Matthew J. Parry-Hill, Robert T. Sutter, Thomas J. Fellers, and Michael W. Davidson - National High Magnetic Field Laboratory, 1800 East Paul Dirac Dr., The Florida State University, Tallahassee, Florida, 32310.

Electromagnetic Wave Propagation - Electromagnetic waves can be generated by a variety of methods, such as a discharging spark or by an oscillating molecular dipole. Visible light is a commonly studied form of electromagnetic radiation, and exhibits oscillating electric and magnetic fields whose amplitudes and directions are represented by vectors that undulate in phase as sinusoidal waves in two mutually perpendicular (orthogonal) planes. This tutorial explores propagation of a virtual electromagnetic wave and considers the orientation of the magnetic and electric field vectors.

Unpolarizedlight

Brewster's Angle - Light that is reflected from the flat surface of a dielectric (or insulating) material is often partially polarized, with the electric vectors of the reflected light vibrating in a plane that is parallel to the surface of the material. Common examples of surfaces that reflect polarized light are undisturbed water, glass, sheet plastics, and highways. In these instances, light waves that have the electric field vectors parallel to the surface are reflected to a greater degree than those with different orientations. This tutorial demonstrates the polarization effect on light reflected at a specific angle (the Brewster angle) from a transparent medium.

Defendants further contend that the clause "notwithstanding the use of excessive manual force to attempt to overcome such interference" is an impermissible mix of statutory classifications. The Federal Circuit has recently held that "reciting both an apparatus and a method of using that apparatus renders a claim indefinite under [35 U.S.C.] section 112," because "a manufacturer or seller of the claimed apparatus would not know from the claim whether it might also be liable for contributory infringement because a buyer or user of the apparatus later performs the claimed method of using the apparatus." IPXL Holdings, L.L.C. v. Amazon.com, Inc., 430 F.3d 1377, 1384 (Fed. Cir. 2005).

Sienna has shown that it is entitled to summary judgment on its claim of infringement. Claim 1 describes a light set that consists of at least one standard bulb socket and at least one non-standard bulb socket, and that these bulb sockets are configured to receive only standard and non-standard twinkle bulbs, respectively. According to the specification, a purpose of the invention is "to provide such a light set which precludes the user from replacing standard steady-burning bulbs with non-standard twinkle bulbs." Each of the defendants' sets contains at least one standard and one non-standard bulb socket, each of which is configured in a way that prevents insertion of the wrong bulb. The defendants' products literally infringe the `909 Patent.

Plaintiff Sienna, LLC ("Sienna") brought this action in May 2006 against CVS Corporation ("CVS") and Everstar Merchandise Co., LTD. ("Everstar"), alleging that defendants have infringed Sienna's United States Reissued Patent No. RE38,909 (the "'909 Patent"), which covers a twinkle light set. Defendants bring this motion for summary judgment, arguing that the '909 Patent is invalid for indefiniteness, and that their twinkle light sets do not in any event infringe the patent. Plaintiff cross-moves for summary judgment. For the reasons stated below, plaintiff's motion for summary judgment is granted.

Telepathy Lamps are long-distance, Wi-Fi-connected lights that let you send a message of love, comfort, or care with a single touch.

Now that we understand the mathematics of polarizations, what is the physics? How do we actually produce polarized light? One way to polarize light is using a ...

polarization极化

Subsequent to filing the reissue application, Sienna learned of a twinkle light set manufactured by GE (the "GE light set"). Sienna filed an Information Disclosure Statement, disclosing the GE light set as prior art. The GE light set consisted of a string of lights with both twinkle and steady-burn bulbs. The twinkle bulbs had bulb bases and sockets that were colored dark green and "coordinatingly keyed"; the steady-burn bulbs and sockets were colored light green and were round. Sienna asserted that in the GE light set, a twinkle bulb could be placed in a steady-burn bulb's socket "without the use of force," which according to Sienna's counsel Neil M. Zipkin ("Zipkin"), "defeat[ed] the safety provisions disclosed and claimed" in the Sienna invention.

