2 
Disputed Constructions
Term Plaintiff’s Proposal Defendants’ Proposal
“rate of change in inside 
temperature” (’488 patent 
claims 1, 9; ’327 patent 
claims 1, 11); “rate of change 
in temperature inside the 
[said] structure” (’488 patent 
claims 8, 16; ’327 patent 
claims 5, 15)
“the difference between two 
inside temperature 
measurements over a
particular span of time 
between the measurements”
“the difference between 
inside temperature 
measurements divided by the 
span of time between the 
measurements (i.e., ∆T/∆t)”
“measurement[s]” 
[“measurement[s]”; 
“measurement of outside 
temperatures”; “temperature 
measurement inside a 
structure”; “temperature 
measurements from inside the 
structure”; “measurement of 
at least one characteristic of 
the building”; “measurement 
of the current outdoor 
temperature”] (’488, ’327, 
and ’382 patents, all claims)
Plain and ordinary meaning; 
no construction necessary. 
“determination [of the 
claimed property] by an 
instrument by using 
standardized units” 
’488 Patent Claims 1 and 9 –
Indefiniteness
Plain and ordinary meaning; 
no construction necessary. 
Indefinite due to lack of 
essential structural 
connections, under In re 
Collier, 397 F.2d 1003 
(C.C.P.A. 1968), and its 
progeny.
“user interface actions 
intended to alter a state of one 
or more of said [networked] 
electronic devices” (’492 
patent claims 1, 10) 
Plain and ordinary meaning; 
no construction necessary. 
“a user intentionally 
interacting with the device’s 
graphic user interface to alter 
the device’s state and indicate 
whether the structure is 
occupied”
“receiving [receives] input 
from said one or more users” 
(’492 patent claims 1, 10); 
“said input from said one or 
more users” (’492 patent 
claims 1, 9, 10, 18)
Plain and ordinary meaning; 
no construction necessary. 
“a user inputting a response 
to a prompt on the graphic 
user interface [display] of the 
one or more networked 
electronic devices”
“outside temperature” (’488 
patent claims 1, 2, 9, 10; ’327 
patent claims 1, 2, 11, 12)
“the temperature at a location 
outside (or external to) [the 
structure]”
“the actual temperature at a 
location outside (or external 
to) [the structure]”
Case 6:20-cv-00075-ADA Document 40 Filed 11/17/20 Page 3 of 7
Appx6752
Case: 23-1101 Document: 15 Page: 286 Filed: 05/09/2023