Fujitsu Ltd. v. Tellabs Ops., Inc., No. 09 C 4530, Slip Op. (N.D. Ill. Jul. 27, 2012) (Holderman, C.J.).
Chief Judge Holderman construed an additional claim term – “transmitting” – one month before trial in this patent involving optical transmission systems. “Transmitting” was used as an adjective modifying “terminal,” and as a verb describing what a terminal did. Constructing “transmitting” as an adjective was unnecessary because it was used throughout the patent and one of ordinary skill would have understood the meaning. But “transmitting” was only used as a verb in the claims, warranting construction. “Transmitting” was construed to mean “engaged in the transmission of.” The Court declined to construe terms that were not in the claims to be tried in one month.