Term in preamble does not limit claim

Magnetar Technologies Corp., et al. v. Six Flags Theme Parks, Inc., et al., Civ. No.07-127-LPS-MPT, February 1, 2012.

Stark, J.  Claim construction opinion.

Plaintiff initiated this patent case on March 1, 2007, asserting that defendant, an amusement park operator, infringes two patents relating to magnetic braking systems.  Now retired Judge Farnan conducted a claim construction hearing on October 15, 2009.  Following reassignment of the case, another claim construction hearing was held on April 14, 2011.  The Court construed the following terms:

material handling/material handling car – This preamble phrase does not limit the claim.

fin extending from an underside of said car and lengthwise of said car – Means a fin extending from an area under the chassis of a car (e.g., the part of the car to which the wheels are mounted) in the direction of the length of said car.

change the spaced apart relationship – Means change the relationship of one thing (i.e., a wall or magnet array) relative to the other (i.e., the other wall or magnet array), or both relative to each other, in any direction, in physical space.

as a function of velocity of the member between the arrays – Means that the apparatus in claims 1 and 10 is capable of adjusting eddy current and braking force in a way that depends on velocity of the member between the first and second arrays of magnets.
 

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