`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SIEMENS INDUSTRY, INC.,
`
`. Plaintiff,
`
`v.
`
`WESTINGHOUSE AIR BRAKE
`TECHNOLOGIES CORPORATION
`(d/b/a WABTEC CORPORATION) and
`WABTEC RAILWAY ELECTRONICS,
`INC.,
`
`Defendants.
`
`C.A. No. 16-284-LPS-CJB
`
`At Wilmington, this 6th day of November, 2017:
`
`ORDER
`
`For the reasons set forth in the Memorandum Opinion issued this date,
`
`IT IS HEREBY ORDERED that the disputed claim terms of the patents-in-suit are
`
`construed as follows:
`
`Claim Term
`
`Court's Construction
`
`weight of the train
`
`the combined weight of the cars making up the train
`
`[claims 1 and 10 of the '801
`patent]
`
`determining when a train is in
`danger of violating the speed
`restriction
`
`[claims 1 and 10 of the '801
`patent]
`
`ascertaining that a train. is likely to exceed a maximum
`allowable speed
`
`1
`
`WABTEC CORP. EXHIBIT 1029
`Wabtec Corp. v. Siemens Industry, Inc.
`IPR2017-00981
`
`Page 1 of 3
`
`
`
`Case 1:16-cv-00284-LPS Document 166 Filed 11/06/17 Page 2 of 3 PageID #: 6878
`
`in compliance with a
`regulation
`
`in accordance with a rule or directive mandated by an
`authority
`
`[claims 1 and 11 of the ' 110
`patent]
`
`interrogation message
`
`[claims 1, 8, 10, 20, 27, and 29
`of the '953 patent, claims 1, 4-6,
`14, 28, and 44 of the '461
`patent, claims 1, 7-9, 19, 26, and
`28 of the '77 4 patent, and claims .
`1, 15, and 16 of the '860 patent]
`
`transmitting ... to [a I the
`next] configurable device I
`transmitting ... to a track
`circuit receiver
`
`[claims 1, 14, 28, and 44 of the
`'461 patent and claims 1 and 15
`of the '860 patent I claims 1 and
`20 of the '953 patent and claims
`1 and 19 of the '774 patent]
`
`dispatcher
`
`[claims 1 and 20 of the '926
`patent]
`
`controller
`
`[claims 1,2,5, 10, 11, 14, 17,
`and 18 of the '494 patent and
`claims 1, 2, 5, 10, 11, 14, 17,
`and 18 of the '698 patent]
`
`vital
`
`[claims 1, 2, 5, 10, 11, 14, 17,
`and 18 of the '494 patent]
`
`a targeted request that requires a response containing status.
`information
`
`sending a message to [a selected I the next] configurable
`device [on the train' s route] I sending a message to a
`transceiver associated with a selected track circuit
`
`a person or system responsible for organizing the
`movement of trains in a specified area of a track
`
`computer hardware and software that collectively control
`the operations of an associated system, subsystem or
`function
`
`an application system that has a hazard rate of no more
`than 10-9 per operational hour
`
`2
`
`Page 2 of 3
`
`
`
`Case 1:16-cv-00284-LPS Document 166 Filed 11/06/17 Page 3 of 3 PageID #: 6879
`
`safety critical
`
`[claims 1,2,5, 10, 11, 14, 17,
`and 18 of the '698 patent]
`
`task
`
`[claims 1, 2, 5, 10, 11, 14, 17,
`and 18 of the '698 patent]
`
`an application system that contributes to safety and, in so
`doing, has a data failure rate less than 10-4 per operational
`hour
`
`a stand-alone application or subprogram that is run as an
`independent entity
`
`end of train (EOT) unit
`monitoring station
`
`an off-train system for exchanging location-related
`messages with EQT units for tracking their location
`
`[claims 1 and 2 of the '032
`patent and claims 1, 8, and 11 of
`the '850 patent]
`
`[configured for] wireless
`communication
`
`designed to communicate with another device not
`connected by a wire
`
`[claim 1 of the '032 patent]
`
`[first I second] wireless
`message
`
`messages sent between two devices not connected by a
`wire
`
`[claims 1, 3-8, 10, and 13 of the
`'850 patent]
`
`LE LEONARD P. STARK
`HONO
`UNITED STATES DISTRICT JUDGE
`
`3
`
`Page 3 of 3
`
`