Defendants’ citation to the specification of U.S. Patent No. 5,491,774 (“the ’774 patent”) is also unavailing. The ’774 patent does not share a complete identity of inventors with the ’445 patent or the ’108 patent and was cited only as an example of the prior art, not as an example or embodiment of the invention of claim 1. (Ex. A (’108 patent) at 1:21-27.)
For these reasons, e.Digital’s proposed construction should be adopted and Defendants’ proposed construction should be rejected.
(PLAINTIFF’S RESPONSIVE CLAIM CONSTRUCTION)
