Geigtech East Bay LLC v. Lutron Electronics Co., Inc., No. 1:2018cv05290 - Document 363 (S.D.N.Y. 2024)

Court Description: SECOND CLAIM CONSTRUCTION DECISION. The court issued its original claim construction decision on May 5, 2022, (Dkt. No. 163). However, it became apparent some months ago that the parties did not agree on the meaning of two additional terms - " ;adjacent" and "extends away" - as used in the '717 patent. Since the parties' experts rely on opposing definitions of these terms, claim construction will also determine whether I will allow or disallow certain expert tes timony related to these two disputed terms. Once these disputed claims are construed, I will also make a final ruling about whether any of the proposed expert testimony about "adjacent" or "extending away" will be allowed or e xcluded. The court finds that Maslen's testimony using this interpretation cannot be introduced at trial. To the extent Maslen's testimony at trial uses the term "adjacent", he must adhere to the term's proper construction, i.e., "lying nearby or close to, but not necessarily touching." This constitutes the opinion and order of the court. It is a written opinion and as further set forth in this Order. (Signed by Judge Colleen McMahon on 1/3/24) (yv)