Disputed Constructions

Term
“rate of change in inside
temperature” (’488 patent
claims 1, 9; ’327 patent

Plaintiff’s Proposal
“the difference between two
inside temperature
measurements over a

Defendants’ Proposal
“the difference between
inside temperature
measurements divided by the
span of time between the
measurements (i.e., ∆T/∆t)”

claims 1, 11); “rate of change particular span of time

in temperature inside the
[said] structure” (’488 patent
claims 8, 16; ’327 patent
claims 5, 15)
“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)
’488 Patent Claims 1 and 9 – Plain and ordinary meaning;

between the measurements”

Plain and ordinary meaning;
no construction necessary.

“determination [of the
claimed property] by an
instrument by using
standardized units”

Indefinite due to lack of
essential structural
connections, under In re
Collier, 397 F.2d 1003
(C.C.P.A. 1968), and its
progeny.
“a user intentionally
interacting with the device’s
graphic user interface to alter
the device’s state and indicate
whether the structure is
occupied”
“a user inputting a response
to a prompt on the graphic
user interface [display] of the
one or more networked
electronic devices”

Indefiniteness

no construction necessary.

Plain and ordinary meaning;

“user interface actions

intended to alter a state of one no construction necessary.
or more of said [networked]
electronic devices” (’492
patent claims 1, 10)
“receiving [receives] input

Plain and ordinary meaning;

from said one or more users” no construction necessary.
(’492 patent claims 1, 10);
“said input from said one or
more users” (’492 patent
claims 1, 9, 10, 18)
“outside temperature” (’488 “the temperature at a location “the actual temperature at a

patent claims 1, 2, 9, 10; ’327 outside (or external to) [the

location outside (or external
to) [the structure]”

structure]”

patent claims 1, 2, 11, 12)