Case 3:09-cv-02495-GEB -DEA Document 81 Filed 11/12/10 Page 1 of 3 PageID: 2729
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`NOT FOR PUBLICATION
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`INTERNATIONAL DEVELOPMENT LLC,
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`Plaintiff,
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`__________________________________________
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`) Civil Action No. 09-2495 (GEB)
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`Defendants.
` _________________________________________ )
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`v.
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`SIMON NICHOLAS RICHMOND and
`ADVENTIVE IDEAS, LLC,
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` MARKMAN ORDER
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`BROWN, Chief Judge
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`This matter having come before the Court upon requests by Plaintiff International
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`Development LLC and Defendants Simon Nicholas Richmond and Adventive Ideas, LLC for a
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`claim construction hearing, and said hearing having taken place on November 4, 2010; and for
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`the reasons set forth on the record on that date or in the opinion accompanying this order
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`IT IS THIS 12th day of November, 2010; hereby
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`ORDERED that in United States Patent Number 7,196,477, the terms shall be construed
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`as follows:
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`i)
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`ii)
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`“at least two lamps of different colors” does not require construction except that
`the term “lamp” is construed to mean “an electrical device, the primary purpose of
`which is to create light of a single color, and which is physically connected to a
`source of electricity”;
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`“ to produce a desired color” is construed to mean “to produce a color that is
`desired by the user or intended by the designer”;
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`Richmond, Exh. 2005, p.1
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`

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`Case 3:09-cv-02495-GEB -DEA Document 81 Filed 11/12/10 Page 2 of 3 PageID: 2730
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`iii)
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`iv)
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`v)
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`vi)
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`“including a varying color” is construed to mean “the colors produced include a
`color that changes over time by varying the intensity of one or more of the lamps
`with time” pursuant to a stipulation by the parties;
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`“so as to be exposed to light” means “so as to be exposed to sunlight”; the rest of
`the term does not require construction;
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`“the switch being exposed to provide access thereto” means “the switch is
`immediately accessible to the user without the need to disassemble any
`component of the lighting device”;
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`“a solar panel mounted on a surface of an assembly” is construed to mean “a
`collection of parts having a surface that is exposed to light, including being
`exposed through a transparent or translucent cover, and a solar cell being mounted
`on said surface” without prejudice to Plaintiff’s ability to challenge this term as
`indefinite at summary judgment;
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`vii)
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`“operatively associated” does not require construction pursuant to a stipulation of
`the parties; and it is further
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`ORDERED that in United States Patent Number 7,429,827, the terms shall be construed
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`as follows:
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`i)
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`ii)
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`iii)
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`iv)
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`v)
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`“at least two lamps of different colors” does not require construction except that
`the term “lamp” is construed to mean “an electrical device, the primary purpose of
`which is to create light of a single color, and which is physically connected to a
`source of electricity”;
`
`“to produce a varying color” is construed to mean “the colors produced include a
`color that changes over time by varying the intensity of one or more of the lamps
`with time”;
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`“a plurality of lamps of different colors” does not require construction except that
`the term “lamp” is construed to mean “an electrical device, the primary purpose of
`which is to create light of a single color, and which is physically connected to a
`source of electricity”;
`
`“to produce a varying color” is construed to mean “the colors produced include a
`color that changes over time by varying the intensity of one or more of the lamps
`with time” pursuant to a stipulation by the parties;
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`“exposed to light” is construed to mean “exposed to sunlight”; the rest of the term
`does not require construction;
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`vi)
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`“operatively associated” does not require construction at this time;
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`Richmond, Exh. 2005, p.2
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`Case 3:09-cv-02495-GEB -DEA Document 81 Filed 11/12/10 Page 3 of 3 PageID: 2731
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`vii)
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`viii)
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`ix)
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`“activation sub-circuit” does not require construction pursuant to a stipulation by
`the parties;
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`“switch being accessible by a user” is construed to mean “the switch is accessible
`to the user without substantial effort, tools, or destruction”;
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`“independently control delivery of power to each of said lamps so as to vary
`intensity of light emitted over time to produce a continuous color changing cycle”
`is construed to mean “the light sub-circuit delivers power to one or more of the
`lamps so that one or more of the lamps illuminate at varying intensities over time,
`resulting in a monochrome or the mixing of the different colors such that they
`produce a continuous color changing cycle”; and
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`x)
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`“diode” does not require construction and is given its ordinary meaning.
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`/s/ Garrett E. Brown, Jr.
`GARRETT E. BROWN, JR., U.S.D.J
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`EXH. ##
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`Richmond, Exh. 2005, p.3