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`Adam Garson (Bar No. 240440)
`adam.garson@gazpat.com
`Frederic G. Ludwig, III (Bar No. 205332)
`eric.ludwig@gazpat.com
`GAZDZINSKI & ASSOCIATES, PC
`750 B Street, Suite 1600
`San Diego, CA 92101
`Telephone: (858) 675-1670
`Facsimile: (858) 675-1674
`Attorneys for Plaintiff
`PULSE ELECTRONICS, INC.
`
`
`
`
`PULSE ELECTRONICS, INC., a
`Delaware corporation.
`Plaintiff,
`
`v.
`U.D. Electronic Corp., a Taiwan
`corporation,
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`CASE NO. 3:18-CV-00373-BEN-MSB
`
`
`PLAINTIFF PULSE ELECTRONICS,
`INC.’S PRELIMINARY PROPOSED
`CLAIM CONSTRUCTIONS
`
`Judge: Hon. Judge Benitez
`
`
`
`Defendant.
`
`
`
`CASE NO. 3:18-cv-00373-BEN-MSB
`PULSE’S PRELIMINARY CLAIM CONSTRUCTIONS
`
`
`
`Pulse Electronics, Inc., Ex. 2005
`U.D. Electronic Corp. v. Pulse Electronics, Inc.
`Case No. IPR2019-00262
`Page 1
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`Pursuant to the Case Management Order (Dkt. No. 22) and Patent Local
`Rules 4.1(a) and (b), and based on the information reasonably available, Plaintiff
`Pulse Electronics, Inc. (“Pulse”) hereby serves its Preliminary Proposed Claim
`Constructions and Identification of Extrinsic Evidence.
`GENERAL STATEMENT
`This Preliminary Proposed Claim Constructions and Identification of
`Extrinsic Evidence is limited to the information available to Pulse at the present
`time. Discovery between the parties is not complete. Pulse reserves the right to
`supplement, amend, and/or modify the preliminary proposed constructions and
`evidence in support thereof as further information becomes available, including, but
`not limited to Defendant’s Preliminary Proposed Claim Construction and
`Identification of Extrinsic Evidence.
`Pulse’s proposed constructions are limited to the claims currently asserted
`against Defendant, and Pulse reserves its right to propose constructions for any
`terms in other claims that it later asserts against Defendants. This Preliminary
`Proposed Claim Constructions and Identification of Extrinsic Evidence should not
`be interpreted to concede, by omission or otherwise, any claim construction
`position advanced by Defendant now or in the future. All citations to intrinsic
`evidence and/or structure (in the case of elements governed by 35 U.S.C. § 112(6))
`in the chart below is made without limitation or prejudice.
`PRELIMINARY PROPOSED CONSTRUCTIONS
`
`PROPOSED CONSTRUCTION
`U.S. Patent No. 6,593,840
`Any wall that has a plurality of channels formed
`therein
`
`Intrinsic Evidence:
`6:38-52, FIGS. 10a, 10b
`
`“side wall”
`
`Claims 1, 7, 10-12, 16
`
`CLAIM TERM
`
`
`
`
`
`
`
`CASE NO. 18cv373 BEN-MSB
`PULSE’S PRELIMINARY CLAIM CONSTRUCTIONS
`
`1
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`CLAIM TERM
`“retention element”
`
`Claims 1, 7, 10-12
`
`“means for communicating”
`
`Claim 16
`“means for securing”
`
`Claim 16
`
`“an angular relationship”
`
`Claims 11-12
`
`PROPOSED CONSTRUCTION
`A feature that forms part of a lead channel that
`helps retain the insertable lead terminals
`
`Intrinsic Evidence:
`
`5:30-42; FIG. 8
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 5:19-28; 5:44-59
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 5:44-59
`U.S. Patent No. 6,773,302
`“effectively curved portion”
`Producing the desired effect of being curved
`
`
`Claims 1, 3-5, 7, 9, 13-16
`Intrinsic Evidence:
`17:6-8; FIGS. 1c, 1d, 2c, 2e, 2f, 3c and 5a
`Formed at an angle other than parallel (zero angle)
`
`Intrinsic Evidence:
`6:17-28; FIG. 1d
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 5:11-14; 5:28-37; 6:47-56; and 10:13-26
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 5:64-6:16; 7:17-24; and 17:19-18:6.
`
`“connector housing means”
`
`Claim 15
`“means for supporting
`components”
`
`Claim 15
`“a plurality of first conductor
`means”
`
`Claim 15
`“a plurality of second
`conductor means”
`
`Claim 15
`“means for holding said first
`conductors”
`
`Claim 16
`
`
`
`
`
`
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 5:21-6:28; 7:8-36; 7:46-8:30; and
`16:66-17:11
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 5:63-64; and 16:66-17:11.
