Judge McMahon issues claim construction unconstrained by two courts’ prior constructions

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Stanacard LLC v. Rubard, LLC, et al.

Case Number: 1:12-cv-05176-CM

Judge McMahon construed terms of U.S. Patent No. 7,346,156 (“Methods and apparatuses for placing a telephone call”). The patent had previously been construed in Stanacard, LLC v. Rebtel Networks, AB, 680 F. Supp. 2d 483 (S.D.N.Y. Jan. 6, 2010) and Jajah Inc. v. Stanacard, LLC, 2010 WL 1838970 (N.D. Cal. May 3,2010). The court addressed possible collateral estoppel issues, and concluded that Stanacard was not precluded from litigating any claim construction issue and that the court itself was not bound by the previous constructions: “Ideally, the differences in construction between the two courts would have been resolved on an appeal from a judgment in one or both cases, but both cases settled shortly after the claim construction decisions issued, which means (under New York law, anyway) that the cases are not preclusive as to anything decided therein.”

DISPUTED CLAIM TERM/PHRASE

COURT’S CONSTRUCTION

telephone number

“a series of alphanumeric characters used to route telephone calls.”

receiving an assigned incoming telephone number

“getting a telephone call from a telephone number that has been assigned-given-to a person who places calls using the patented system.”

recipient

“the telephonic device that receives a call from an assigned incoming telephone number.”

"[Identifying a Recipient] Associated with [the Assigned Incoming Telephone Number]"

“[determining what particular telephonic device is to be called] that has previously been associated with the assigned incoming telephone numbers.”

wherein said caller has a plurality of assigned incoming telephone numbers to choose from

“the caller has more than one assigned incoming telephone number from which he can choose when placing a call.”

without input of further data by said caller

plain and ordinary meaning.

whereby said caller is not required to be within a particular network for making calls

“the term will be defined to exclude the requirement that the caller place his call from any particular network in order to access the claimed system-plain and ordinary meaning.”

a local calling area of the caller

“a calling area where a caller does not incur long distance or toll charges when making a call.”

originating telephone number assigned to the caller

“the caller's telephone number.”

 

Topics:  Claim Construction, Patent Litigation, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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