E. “Provide/Provides/Providing differing levels of information” Disputed Claim Term e.Digital’s Proposed Construction Dropcam’s Proposed Construction Provide/Provides/ Providing differing levels of information Plain and ordinary meaning “send/sends/sending information in varying levels of granularity”

The parties dispute whether the claim term’s use of “providing differing levels of information” necessarily requires the “sending” of that information.

e.Digital argues that all that “providing” requires within the meaning of the claims is that the information be made available, rather than sent. e.Digital’s objection to the restriction of the term to “sending” information stems from the connotation that “sent” information is typically “delivered” or “received.”

e.Digital suggests that this might not be true of potential embodiments of the claimed inventions wherein information could be placed on a server where a user could later “log in at their option to obtain access to the provided information.”

ECF No. 50 at 22.

In such a case, the information would be “made available,” even if never accessed or received. e.Digital acknowledges that such an embodiment is not discussed anywhere in the specifications. Id. Nonetheless, the Court will not import a limitation from the specifications requiring that “provided” information be “sent,” as the patentee did not set out his own definition for the term or plainly disavow the term’s full scope.

See Deere & Co. v. Bush Hog, LLC, 703 F.3d 1349, 1354 (Fed. Cir. 2012) (“While claim terms are understood in light of the specification, a claim construction must not import limitations from the specification into the claims.”).

Moreover, the plain and ordinary meaning of the term “provide” is readily understandable to a lay jury. Dropcam next argues that “differing levels of information” should be construed to mean “information in varying levels of granularity.” ECF No. 51 at 26.

Dropcam explains that “[j]ust as the levels of the social hierarchy are ranked in order of information disclosure, the information sent to those levels differs in amount of disclosure, i.e., the granularity of the information provided.” ECF No. 51 at 27.But this concept is conveyed by the plain and ordinary meaning of Case 3:14-cv-04922-JST Document 78 Filed 11/30/15 Page 10 of 13 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court Northern District of California the word “levels.” Moreover, the sole appearance of the word “granularity” in the ’522 patent does not support Dropcam’s construction because the language in question reads, “each social template can be set up with varying levels of granularity in so far as who is given which information about the user of the mobile device prior to the call being placed.” ECF No. 50-2 at 17:12-15 (emphasis added). The quoted language is permissive rather than mandatory.

Finally, untethered from the language of the patent, the term “granularity” is more likely to confuse the factfinder than to further illuminate the term’s construction. The Court will therefore adopt e.Digital’s proposal that “Provide/Provides/Providing differing levels of information” be given its plain and ordinary meaning.

For the NESTcam that I'm utilizing, I can turn off my account server login for as long as 10 datys, I have a 10 history contract, they offer 30.

When I login, I have access to the content because the camera runs 24/7 and the server files the data 24/7.

The data was not specifically sent to me, I can then down load, from the server, the info I want out of the 10 days.

I care about the value of the win, and not that it was simply a win.

doni