`
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 9:31-10:12.
`
`CASE NO. 18cv373 BEN-MSB
`PULSE’S PRELIMINARY CLAIM CONSTRUCTIONS
`
`2
`
`Page 3
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`CLAIM TERM
`“a plurality of restraining
`means”
`
`Claim 16
`
`“outer periphery”
`
`Claims 1, 37, 39, 41
`
`“optical isolation element”
`
`Claims 18, 33
`
`“means for receiving a
`modular plug”
`
`Claims 37, 39, 41
`“means for receiving a
`plurality of insert assemblies”
`
`Claims 37, 39, 41
`“means for interfacing with a
`modular plug”
`
`Claims 37, 39, 41
`“means for interfacing with a
`plurality of terminals”
`
`Claims 37, 39, 41
`“means for routing wire”
`
`Claims 37, 39, 41
`
`PROPOSED CONSTRUCTION
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 9:31-10:12.
`
`U.S. Patent No. 7,959,473
`The external-most perimeter of a surface of the
`mated pairs of insert body elements
`
`Intrinsic Evidence:
`FIGS. 1f, 1h and 1i
`Apparatus that blocks a portion of the light
`emanating from a source from an undesired area
`
`Intrinsic Evidence:
`17:30-36 (IBR1 of U.S. Patent No. 6,962,511); and
`U.S. Patent No. 6,962,511 (16:48-67).
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 10:10-39; and 15:37-45
`
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 11:22-44; and 20:61-64
`
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 10:60-11:13; 14:12-24; and 19:16-31
`
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 11:52-65
`
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 13:41-61
`
`
`1 IBR: Incorporation by Reference
`
`CASE NO. 18cv373 BEN-MSB
`
`PULSE’S PRELIMINARY CLAIM CONSTRUCTIONS
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`“body shield”
`
`Claims 14, 17
`
`“interfaces”
`
`Claims 14, 17
`
`“shielding tab”
`
`Claims 14, 17
`
`CLAIM TERM
`“means for providing one or
`more indications”
`
`Claims 39, 41
`
`“optical isolation means”
`
`Claim 41
`
`PROPOSED CONSTRUCTION
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 16:32-17:16; 17:30-36 (IBR of U.S.
`Patent No. 6,962,511); and U.S. Patent No.
`6,962,511 (16:48-67).
`This element is governed by 35 U.S.C. § 112(6).
`
`Structure: 17:30-36 (IBR of U.S. Patent No.
`6,962,511); and U.S. Patent No. 6,962,511 (16:48-
`67).
`U.S. Patent No. 9,178,318
`One or more shields that are disposed on one or
`more outer surfaces or boundaries of the connector
`housing
`
`Intrinsic Evidence:
`4:21-25; 5:23-27; and 5:30-32
`Forms a direct or indirect electrical connection
`
`Intrinsic Evidence:
`4:33-35; 8:40-43
`Element that provides direct or indirect electrical
`connectivity between the internal PCB and the
`body shield
`
`Intrinsic Evidence:
`4:35-38
`EXTRINSIC EVIDENCE
`Pulse may rely on expert testimony as to how one skilled in the art would
`understand the claim terms above, the art to which the patents in suit relate,
`background on the technology at issue, the level of understanding of a person of
`ordinary skill in the art at the relevant time, and/or all topics on which Defendant’s
`expert testifies/opines. Pulse may also rely on extrinsic evidence defining or
`describing the terms above. By identifying extrinsic evidence, Pulse does not
`concede that extrinsic evidence is necessary to construe the claim terms at issue.
`
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`CASE NO. 18cv373 BEN-MSB
`PULSE’S PRELIMINARY CLAIM CONSTRUCTIONS
`
`4
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`This information may include:
`• WEBSTER’S COLLEGE DICTIONARY (2nd ed. 2001).
`• WEBSTER’S NEW WORLD COLLEGE DICTIONARY (4th ed. 2004).
`• CONCISE OXFORD ENGLISH DICTIONARY (11th ed. 2004).
`The relevant pages of these documents are produced herewith. Pulse
`expressly reserves the right to identify additional extrinsic evidence.
`
`
`
`
`
`
`Dated: December 14, 2018
`
`
`
`
`Respectfully submitted,
`GAZDZINSKI & ASSOCIATES, P.C.
`/s/ Adam S. Garson
`
`
`ADAM GARSON
`FREDERIC G. LUDWIG, III
` Attorneys for Plaintiff
`
` Pulse Electronics Inc.
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`CASE NO. 18cv373 BEN-MSB
`PULSE’S PRELIMINARY CLAIM CONSTRUCTIONS
`
`5
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`Page 6
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