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TPP Tech LLC v. Zebra Technologies Corp.

United States District Court, D. Delaware

August 15, 2019

TPP TECH LLC, Plaintiff,
v.
ZEBRA TECHNOLOGIES CORPORATION, Defendant.

          Stamatios Stamoulis and Richard C. Weinblatt, STAMOULIS & WEINBLATT LLC, Wilmington, DE; Hao Ni (argued), NI, WANG & MASSAND, PLLC, Dallas, TX. Attorneys for Plaintiff.

          Amy M. Dudash, MORGAN LEWIS & BOCKIUS LLP, Wilmington, DE; Brent A. Hawkins (argued), MORGAN LEWIS & BOCKIUS LLP, San Francisco, CA; James J. Kritsas, MORGAN LEWIS & BOCKIUS LLP, Chicago, IL. Attorneys for Defendant.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE.

         Presently before me is Defendant's Motion to Dismiss Plaintiffs Complaint Pursuant to Rule 12(b)(6). (D.I. 7). The Parties have fully briefed the issues. (D.I. 8, 16, 17). I heard oral argument on June 25, 2019. (D.I. 22 ("Tr.")). I received Plaintiffs proposed claim constructions on July 2, 2019. (D.I. 21). For the reasons discussed more fully below, I will grant Defendant's motion.

         I. Background

         Plaintiff filed suit against Defendant on March 13, 2019 alleging infringement of U.S. Patent Nos. 7, 295, 224 ("'224 Patent") and 7, 825, 943 ("'943 Patent"). (D.I. 1). The Patents relate generally to thermal printing and specifically to "compensating for the effects of thermal history on thermal print heads." ('244 Patent at 1:16-19). Independent claims 1 and 4 are the asserted claims of the '224 Patent:

         1. A computer-implemented method comprising steps of:

(A) identifying a first print head temperature Ts of a print head in a printer;
(B) identifying a current ambient temperature Tr in the printer;
(C) identifying a modified print head temperature Ts' based on the first print head temperature Ts and at least one property selected from the group consisting of the ambient printer temperature Tr and a current relative humidity; and
(D) identifying an input energy to provide to a print head element in the print head based on the modified print head temperature Ts'.

         4. A device comprising:

[A] first identification means for identifying a first print head temperature Ts of a print head in a printer;
[B] second identification means for identifying a current ambient temperature TV in the printer;
[C] third identification means for identifying a modified print head temperature Ts' based on the first print head temperatue [sic] Ts and at least one property selected from the group consisting of the ambient printer temperature Tr and a current relative humidity; and
[D] fourth identification means for identifying an input energy to provide to a print head element in the print head based on the modified print head temperature Ts'.

('224 Patent, claims 1, 4 (bracketed capital letters added)). Claims 1, 11, and 15 are representative of the asserted ...


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