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Centrak, Inc. v. Sonitor Technologies, Inc.

United States District Court, D. Delaware

August 30, 2017

CENTRAK, INC., Plaintiff,
v.
SONITOR TECHNOLOGIES, INC. Defendant.

          Neal C. Belgam, Esq., SMITH, KATZENSTEIN & JENKINS LLP, Wilmington, DE; Eve H. Ormerod, Esq., SMITH, KATZENSTEIN & JENKINS LLP, Wilmington, DE; Jeffrey I. Kaplan, Esq. (argued), KAPLAN BREYER SCHWARZ & OTTESEN, LLP, Matawan, NJ; Daniel Basov, Esq., KAPLAN BREYER SCHWARZ & OTTESEN, LLP, Matawan, NJ; Joseph W. Bain, Esq., SHUTTS & BOWEN, West Palm Beach, FL. Attorneys for Plaintiff.

          Jack B. Blumenfeld, Esq. (argued), MORRIS NICHOLS ARSHT & TUNNELL LLP, Wilmington, DE; Jennifer Ying, Esq. (argued), MORRIS NICHOLS ARSHT & TUNNELL LLP, Wilmington, DE. Attorneys for Defendant.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE.

         Presently before the Court are Defendant's Motion for Summary Judgment of No Infringement of U.S. Patent No. 8, 604, 909 (D.I. 148) and related briefing (D.I. 149, 175, 213) and Defendant's Motion for Summary Judgment of Invalidity of U.S. Patent No. 8, 604, 909 (D.I. 150) and related briefing (D.I. 151, 181, 214). The Court heard oral argument on June 9, 2017. (D.I. 235) ("Hr'g Tr."). After oral argument, at the court's direction, the parties submitted additional briefing directed to the evidence of record related to Plaintiffs infringement theories. (D.I. 230, 231, 233, 234).

         I. Background

         Plaintiff brought this infringement action on February 12, 2014, alleging that Defendant infringes U.S. Patent No. 8, 604, 909 ("the '909 patent"). (D.I. 1). Plaintiff amended its complaint on November 10, 2015. (D.I. 87). Defendant answered, raising a number of defenses, including non-infringement and invalidity. (D.I. 106).

         The '909 patent claims methods and systems for locating and identifying portable devices using ultrasonic base stations. Plaintiff asserts that Defendant infringes independent claims 1, 7, 8, 16, and 26 and dependent claims 18, 21, and 22 of the '909 patent. (D.I. 149 at 7). Claims 1, 7, 8, 18, 21, and 22 are system claims. Claim 1 reads as follows:

1. A system for determining a location and an identity of a portable device, the system comprising:
means for transmitting timing synchronization information including a plurality of RF transceivers coupled to a backbone network and a time server generating the timing synchronization information;
wherein each of the plurality of RF transceivers periodically transmits a request to the time server to receive the timing synchronization information;
a plurality of stationary ultrasonic base stations, each ultrasonic base station configured to receive the timing synchronization information and to transmit a corresponding ultrasonic location code in a time period based on the received timing synchronization information, each ultrasonic location code representative of a location of the respective ultrasonic base station; and
a plurality of portable devices, each portable device configured to 1) receive the timing synchronization information, 2) detect the ultrasonic location codes from the ultrasonic base stations and 3) transmit an output signal including a portable device ID representative of the portable device and the detected location code,
wherein each portable device is synchronized to detect the ultrasonic location code in the time period based on the received timing synchronization information.

         ('909 patent, claim 1). Claims 16 and 26 are directed to an ultrasonic base station. Claim 16 reads as follows:

         16. An ultrasonic base station, comprising:

a radio frequency (RF) receiver, coupled to a time server via a backbone network and configured to receive timing synchronization information from the time server via the backbone network; and
an ultrasonic transmitter configured to transmit an ultrasonic location code in a time period based on the received timing synchronization information, the ultrasonic location code representative of a location of the ultrasonic base station,
wherein the ultrasonic base station periodically transmits a request to the time server, via the backbone network, to receive the timing synchronization information.

('909 patent, claim 16).

         II. ...


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