Magistrate's tentative claim construction is overruled in part
Symbol Technologies, Inc. v. Janam Technologies, LLC, Civil Action No. 08-340-JJF, March 31, 2009.
Farnan, J. The Magistrate Judge’s Report and Recommendations regarding tentative claim constructions in relation to a preliminary injunction motion is adopted in part and overruled in part.
Defendants filed objections to the Magistrate’s Report and Recommendations preliminarily construing certain disputed terms. The Court adopts in part and overrules in part the Magistrate’s Report and Recommendations. The Magistrate had recommended that “power” should be construed as “voltage.” For the purposes of the motion for a preliminary injunction, the Court construes the term “power” to mean “the rate at which energy is transferred, calculated by multiplying electric current times voltage.” It is undisputed that one skilled in the art would understand the textbook definition of “power” to be “voltage multiplied by current.” Plaintiff contends that “power” also has a colloquial definition, which is “voltage.” The intrinsic record does not clearly reject the textbook definition which the Court adopts.
