District of Delaware Denies Defendant’s Motion For Further Construction Of Previously Construed Claim Term In Dispute But Leaves Door Open That It May Further Construe The Same Term Again Before Or During Infringement Trial

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By Memorandum Order entered by The Honorable Maryellen Noreika in Sentient Sensors, LLC v. Cypress Semiconductor Corp., Civil Action No. 19-1868-MN (D.Del. June 24, 2021), the Court denied Defendant Cypress Semiconductor Corporation’s motion seeking further construction of the claim term “embedded” which appears in numerous claims of the patent-in-suit, U.S. Patent No. 6,938,177 (“the ‘177 patent”).  Plaintiff Sentient Sensors, LLC was opposed to Defendant’s motion.

In denying the motion, the Court noted that “District courts have ‘considerable latitude in determining when to resolve issues of claim construction’ [and]  . . .  [t]he Federal Circuit has repeatedly upheld a district court’s decision to revisit claim construction as the case progresses, including at trial.”  Id. at *1-2.  In this instance, the Court explained that it had already expended extraordinary resources to address numerous issues and decide motions related to claim construction and infringement in the case and Defendant had ample opportunity, including when the Court previously construed the term “embedded” to raise its proposed construction of “embedded” included in its latest motion.  Id. at *2-3.

Accordingly, the Court denied the motion for further construction at the current time but advised the parties that, during the pretrial conference, the Court will address whether additional construction of the term “embedded” is necessary and, if so, how it should be accomplished.  Id. at *3.  The Court also instructed the parties that they should be prepared to go to trial without delay, including having their experts prepared to opine on infringement and validity issues using any of the constructions of “embedded” proposed by either party during the litigation including the latest construction offered by Plaintiff in its motion for further construction.  Id.

A copy of the Memorandum Order is attached.

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