Judge Sleet: Markman Order in Telecommunications Patent Litigation

Chief Judge Sleet recently issued a Markman order construing the following claim terms in two separate patents relating to mobile telecommunications:
– “intelligent gateway”
– “mobile network”
– “said roamer”
– “routing center”
– “said mobile switch center”
– “is identified as”
– “adapted to enable a call dialed . . . as said dialing sequence to be routed to said destination number”
– “adapted to deliver short messages”
– “said characteristics being obtained by said gateway using knowledge of a second cellular telephony network”
– “said intelligent gateway being adapted to obtain information for said call completion using knowledge of said second cellular telephony network”
– “coupling to; being coupled to; being respectively coupled to”
– “packet-switch network”
– “other intelligent gateways”
– “other mobile networks”
In construing these terms, Judge Sleet relied upon The Institute of Electrical and Electronics Engineers dictionary and Newton’s Telecom Dictionary in finding that certain terms had established meanings as technical terms of art when the patents-in-suit were filed. Starhome GMBH v. AT&T Mobility LLC, C.A. No. 10-434-GMS, at 1, 3 (D. Del. Apr. 12, 2012). Importantly, Judge Sleet also rejected an attempted “last-minute change to [] proposed construction the night before the Markman hearing as contravening the court’s standing Orders regarding Markman briefing.” Id. at 2. Rather, Judge Sleet relied on the proposed constructions submitted in the parties’ joint claim construction chart.

Starhome GMBH v. AT&T Mobility LLC, C.A. No. 10-434-GMS (D. Del. Apr. 12, 2012).

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