Whether a claim term is sufficiently definite depends on whether the terms can be given "any reasonable meaning."Datamize, LLC v. Plumtree Software, Inc., 417 F.3d 1342, 1347 (Fed. Cir. 2005). General principles of claim construction apply: intrinsic evidence should guide the court, but courts are authorized to rely on extrinsic evidence as well. Id. at 1348. "When a word of degree is used the district court must determine whether the patent's specification provides some standard for measuring that degree." Id. at 1351 (citation omitted). "The scope of claim language cannot depend solely on the unrestrained, subjective opinion of a particular individual purportedly practicing the invention." Id. at 1350. Thus inDatamize, the claim term "aesthetically pleasing" was declared indefinite, because the term "does not just include a subjective element, it is completely dependent on a person's subjective opinion." Id.

The Wal-Mart light set includes forty steady-burn bulbs and ten twinkle bulbs. Thirty-eight of the forty steady-burn bulbs are mounted in sockets into which none of the ten twinkle bulbs can be mounted. The other two steady-burn bulbs, however, are mounted in hybrid sockets, one at each end of the light string, into which not only the steady-burn bulbs but also the twinkle bulbs can be mounted.

Circularlypolarized light

Relying on their addition of a few hybrid sockets to each string of lights, defendants maintain that their light sets do not infringe. According to the defendants, because non-standard twinkle bulbs are defined in the specification as bulbs that are received "only in a non-standard bulb socket," the twinkle bulbs in their light sets are not non-standard twinkle bulbs since they can be received not only in the sockets configured for the twinkle bulbs but also in the hybrid sockets, that is, sockets which receive both steady-burn and twinkle bulbs. Because their light sets do not contain "non-standard twinkle bulbs," as that term is defined in the patent, the defendants claim that there is no infringement.

Summary judgment may not be granted unless all of the submissions taken together "show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Rule 56(c), Fed.R.Civ.P. The moving party bears the burden of demonstrating the absence of a material factual question, and in making this determination the court must view all facts in the light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). When the moving party has asserted facts showing that the non-movant's claims cannot be sustained, the opposing party must "set forth specific facts showing that there is a genuine issue for trial," and cannot rest on the "mere allegations or denials" of the movant's pleadings. Rule 56(e), Fed.R.Civ.P.; accord Sista v. CDC Ixis N. Am., Inc., 445 F.3d 161, 169 (2d Cir. 2006). "If this court determines that no material facts remain in dispute, it may proceed to determine entitlement to judgment under the law." SRAM Corp. v. AD-II Eng'g, Inc., 465 F.3d 1351, 1357 (Fed. Cir. 2006). Even though patent infringement is a fact-intensive inquiry, "[s]ummary judgment is appropriate when it is apparent that only one conclusion as to infringement could be reached by a reasonable jury." TechSearch, L.L.C. v. Intel Corp., 286 F.3d 1360, 1369 (Fed. Cir. 2002).

201484 — Different materials, objects and items have a different make up of atoms and electrons. Any object, by its nature, will, when exposed to light, do one of the ...

The CVS light set is similarly constructed. Thirty-eight of its fifty lights are steady-burn bulbs and twelve are twinkle bulbs. Two of the steady-burn bulbs — and again, only two — are mounted in hybrid sockets, one at each end of the light string, into which twinkle bulbs can also be mounted.

Linear polarization

Polarized Light Literature References - A number of high-quality books and review articles on polarized light microscopy have been published by leading researchers in the field. This section contains periodical location information about these articles, as well as providing a listing of selected original research reports and books describing the classical techniques of optical crystallography and polarized light microscopy.

Polarization of Light - When light travels through a linear polarizing material, a selected vibration plane is passed by the polarizer, while electric field vectors vibrating in all other orientations are blocked. Linearly polarized light transmitted through a polarizer can be either passed or absorbed by a second polarizer, depending upon the electric vector transmission azimuth orientation of the second polarizing material. This tutorial explores the effect of rotating two polarizers on an incident beam of white light.

Douglas B. Murphy - Department of Cell Biology and Microscope Facility, Johns Hopkins University School of Medicine, 725 N. Wolfe Street, 107 WBSB, Baltimore, Maryland 21205.

