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Re: smokey post# 22383

Thursday, 12/14/2017 11:05:22 AM

Thursday, December 14, 2017 11:05:22 AM

Post# of 23255
The defendants' motions.for.summary judgment of non-infringement are granted. The plaintiffs ("TPL") stipulated to non-infringement under this Court's prior construction of the phrase "an entire oscillator disposed upon said integrated circuit substrate" as used in the asserted claims of Patent No. 5,809,336. The Federal Circuit then made a "minor
modification" to that claim construction, holding that the proper construction of the disputed claim term is: "an oscillator located entirely on the same semiconductor substrate as the central
processing unit that does not require a command input to change the clock frequency and whose frequency is not fixed by any external crystal." Tech. Props. Ltd. LLC v. Huawei Techs. Co., 849 F.3d 1349, 1360 (Fed. Cir. 2017). In doing so, the Federal Circuit noted that its change to the
prior construction "likely does not affect the outcome in this case." Id. The Federal Circuit's prediction was correct.
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