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Adidas Ag v. Under Armour, Inc.

United States District Court, D. Delaware

June 15, 2015

ADIDAS AG and ADIDAS AMERICA, INC., Plaintiffs,
v.
UNDER ARMOUR, INC. and MAPMYFITNESS, INC., Defendants,

ORDER CONSTRUING THE TERMS OF U.S. PATENT NOS. 7, 957, 752; 8, 244, 226; 8, 068, 858; 7, 905, 815; 7, 931, 562; 8, 652, 009; 8, 725, 276; 8, 579, 767; 8, 721, 502

GREGORY M. SLEET, District Judge.

The court having considered the submissions of the parties and having heard oral argument on the matter-IT IS HEREBY ORDERED, ADJUDGED, and DECREED that, as used in the asserted claims of U.S. Patent Nos. 7, 957, 752 ("the '752 Patent"); 8, 244, 226 ("the '226 Patent"); 8, 068, 858 ("the '858 Patent"); 7, 905, 815 ("the '815 Patent"); 7, 931, 562 ("the '562 Patent"); 8, 652, 009 ("the '009 Patent"); 8, 725, 276 ("the '276 Patent"); 8, 579, 767 ("the '767 Patent"); 8, 721, 502 ("the '502 Patent"):

The '752 Patent
1. The term "at least one of a set including" is construed to mean "a set including at least one of."[1]
2. The term "rating tool" is construed to mean "a tool allowing a user to assign a user rating."[2]
3. The term "user rating" is construed to mean "relative rank assigned by a user."[3]
The '226 Patent
4. The term "individual rating" is construed to mean "evaluative assessment assigned to a route by a user."[4]
5. The term "route rating" is construed to mean "evaluative assessment assigned to a route."[5]
The '858 Patent
6. The term "route path" is construed to mean "geographical representation of the route."[6]
7. The term "while the user is engaged in the physical activity" is construed to have its plain and ordinary meaning.[7]
The '815 Patent
8. The court declines to construe the term "base station" at this time.[8]
The '562 Patent
9. The term "separate input device" (claim 1) is construed to mean "an input device that is a physically independent unit from the position monitoring device."[9]
10. The term "separate device" (claim 10) is construed to mean "an input device that is a physically independent unit from the device collecting position or speed information."[10]
The '562, '009 & '276 Patents
11. The terms "position data" and "position information" are construed to mean "data relating to geographic position" and "information relating to geographic position, " respectively.[11]
The '767 & '502 Patents
12. The term "positions points" is construed to mean "geographic position points."[12]
13. The term "during the physical activity" is construed to have its plain and ordinary meaning.[13]

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