Polarized Light Microscopy Web Resources - Although much neglected and undervalued as an investigative tool, polarized light microscopy provides all the benefits of brightfield microscopy and yet offers a wealth of information, which is simply not available with any other optical microscopy technique. This section is a compendium of web resources focused on all aspects of polarized light microscopy, optical crystallography, and related techniques.

We are known in the industry for offering quality Star Ceiling Fibre Optic Lights. In this range, we also offer luxury crystal chandeliers that are made using ...

p-polarizedlight

In IPXL, a claim reading "[t]he system of claim 2, wherein the predicted transaction information comprises both a transaction type and transaction parameters associated with the transaction type, and the user uses the input means to either change the predicted transaction information or accept the displayed transaction type and transaction parameters," was held to impermissibly mix both a system and a method. IPXL, 430 F.3d at 1384.

In contrast, a twinkle bulb flashes on and off individually. It has an internal shunt circuit which allows the electricity to continuously flow through the bulb so that the remaining bulbs in the circuit can stay lit even when the twinkle bulb is off. This feature, however, creates a risk of fire. Because the resistance in the shunt circuit is much lower than the resistance in a filament, if a large number of twinkle bulbs happen to flash off simultaneously, the current passing through the entire light set can increase significantly. To avoid this potentially dangerous situation, manufacturers limit the number of twinkle bulbs to less than half of the bulbs in a light set. The '841 Patent was designed to prevent consumers from increasing the number of twinkle bulbs in a set by substituting a twinkle bulb for a steady-burn bulb.

Sir David Brewster (1781-1868) - Sir David Brewster was a Scottish physicist who invented the kaleidoscope, made major improvements to the stereoscope, and discovered the polarization phenomenon of light reflected at specific angles. In his studies on polarized light, Brewster discovered that when light strikes a reflective surface at a certain angle (now known as Brewster's Angle), the light reflected from that surface is plane-polarized. He elucidated a simple relationship between the incident angle of the light beam and the refractive index of the reflecting material.

"It is fundamental that one cannot avoid infringement merely by adding elements if each element recited in the claims is found in the accused device," however. SunTiger, Inc. v. Scientific Research Funding Group, 189 F.3d 1327, 1336 (Fed. Cir. 1999) (citation omitted). "If a claim reads merely on a part of an accused device, that is enough for infringement." Id. The addition of a few hybrid sockets does not alter the existence of literal infringement or even change in any material way the manner in which the light set works. Because they use the plaintiff's invention, the defendants' sets still prevent consumers from replacing all but a few steady-burn bulbs with twinkle bulbs. The hybrid sockets have been added in a calculated but unsuccessful attempt to take the defendants' light sets out of the literal language of the claim. They have no other purpose or benefit.

Due to the PTO's error, however, the '841 Patent as issued failed to include any of the definitions Sienna had provided. In addition, Sienna found that the claims in the '841 Patent included an unnecessary limitation because the patent required not only that standard bulb sockets only receive standard bulbs, but also that non-standard bulb sockets receive only non-standard bulbs, when there is no harm in having a standard bulb fit into a non-standard bulb socket. Therefore, Sienna sought to reissue the patent with the definitions added and without the unnecessary limitation.

In support of their motion for summary judgment, the defendants contend that because the twinkle bulbs in each of their light sets can be mounted in the hybrid sockets which hold both steady-burn bulbs and twinkle bulbs, their light sets do not contain "non-standard twinkle bulbs" as required by the '909 Patent's claims. In addition, defendants also claim that the '909 Patent is invalid for indefiniteness, because (1) a phrase in Claim 1 — "use of excessive manual force" — is indefinite and (2) the terms used in the patent cannot be construed. Plaintiff cross-moves for summary judgment, claiming defendants' light sets infringe its '909 Patent and that the '909 Patent is not invalid.

A light meter (or illuminometer) is a device used to measure the amount of light. In photography, an exposure meter is a light meter coupled to either a ...

"A determination of infringement requires a two-step analysis. First, the court determines the scope and meaning of the patent claims asserted, and then the properly construed claims are compared to the allegedly infringing device." Abraxis Bioscience, Inc. v. Mayne Pharma (USA) Inc., 467 F.3d 1370, 1375 (Fed. Cir. 2006) (citation omitted). "Summary judgment on the issue of infringement is proper when no reasonable jury could find that every limitation recited in a properly construed claim either is or is not found in the accused device either literally or under the doctrine of equivalents." PC Connector Solutions LLC v. SmartDisk Corp., 406 F.3d 1359, 1364 (Fed. Cir. 2005).

