New Pacer--[PROPOSED] JURY INSTRUCTIONS INCORPORATING PLAINTIFFS’ CLAIM CONSTRUCTIONS [RELATED CASES] (Not Signed By Judge)


UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
ACER, INC., ACER AMERICA CORPORATION and GATEWAY, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED,
Defendants.

[PROPOSED] JURY INSTRUCTIONS INCORPORATING PLAINTIFFS’ CLAIM CONSTRUCTIONS
[RELATED CASES] (Not Signed By Judge)

HTC CORPORATION, HTC AMERICA, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED,
Defendants.
Case No. 3:08-cv-00882 JW
BARCO N.V., a Belgian corporation,
Plaintiff,
v.
TECHNOLOGY PROPERTIES LTD., PATRIOT SCIENTIFIC CORP., ALLIACENSE LTD.,
Defendants.

THE ROLE OF THE CLAIMS OF A PATENT

Before you can decide many of the issues in this case, you will need to understand the role of patent “claims.” The patent claims are the numbered sentences at the end of each patent. The claims are important because it is the words of the claims that define what a patent covers. The figures and text in the rest of the patent provide a description and/or examples of the invention and provide a context for the claims, but it is the claims that define the breadth of the patent’s coverage. Each claim is effectively treated as if it were a separate patent, and each claim may cover more or less than another claim. Therefore, what a patent covers depends, in turn, on what each of its claims covers.
You will first need to understand what each claim covers in order to decide whether or not there is infringement of the claim and to decide whether or not the claim is invalid. The law says that it is my role to define the terms of the claims and it is your role to apply my definitions to the issues that you are asked to decide in this case. Therefore, as I explained to you at the start of the case, I have determined the meaning of the claims and I will provide to you my definitions of certain claim terms. You must accept my definitions of these words in the claims as being correct. It is your job to take these definitions and apply them to the issues that you are deciding, including the issues of infringement and validity.
AUTHORITY:
The Federal Circuit Bar Association, Model Patent Jury Instructions (2011).

HOW A CLAIM DEFINES WHAT IT COVERS

I will now explain how a claim defines what it covers.
A claim sets forth, in words, a set of requirements. Each claim sets forth its requirements in a single sentence. If a device or a method satisfies each of these requirements, then it is covered by the claim.
There can be several claims in a patent. Each claim may be narrower or broader than another claim by setting forth more or fewer requirements. The coverage of a patent is assessed claim-by-claim. In patent law, the requirements of a claim are often referred to as “claim elements” or “claim limitations.” When a thing (such as a product or a process) meets all of the requirements of a claim, the claim is said to “cover” that thing, and that thing is said to “fall” within the scope of that claim. In other words, a claim covers a product or process where each of the claim elements or limitations is present in that product or process.
Sometimes the words in a patent claim are difficult to understand, and therefore it is difficult to understand what requirements these words impose. It is my job to explain to you the meaning of the words in the claims and the requirements these words impose.
As I just instructed you, there are certain specific terms that I have defined and you are to apply the definitions that I provide to you.
By understanding the meaning of the words in a claim and by understanding that the words in a claim set forth the requirements that a product or process must meet in order to be covered by that claim, you will be able to understand the scope of coverage for each claim. Once you understand what each claim covers, then you are prepared to decide the issues that you will be asked to decide, such as infringement and invalidity.

AUTHORITY:

The Federal Circuit Bar Association, Model Patent Jury Instructions (2011).

CLAIM INTERPRETATION

I will now explain to you the meaning of some of the words of the claims in this case. In doing so, I will explain some of the requirements of the claims. As I have previously instructed you, you must accept my definition of these words in the claims as correct. For any words in the claim for which I have not provided you with a definition, you should apply their common meaning. You should not take my definition of the language of the claims as an indication that I have a view regarding how you should decide the issues that you are being asked to decide, such as infringement and invalidity. These issues are yours to decide.
The words “ring oscillator” mean “an oscillator having a multiple, odd number of inversions arranged in a loop, wherein the oscillator is: (1) non-controllable; and (2) variable based on the temperature, voltage, and process parameters in the environment.”
The words “providing an entire variable speed clock disposed upon said integrated circuit substrate” mean “providing a variable speed system clock that is located entirely on the same semiconductor substrate as the CPU and does not rely on a control signal or an external crystal/clock generator to generate a clock signal, wherein the variable speed clock is: (1) non-controllable; and (2) variable based on the temperature, voltage, and process parameters in the environment.”
The words “an entire ring oscillator variable speed system clock in said single integrated circuit” mean “a ring oscillator variable speed system clock that is located entirely on the same semiconductor substrate as the CPU and does not rely on a control signal or an external crystal/clock generator to generate a clock signal, wherein the ring oscillator variable speed system clock is: (1) non-controllable; and (2) variable based on the temperature, voltage, and process parameters in the environment.”
The words “an entire oscillator disposed upon said integrated circuit substrate” mean “an oscillator that is located entirely on the same semiconductor substrate as the CPU and does not rely on a control signal or an external crystal/clock generator to generate a clock signal, wherein the
oscillator is: (1) non-controllable; and (2) variable based on the temperature, voltage, and process parameters in the environment.”
The words “clocking said central processing unit” mean “timing the operation of the CPU such that it will always execute at the maximum frequency possible, but never too fast.”
The words “operates asynchronously to” mean “operates without a timing relationship to/with.”
The words” as a function of parameter variation” mean “in a determined functional relationship with parameter variation.”
The words “separate direct memory access central processing unit” mean “a separate central processing unit that fetches and executes instructions for performing direct memory access without using the main central processing unit.”
The words “push down stack” in the phrase “(first) push down stack connected to said arithmetic logic unit” mean “data storage elements organized from top to bottom to provide last-in first-out access to stored items, wherein any previously stored items propagate towards the bottom by one data storage element when a new item is stored in the top data storage element.”
The words “(first) push down stack connected to said arithmetic logic unit” mean “(first) push down stack comprising a top item register and a next item register, both directly coupled to the ALU such that source and destination addresses are not used.”
The words “supply the multiple sequential instructions to said central processing unit integrated circuit during a single memory cycle” mean “provide the multiple sequential instructions in parallel (as opposed to one-by-one) to said central processing unit integrated circuit during a single memory cycle without using a prefetch buffer or a one-instruction-wide instruction buffer, that supplies one instruction at a time”
The words “instruction register” mean “register that receives and holds one or more instructions for supplying to circuits that interpret the instructions, in which any operands that are present must be right-justified in the register.”