Advanced Display Technologies of Texas, LLC v. AU Optronics Corporation, et. al., 6-11-cv-00011 (TXED July 12, 2012, Order) (Davis, J.).
Thursday, July 19, 2012
“Highly Modulated Surface” Renders Claim Indefinite
The court granted defendants' motion for summary judgment of invalidity for indefiniteness of plaintiff's optical diffuser patent following claim construction. "The [patent-in-suit] fails to provide a standard for measuring the difference between a mere modulated surface and a highly modulated surface. In fact, the patent provides conflicting descriptions of the kinds of bumps that comprise a highly modulated surface. . . . As such, the patent fails to provide a person of ordinary skill in the art an objective anchor against which a potentially infringing product may be compared to determine whether the product meets the highly modulated limitation of Claim 1. . . . While [plaintiff] identifies an alleged purpose of a 'highly' modulated surface as being one of hiding structural features of the light source, the specification instead describes that feature only as a potential use of the surface as a component in an LCD display. . . . A potential use is not a purpose. Accordingly, [plaintiff's] attempt to divine objective guidance from the specification via expert testimony does not save the claims from a finding of indefiniteness."