Overall, except for the two hybrid sockets out of fifty at the ends of the CVS and the Wal-Mart light sets, and the six hybrid sockets out of 120 in the Costco light set, the bulbs in these light sets are all mounted in sockets in which only bulbs of their type can be mounted, because the steady-burn and twinkle bulb bases and sockets are configured with different projections and recesses. The two or six hybrid sockets have a different construction, and although they arrive out of the box with steady-burn bulbs mounted in them, any of the twinkle bulbs in the light sets can be mounted into these few sockets because these larger-sized sockets are designed to accept both types of bulbs.

The dictionary definition of the word excessive is entirely consistent with the obvious import of the term. "Excessive" is defined as "exceeding a normal, usual, reasonable, or proper limit." Am. Heritage Dictionary (4th ed. 2000). Considered in the context of the intrinsic evidence, the term "reasonably . . . describe[s] the claimed subject matter to those of skill in the field of the invention and . . . distinguish the claimed subject matter from the prior art." Anchor Wall, 340 F.3d at 1311.

Sunlight and almost every other form of natural and artificial illumination produces light waves whose electric field vectors vibrate in all planes that are perpendicular with respect to the direction of propagation. If the electric field vectors are restricted to a single plane by filtration of the beam with specialized materials, then the light is referred to as plane or linearly polarized with respect to the direction of propagation, and all waves vibrating in a single plane are termed plane parallel or plane-polarized.

The specification provides six definitions, including definitions for a standard bulb socket, a non-standard bulb socket, and a non-standard twinkle bulb. A standard bulb socket is defined as (emphasis added):

The '841 Patent included only eight claims. In a June 4, 2002 Final Office Action, the U.S. Patent and Trademark Office ("PTO") rejected the '841 application because inter alia it lacked definitions for certain terms and for obviousness. Sienna filed an Amendment that added definitions for terms such as standard bulb socket, non-standard bulb socket, and non-standard twinkle bulb. The application was then approved and the '841 Patent was issued on November 5.

Double Refraction (Birefringence) in Iceland Spar - The first clues to the existence of polarized light surfaced around 1669 when Erasmus Bartholin discovered that crystals of the mineral Iceland spar (more commonly referred to as calcite) produce a double image when objects are viewed through the crystals in transmitted light. This interactive tutorial simulates viewing of a ball-point pen and a line of text through a crystal of Iceland spar, producing a double image.

polarization中文

Sienna names these sockets "combo sockets," but defendants claim they are "standard" sockets. The name of the socket is irrelevant. What is essential is that they be accurately described, and there is no dispute that the description of their function here is accurate.

Whether a claim is sufficiently definite to satisfy the statutory requirements of patent law is a question of law. Id. "If a claim is not amenable to construction, the claim is invalid as indefinite," but "[i]f a claim is amenable to construction, even though the task may be formidable and the conclusion may be one over which reasonable persons will disagree, the claim is not indefinite." Id. at 1016 (citation omitted).

Max Berek (1886-1949) - Max Berek was a German physicist and mathematician, associated with the firm of E. Leitz, who designed a wide spectrum of optical instruments, in particular for polarized light microscopy and several innovative camera lenses. Professor Berek is credited as the inventor of the Leica camera lens system at their Wetzlar factory.

a twinkle bulb according to the present invention which is configured and dimensioned to be operatively received only in a non-standard bulb socket according to the present invention and not to be operatively received in a standard bulb socket.

The `909 Patent does not recite both an apparatus and a method. The clause at issue is not a separate method step, but rather is descriptive of the apparatus itself. See Yodlee, Inc. v. Cashedge, Inc., No. C 05-01550 SI, 2006 WL 3456610, at * 4 (N.D. Cal. Nov. 29, 2006) (describes "capability of the apparatuses");Collegenet, Inc. v. XAP Corp., 442 F. Supp. 2d 1036, 1062 (D. Or. 2006) ("functional limitation"); Collaboration Props., Inc. v. Tandberg ASA, No. C 05-01940 MHP, 2006 WL 1752140, at *6 (N.D. Cal. June 23, 2006) ("statement of functionality"). Therefore, the clause "notwithstanding the use of excessive manual force to attempt to overcome such interference" is not indefinite under Section 112.

