Acacia Media Technologies Corp. v. New Destiny Internet Group

FURTHER CLAIM CONSTRUCTION ORDER; ORDER FINDING CLAIMS TERMS INDEFINITE AND CLAIMS INVALID

WARE, District Judge.

I. BACKGROUND

In its July 12, 2004 Claim Construction Order, the Court reached a tentative conclusion that the term “sequence encoder” as used in claims 1, 7, 17, 18, 32 and 33 of the ’702 patent is indefinite. This tentative conclusion of indefiniteness was based on the Court’s findings from the intrinsic evidence that the term: (a) is never used in the written description; (b) does not appear in the drawings; (c) has no plain meaning, and (d) cannot be inferred to be a “time…