I'm going to construe as
produced.
And on the third one, successively transmitted signals, I think I'm going to
construe that as a successively transmits sequences of chips or bits.
(Ex. A, Hearing Tr. at 61-62 in InterDigital Commc’ns, Inc. et al v. ZTE Corp. et al., C.A. No.
1:13-cv-00009-RGA). Judge Andrews’ expected constructions of the same terms from the same
patents addressing the same disputes at issue in this Investigation are proper for the ALJ to
consider as persuasive authority.1
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