Polarized Light Waveforms - The ordinary and extraordinary light waves generated when a beam of light traverses a birefringent crystal have plane-polarized electric vectors that are mutually perpendicular to each other. In addition, due to differences in electronic interaction that each component experiences during its journey through the crystal, there is usually a phase shift that occurs between the two waves. This interactive tutorial explores the generation of linear, elliptical, and circularly polarized light by a pair of orthogonal light waves (as a function of the relative phase shift between the waves) when the electric field vectors are added together.

Polarization of Light (3-D Version) - When non-polarized white light encounters a linear polarizer that is oriented with the transmission azimuth positioned vertically to the incident beam, only those waves having vertical electric field vectors will pass through. Polarized light exiting the first polarizer can be subsequently blocked by a second polarizer if the transmission axis is oriented horizontally with respect to the electric field vector of the polarized light waves. The concept of using two polarizers oriented at right angles with respect to each other is commonly termed crossed polarization and is fundamental to the concept of polarized light microscopy. This tutorial explores the effects of two polarizers having adjustable transmission axes on an incident beam of white light, and enables the visitor to translate the optical train in three dimensions.

Edwin Herbert Land (1909-1991) - The founder of the Polaroid Corporation, Edwin Herbert Land was an American inventor and researcher who dedicated his entire adult life to the study of polarized light, photography and color vision. Perhaps Land's most famous contribution to science, however, was his development of instant photography. The invention was inspired by his three-year old daughter when she asked him why she could not instantly see a picture he had just taken of her on vacation. The one-step dry photographic process took Land three years to perfect, but his success was phenomenal.

A twinkle light set comprising: alternately from one end of said light set to an opposite end of said light set, at least one standard bulb socket electrically operatively receiving a standard bulb, whether a conventional steady burning or a conventional flashing bulb, and at least one non-standard bulb socket electrically operatively receiving a non-standard twinkle bulb; said standard and non-standard bulb sockets being configured and dimensioned to electrically operatively receive only standard and non-standard bulbs, respectively; said standard bulb socket being configured and dimensioned and not to electrically operatively receive a non-standard bulb because of interference of a laterally larger exterior dimension of the non-standard bulb with a laterally smaller interior dimension of said standard bulb socket, notwithstanding the use of excessive manual force to attempt to overcome such interference.

a conventional socket configured and dimensioned to operatively receive a conventional standard bulb, — whether it be a conventional flashing lamp, an individual-flashing lamp or a steady-burning lamp — and to not operatively receive a non-standard twinkle bulb according to the present invention.

The term "excessive manual force" is similarly definite. While the term is "mathematically imprecise," Anchor Wall, 340 F.3d at 1310, the meaning of the term is sufficiently clear. The purpose of the invention as described in the specification (to "preclude the user from replacing standard steady-burning bulbs with non-standard twinkle bulbs") and the prosecution history (in particular, Sienna's efforts to distinguish its invention from the prior art GE light set) assists in providing a "reasonable meaning" to the claim term "excessive manual force."

Shinya Inoué (1921-Present) - Shinya Inoué is a microscopist, cell biologist, and educator who has been described as the grandfather of modern light microscopy. The pioneering microscopist heavily influenced the study of cell dynamics during the 1980s through his developments in video-enhanced contrast microscopy (VEC), which is a modification of the traditional form of differential interference contrast (DIC) microscopy. Inoué also made significant contributions to the investigation of biological systems with polarized light microscopy. His seminal work, "Video Microscopy," was published in 1986, and a second revised and updated edition, co-authored with Kenneth Spring, followed in 1997. The book is a cornerstone of microscopical knowledge and is highly regarded throughout the scientific community.

