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CyWee Group Ltd. v. Motorola Mobility LLC

United States District Court, D. Delaware

December 21, 2018

CYWEE GROUP LTD., Plaintiff,
v.
MOTOROLA MOBILITY LLC, Defendant.

          Stamatios Stamoulis and Richard C. Weinblatt, STAMOULIS & WEINBLATT LLC, Wilmington DE; Michael W. Shore, Alfonso G. Chan, Christopher Evans, Ari B. Rafilson (argued), William D. Ellerman (argued), and Paul T. Beeler, SHORE CHAN DEPUMPO LLP, Dallas, TX, Attorneys for Plaintiff.

          David E. Moore, Bindu A. Palapura, and Stephanie E. O'Byrne, POTTER ANDERSON & CORROON LLP, Wilmington, DE; Stephen M. Hankins and Alison Maddeford (argued), RILEY SAFER HOLMES & CANCILA LLP, San Francisco, CA; Taylor Corbitt, RILEY SAFER HOLMES & CANCILA LLP, Chicago, IL, Attorneys for Defendant.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE

         Presently before the Court is the issue of claim construction of multiple terms in U.S. Patent Nos. 8, 441, 438 ("the '438 patent") and 8, 552, 978 ("the '978 patent"). The Court has considered the Parties' Joint Claim Construction Brief. (D.I. 51). The Court heard oral argument on December 14, 2018. (Hr'g Trans.).

         I. BACKGROUND

         On June 16, 2017, CyWee Group, Ltd. ("Plaintiff) filed a patent infringement action against Motorola Mobility LLC ("Defendant"). (D.I. 1). The patents-in-suit are U.S. Patent Nos. 8, 441, 438 ("the '438 patent") and 8, 552, 978 ("the '978 patent"). The patents-in-suit concern an apparatus and methods capable of detecting, measuring, and calculating the movements and rotations of the axis using either a six-axis (the '438 patent) or nine-axis (the '978 patent) sensor module.

         The parties dispute terms in claims 1, 3-5, and 14-19 of the '438 patent. Claim 1 is representative and reads as follows:

1. A three-dimensional (3D) pointing device subject to movements and rotations in dynamic environments, comprising:
a housing associated with said movements and rotations of the 3D pointing device in a spatial pointer reference frame;
a printed circuit board (PCB) enclosed by the housing;
a six-axis motion sensor module attached to the PCB, comprising a rotation sensor for detecting and generating a first signal set comprising angular velocities wx, wy, wz associated with said movements and rotations of the 3D pointing device in the spatial pointer reference frame, an accelerometer for detecting and generating a second signal set comprising axial accelerations, Ax, Ay, Az associated with said movements and rotations of the 3D pointing device in the spatial pointer reference frame;
and a processing and transmitting module, comprising a data transmitting unit electrically connected to the six-axis motion sensor module for transmitting said first and second signal sets thereof and a computing processor for receiving and calculating said first and second signal sets from the data transmitting unit, communicating with the six-axis motion sensor module to calculate a resulting deviation comprising resultant angles in said spatial pointer reference frame by utilizing a comparison to compare the first signal set with the second signal set whereby said resultant angles in the spatial pointer reference frame of the resulting deviation of the six-axis motion sensor module of the 3D pointing device are obtained under said dynamic environments, wherein the comparison utilized by the processing and transmitting module further comprises an update program to obtain an updated state based on a previous state associated with said first signal set and a measured state associated with said second signal set; wherein the measured state includes a measurement of said second signal set and a predicted measurement obtained based on the first signal set without using any derivatives of the first signal set.

('438 patent, claim 1) (disputed terms italicized).

         The parties dispute terms in claims 10 and 12 of the '978 patent. Claim 10 is representative and reads as follows:

10. A method for compensating rotations of a 3D pointing device, comprising: generating an orientation output associated with an orientation of the 3D pointingdevice associated with three coordinate axes of a ...

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