Fernandez Innovative Techs., LLC v. General Motors Corp., No. 07 C 1397, 2008 WL 2168843 (N.D. Ill. May 23, 2008) (Kendall, J.).
Judge Kendall construed the claims of plaintiff’s U.S. Patent No. 6,963,899 related to vehicle telematics – systems like the accused products Onstar and Lexus Link. Construction of the two terms were of particular note:
Through the claim construction hearing the parties agreed that "real time" meant continuous. But after the hearing, plaintiff filed a motion arguing that real-time meant "contemporaneous." The Court allowed defendants a responsive submission, and then adopted plaintiffs’ construction because it comported with the intrinsic evidence and dictionary definitions better than defendants’ construction did.
Selects and Downloads
The Court held that neither party’s construction of "selects and downloads" was consistent with the agreed upon construction of related term "selects and sends." The Court, therefore, gave the parties fourteen days to meet and confer, and then either submit an agreed upon construction, or individual revised constructions.