Sienna filed this action on May 3, 2006, alleging that defendants have made and sold various twinkle light sets that infringe the '909 Patent. Everstar sells decorative lights primarily for the holiday season, including twinkle light sets. Three of its models include 50-light sets sold by Wal-Mart and CVS (the "Wal-Mart light set" and the "CVS light set") and a 450-light set sold by Costco (the "Costco light set").

Polarized Light Virtual Microscopes - When a birefringent material is placed between crossed polarizers in an optical microscope, light incident upon the material is split into two component beams whose amplitude and intensity vary depending upon the orientation angle between the polarizer and permitted vibration directions of the material. Use this link to explore our tutorials on polarized light microscopy.

Electric polarization

Defendants argue that the term "excessive manual force" is too imprecise since not all individuals are equally strong. The defendants are impermissibly raising the standard that is required to meet definiteness; mathematical precision is not required. See id. at 3110. In the context of forcing a light bulb into a socket, the ordinary meaning of the word "excessive" is sufficiently clear and definite for one skilled in the art.

20181020 — Answer ... Dispersion of Light' can be defined as the splitting of white light when it passes through a glass prism into its constituent spectrum ...

Nicol Prisms - Several versions of prism-based polarizing devices were once widely available, and these were usually named after their designers. The most common polarizing prism (illustrated in the tutorial window) was named after William Nicol, who first cleaved and cemented together two crystals of Iceland spar with Canada balsam in 1829. Nicol prisms were first used to measure the polarization angle of birefringent compounds, leading to new developments in the understanding of interaction between polarized light and crystalline substances. This interactive tutorial explores the generation of orthogonal or mutually perpendicular (ordinary and extraordinary) waves as the result of light transmission through a Nicol prism.

Polarized Light Microscopy -The polarized light microscope is designed to observe and photograph specimens that are visible primarily due to their optically anisotropic character. In order to accomplish this task, the microscope must be equipped with both a polarizer, positioned in the light path somewhere before the specimen, and an analyzer (a second polarizer), placed in the optical pathway between the objective rear aperture and the observation tubes or camera port. Image contrast arises from the interaction of plane-polarized light with a birefringent (or doubly-refracting) specimen to produce two individual wave components that are each polarized in mutually perpendicular planes. The velocities of these components are different and vary with the propagation direction through the specimen. After exiting the specimen, the light components become out of phase, but are recombined with constructive and destructive interference when they pass through the analyzer. Polarized light is a contrast-enhancing technique that improves the quality of the image obtained with birefringent materials when compared to other techniques such as darkfield and brightfield illumination, differential interference contrast, phase contrast, Hoffman modulation contrast, and fluorescence.

Collimating lenses in this paper generate parallel light based on geometry optics and nonimaging optics (NIO) theory. Coordinates of points on the lens surface, ...

Jul 14, 2022 — Their advanced fiber-optic network includes 20,000+ route miles of fiber and 13,500+ lit service locations. For over 30 years, thousands of ...

a socket according to the present invention configured and dimensioned to operatively receive only a non-standard twinkle bulb according to the present invention and not to operatively receive a conventional bulb.

Defendants point to two parts of the `909 Patent as indefinite. First, the defendants claim that the claim language "notwithstanding the use of excessive manual force" is indefinite because "excessive" is a comparative and subjective term, and the clause impermissibly mixes statutory classifications by including an apparatus limitation and a method of use limitation. Second, the defendants claim the `909 Patent is indefinite because the definitions for standard bulb socket, non-standard bulb socket, and non-standard twinkle bulb are circular, negative, absurd, and non-sensical.

For the Defendants: Michael E. McCabe, Jr., Barry J. Herman, Robert C. Nissen, Oblon, Spivak, McClelland, Maier Neustadt, P.C., Alexandria, VA, Jeffrey A. Schwab, John H. Choi, Abelman, Frayne Schwab, New York, NY.

The '909 Patent is a reissue of United States Patent No. 6,474,841 (the "'841 Patent"), which was invented by Sienna's Chief Engineer Najeh Rahman ("Rahman"). The object of the '841 and '909 Patents was to provide a safer twinkle light set. Decorative light sets typically have some combination of three different types of light bulbs: steady-burn bulbs, flashing bulbs, and individual flashing or "twinkle" bulbs. A steady-burn bulb stays lit as long as the light set is plugged in. A flashing bulb has a filament that opens and closes as the bulb heats and cools, causing the lamp to cycle off and on. Because most light sets are wired in a series like a chain, if there is one flashing bulb in the series, that bulb causes all the bulbs in a light string to cycle on and off with the flashing bulb and flash simultaneously.

