Claim construction issues in debit card method litigation
Stored Value Solutions, Inc. v. Card Activation Technologies, Inc., C. A. No.09-495-JJF-LPS, April 28, 2010.
Stark, M. J. The court construes nine claims of one patent, four of which are independent claims.
This is a declaratory judgment action seeking a declaration that the patent-in-suit is invalid. Claim construction briefing concluded January 27, 2010, and a Markman hearing followed on March 8, 2010. The patent-in-suit is entitled “Method for Processing Debit Purchase Transactions Using a Counter-Top Terminal System.” The patentee’s argument that “telecommunications means” is not in means-plus-function format based on the distance between the “means” and the element that recites the function is rejected for lack of authority cited. In a related case, the magistrate recommended that the term be construed as not means plus function, but since that case settled before it could be adopted this court is not obliged to agree with that construction. The court relies on a declaration filed by the patentee’s expert Mr. Grimes in that related litigation in construing “debit styled card” against the patentee in this case.
