Special Master's recommended construction of disputed term is modified
Honeywell International, Inc., et al. v. Nikon Corporation, et al., Civil Action No. 04-1337- JJF, August 12, 2009.
Farnan, J. Plaintiff’s Objection to the Special Master’s Report and Recommendation Regarding Supplemental Claim Construction is overruled. Defendants’ Objection to the same is sustained in part and the Special Master’s recommended construction is modified by the Court.
The Court modifies the Special Master’s recommended claim construction for one disputed term of the patent-in-suit. The term “slight misalignment” is construed to mean “a slight misalignment resulting from a rotation of the lenslets of the lens array, relative to an axis of the LCD panel causing moiré, by just enough, and not more, number of degrees to eliminate moiré effects due to the structure of the display.” The Special master had construed the term as follows: mean “a slight misalignment resulting from a rotation of the lenslets of the lens array, relative to an edge of the LCD panel by just enough, and not more, number of degrees to eliminate residual moiré.” The Court disagreed with the Special Master’s use of the term “residual” because it improperly implies that the pitch selection method of reducing moiré is a requirement of a disputed claim. The Court further disagreed that rotations should be measured relative to the edge of the LCD panel.