In re Schechter has no relevance to the claims in the `909 Patent. In that case the claim attempted to cover all of a class of compounds except those shown in prior art. Id. There is no per se ban on the use of negative limitations, and In re Schechter does not suggest that one exists. See, e.g., In re Wakefield, 422 F.2d 897, 904 (C.C.P.A. 1970) (finding a claim still definite despite a negative limitation); see also SmithKline Beecham Corp. v. Apotex Corp., 403 F.3d 1331, 1363 (Fed. Cir. 2005) (suggesting patentees incorporate negative limitations such as "non-natural" or "non-human" into their claims); Animal Legal Defense Fund v. Quigg, 932 F.2d 920, 923 (Fed. Cir. 1991) ("The use of a negative limitation to define the metes and bounds of the claimed subject matter is a permissible form of expression."). The defendants have not shown that the use of negatives in the definitions in the `909 Patent's specifications creates any ambiguity or otherwise requires a finding of invalidity.

Super Bright LEDs is one of the largest online retailers of LED lighting for commercial and residential uses. Enjoy free/same-day shipping on qualifying ...

Polarization

Summary judgment is granted in favor of the plaintiff on its claim that defendants have infringed the `909 Patent and its motion to dismiss the defendants' challenges to the validity of the patent. The defendants' motions for summary judgment are denied.

LED light therapy sends infrared and red light wavelengths into the body to relax tight muscles, increase blood flow, and promote recovery.

This patent case concerns twinkling lights. Strings of lights that "twinkle" are in fact composed of both twinkling and steady-burn light bulbs. This design is necessary since too many twinkling bulbs in a single string create a risk of fire. Addressing this danger, the plaintiff's invention prevents the consumer from substituting twinkling light bulbs for steady-burn bulbs by designing an incompatible, non-standard shape for the twinkling light bulb and its socket. The defendants have copied the invention. They contend that they have not actually infringed the plaintiff's patent, however, because they have also added a few hybrid sockets to their strings of lights, that is, sockets which accept both the standard and non-standard shaped bulbs. These additions are inadequate to escape a finding of infringement.

Finally, defendants argue that the claim terms "standard bulb socket," "non-standard bulb socket," and "non-standard twinkle bulb" cannot be construed. Their only argument in this connection that merits any discussion is the argument that the `909 Patent encompasses an impermissible negative limitation. Relying on In re Schechter, 205 F.2d 185, 188 (C.C.P.A. 1953), the defendants point to the fact that each of the bulb sockets and bulbs are defined as being of a type that receives or is received by one type of bulb or socket, while "not operatively receiv[ing]" or "not to be operatively received in" the other type.

Defendants claim that the `909 Patent is invalid because it is indefinite under 35 U.S.C. § 112. "A patent is presumed valid, and the burden of establishing invalidity as to any claim of a patent rests upon the party asserting such invalidity. Clear and convincing evidence is required to invalidate a patent." Aero Products Int'l, Inc. v. Intex Recreation Corp., 466 F.3d 1000, 1015 (Fed. Cir. 2006).

In an October 26, 2004 interview with a PTO examiner, Zipkin asserted that "with extra force" he could insert a twinkle bulb into a steady-burn bulb's socket in a GE light set. The PTO examiner further noted that "ecessive [sic] force" was required for "both insertion and detachment of the bulb base from the assembly" in the GE light set. The examiner concluded that Sienna needed to claim "additional structural limitations which would make it technically infeasible to make the bulb base of one category insertable in the socket of the other category." Sienna amended its patent application accordingly.

