           Case: 23-1101           Document: 15       Page: 286      Filed: 05/09/2023

         Case 6:20-cv-00075-ADA Document 40 Filed 11/17/20 Page 3 of 7




      Disputed Constructions

Term                               Plaintiff’s Proposal           Defendants’ Proposal
“rate of change in inside          “the difference between two    “the difference between
temperature” (’488 patent          inside temperature             inside temperature
claims 1, 9; ’327 patent           measurements over a            measurements divided by the
claims 1, 11); “rate of change     particular span of time        span of time between the
in temperature inside the          between the measurements”      measurements (i.e., ∆T/∆t)”
[said] structure” (’488 patent
claims 8, 16; ’327 patent
claims 5, 15)
“measurement[s]”                   Plain and ordinary meaning;    “determination [of the
[“measurement[s]”;                 no construction necessary.     claimed property] by an
“measurement of outside                                           instrument by using
temperatures”; “temperature                                       standardized units”
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;    Indefinite due to lack of
Indefiniteness                     no construction necessary.     essential structural
                                                                  connections, under In re
                                                                  Collier, 397 F.2d 1003
                                                                  (C.C.P.A. 1968), and its
                                                                  progeny.
“user interface actions            Plain and ordinary meaning;    “a user intentionally
intended to alter a state of one   no construction necessary.     interacting with the device’s
or more of said [networked]                                       graphic user interface to alter
electronic devices” (’492                                         the device’s state and indicate
patent claims 1, 10)                                              whether the structure is
                                                                  occupied”
“receiving [receives] input        Plain and ordinary meaning;    “a user inputting a response
from said one or more users”       no construction necessary.     to a prompt on the graphic
(’492 patent claims 1, 10);                                       user interface [display] of the
“said input from said one or                                      one or more networked
more users” (’492 patent                                          electronic devices”
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
patent claims 1, 2, 11, 12)        structure]”                    to) [the structure]”




                                                 2
                                            Appx6752
