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Message: Re: Looking for research help - Opty
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Nov 27, 2009 02:53PM
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Nov 28, 2009 10:48AM
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Nov 28, 2009 11:59AM

Nov 28, 2009 12:47PM
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Nov 28, 2009 01:38PM

The question is whether the discussion on any of these pages deals with a central processing unit cpu as it was defined for us in the 148 response.

Opty you may have this? This was how the CPU was described at the Texas markman hearing. (Thanks Wolf)

B. Disputed Constructions

1. ‘336 Patent

a. “central processing unit”

The first term for construction is “central processing unit.” The plaintiffs propose “an electronic circuit that controls the interpretation and execution of programmed instructions.” The defendants propose “the central electronic circuit in a computer that controls the interpretation and execution of programmed instructions.” There are two main disputes - 1) whether the circuit needs to be in a computer and 2) whether the circuit needs to be the “central electronic circuit.” In support of their construction, the plaintiffs argue that the specification teaches that the microprocessor can be used in applications other than a computer (e.g., HDTV and automobiles).‘336 patent, 9:61-10:12. The plaintiffs also observe that the specification states that the microprocessor can be part of a multiprocessor system and, therefore, no one CPU is the “central electronic circuit” for the computer. See ‘336 patent, 11:64-12:4. The defendants, on the other hand, argue that they did not intend to limit the use of the CPU to a computer. They assert, however, that a CPU must be part of a computer chip. The parties appear to agree that one of ordinary skill in the art would understand that a computer chip or other integrated circuit can be used in various devices, such as automobiles or televisions. The Court construes the term to mean “an electronic circuit on an integrated circuit that controls the interpretation and execution of programmed instructions.”

b. “microprocessor”

The plaintiffs propose “an electronic circuit that executes programmed instructions and is capable of interfacing with input/output circuitry and/or memory circuitry.” The defendants propose “an electronic circuit that uses a central processing unit to interpret and execute programmed instructions.” The main disputes are whether the microprocessor must be capable of interfacing with input/output circuitry and/or memory circuitry, and whether the microprocessor needs to use a central processing unit. The plaintiffs argue that the patent discloses a microprocessor that communicates with memory circuitry. ‘336 patent, 8:56-58, 11:49-54. The plaintiffs also argue that the claim language does not support the fact that a microprocessor is required to use a central processing unit because claim 3 does not recite the use of a central processing unit whereas all other independent claims require the use of a central processing unit. The defendants argue that one of ordinary skill in the art would understand that microprocessors include a central processing unit. In addition, the defendants contend that not all microprocessors need to interface with input/output circuitry because some microprocessors communicate solely with external memory. The defendants also contend that microprocessors do not need to connect to external memory because some microprocessors rely solely on on-chip memory. The Court is not persuaded that the additional limitations proposed by the plaintiffs or the defendants are appropriate. The input/output interface and the central processing unit limitations are included in other portions of the claims and, therefore, adding those limitations to the construction would be superfluous. See, e.g., ‘336 patent, 32:12-13, 25-26. The court construes “microprocessor” to mean “an electronic circuit that interprets and executes programmed instructions.”

2. ‘148 Patent

a. “processing unit”

The plaintiffs propose “an electronic circuit that controls the interpretation and execution of programmed instructions.” The defendants do not appear to dispute the plaintiffs’ proposal. Accordingly, the Court adopts the plaintiffs’ proposed construction.

b. “microprocessor”

The plaintiffs propose “an electronic circuit that executes programmed instructions and is capable of interfacing with input/output circuitry and/or memory circuitry.” The defendants propose “an electronic circuit that uses a central processing unit to interpret and execute programmed instructions.” The main disputes are whether the microprocessor must be capable of interfacing with input/output circuitry and/or memory circuitry, and whether the microprocessor needs to use a central processing unit. The plaintiffs argue that the patent discloses a microprocessor that communicates with memory circuitry. ‘336 patent, 8:56-58, 11:49-54. The plaintiffs also argue that the claim language does not support the fact that a microprocessor is required to use a central processing unit because claim 3 does not recite the use of a central processing unit whereas all other independent claims require the use of a central processing unit. The defendants argue that one of ordinary skill in the art would understand that microprocessors include a central processing unit. In addition, the defendants contend that not all microprocessors need to interface with input/output circuitry because some microprocessors communicate solely with external memory. The defendants also contend that microprocessors do not need to connect to external memory because some microprocessors rely solely on on-chip memory. The Court is not persuaded that the additional limitations proposed by the plaintiffs or the defendants are appropriate. The input/output interface and the central processing unit limitations are included in other portions of the claims and, therefore, adding those limitations to the construction would be superfluous. See, e.g., ‘336 patent, 32:12-13, 25-26. The court construes “microprocessor” to mean “an electronic circuit that interprets and executes programmed instructions.”

3. ‘584 Patent

a. “microprocessor”

The Court adopts its previous construction of this term in the ‘336 patent. See Section IV(B)(1)(b).

b. “central processing unit”

The Court adopts its previous construction of this term in the ‘336 patent. See Section IV(B)(1)(a).

A.Agreed Construction

The parties have agreed to the construction of the following terms.

1. ‘336 Patent

“Oscillator” means “a circuit capable of maintaining an alternating output.” “On-chip input/output interface” means “a circuit having logic for input/output communications, where that circuit is located on the same semiconductor substrate as the CPU (claims 1-2, 6-10) or the microprocessor (claims 3-5).” “Integrated circuit” means “a miniature circuit on a single semiconductor substrate.” “External memory bus” means “a group of conductors coupled between the I/O interface and an external storage device.”



2. ‘148 Patent

“Integrated circuit substrate” means “a single supporting material upon or within which is formed a miniature circuit.”

3. ‘584 Patent

“Instruction” means “a command to a processor that tells the processor what operation to perform.” “Boundary of said instruction groups” means “beginning or end of an instruction group.” “Supplying, from said instruction groups, using the predetermined location, said operand or instruction or both to said central processing unit” means “using the results of the locating step in the step of transferring the bits from the accessed operand or instruction to the central processing unit.” “Instruction register” means “a hardware element that receives and holds an instruction group as it is extracted from memory; the register either contains or is connected to circuits that interpret the instructions in the group.”

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Nov 28, 2009 09:21PM
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