In construing a patent claim, which is a question of law, a court "should look first to the intrinsic evidence of record,i.e., the patent itself, including the claims, the specification and, if in evidence, the prosecution history." Id. at 1362 (citation omitted). If the meaning of the claim is clear from the intrinsic evidence alone, resort to extrinsic evidence is improper. Boss Control, Inc. v. Bombardier Inc., 410 F.3d 1372, 1377 (Fed. Cir. 2005). "Words of a claim are generally given their ordinary and customary meaning. A patentee, however, can act as his own lexicographer to specifically define terms of a claim contrary to their ordinary meaning." Abraxis Bioscience, 467 F.3d at 1376 (citation omitted). Even when the inventor acts as its own lexicographer, its definitions "must be understood and interpreted by the court as they would be understood and interpreted by a person in that field of technology." Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc) (citation omitted). In addition, "the specification is always highly relevant to the claim construction analysis. Usually, it is dispositive; it is the single best guide to the meaning of a disputed term." Id. at 1315 (citation omitted). Although courts use the specification "to interpret the meaning of a claim," at the same time courts must "avoid the danger of reading limitations from the specification into the claim" itself. Id. at 1323. Under the theory of literal infringement, the patentee proves infringement by demonstrating that the accused device contains each and every limitation of the claim. Abraxis Bioscience, 467 F.3d at 1378.

Introduction to Polarized Light - The human eye lacks the ability to distinguish between randomly oriented and polarized light, and plane-polarized light can only be detected through an intensity or color effect, for example, by reduced glare when wearing polarized sun glasses. In effect, humans cannot differentiate between the high contrast real images observed in a polarized light microscope and identical images of the same specimens captured digitally (or on film), and then projected onto a screen with light that is not polarized. The first clues to the existence of polarized light surfaced around 1669 when Erasmus Bartholin discovered that crystals of the mineral Iceland spar (more commonly referred to as calcite) produce a double image when objects are viewed through the crystals in transmitted light. During his experiments, Bartholin also observed a quite unusual phenomenon. When the calcite crystals are rotated about their axis, one of the images moves in a circle around the other, providing strong evidence that the crystals are somehow splitting the light into two different beams.

Henri Hureau de Sénarmont (1808-1862) - Sénarmont was a professor of mineralogy and director of studies at the École des Mines in Paris, especially distinguished for his research on polarization and his studies on the artificial formation of minerals. He also contributed to the Geological Survey of France by preparing geological maps and essays. Perhaps the most significant contribution made by de Sénarmont to optics was the polarized light retardation compensator bearing his name, which is still widely utilized today.

[W]ords of approximation . . . such as "approach each other," "close to," "substantially equal," and "closely approximate" are ubiquitously used in patent claims and such usages, when serving reasonably to describe the claimed subject matter to those of skill in the field of the invention and to distinguish the claimed subject matter from the prior art, have been accepted in patent examination and upheld by the court. Anchor Wall Systems, Inc. v. Rockwood Retaining Walls, Inc., 340 F.3d 1298, 1310-11 (Fed. Cir. 2003) (citation omitted). "[W]hile ideally, all terms in a disputed claim would be definitively bounded and clear, such is rarely the case in the art of claim drafting." Id. at 1311. When considered in the context of the primary intrinsic evidence and the secondary extrinsic evidence, courts have found terms such as "generally parallel," id. at 1310-11; "substantially constant wall thickness," Verve, LLC v. Crane Cams, Inc., 311 F.3d 1116, 1119-20 (Fed. Cir. 2002); and "substantially uniform," Ecolab, Inc. v. Envirochem, Inc., 264 F.3d 1358, 1367 (Fed. Cir. 2001), to be sufficiently definite in a patent claim.

The defendants object to some of the terminology plaintiff's affiant Rahman has used in his submission on these motions. Because the objection concerns only terminology, and the essential facts are undisputed, it is unnecessary to address defendants' objections.

Finally, the Costco light set consists of three strings of 150 lights each. In each of the strings of 150 lights, 120 are steady-burn bulbs and thirty are twinkle bulbs. Of those 120 steady-burn bulbs, 114 are mounted in sockets into which none of the thirty twinkle bulbs can be mounted. Six of the steady-burn bulbs, however, are mounted in hybrid sockets, positioned at the first, forty-sixth, fifty-first, ninety-sixth, 101st, and 146th light sockets. Not only the steady-burn bulbs but also the twinkle bulbs can be mounted into these hybrid sockets.