TecSec, Incorporated v. International Business Machines Corporation et al, No. 1:2010cv00115 - Document 959 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER as to the construction of the disputed claim terms in the '452 patent, the '702 patent, the '755 patent, and the '781 patent. Signed by District Judge Liam O'Grady on 12/21/2017. (awac, )

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TecSec, Incorporated v. International Business Machines Corporation et al Doc. 959 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Tecsec, Inc.. Plaintiff, Civil Action No. I:10-cv-115 Hon. Liam O'Grady Hon. Tiieresa Buchanan Adobe Systems Inc., ei al. Defendants. MEMORANDUM OPINION AND ORDER Tiiis matter is before the Court on Defendant Adobe Systems Inc.'s motion for the construction of 14 disputed patent claim terms and a declaration of indefmiteness of two claim terms, all encompassed ina family ol related patents with substantially similar specification. Specifically, Adobe seeks construction of claims 1, 4, 8, and 9 of U.S. Patent No. 5,369,702 C702); claim 1ofU.S. Patent No. 5,680,452 ('452); claim 1ofU.S. Patent No. 5,717,755 C755); and claims 1,3, 14, and 15 of U.S. Patent No. 5,898,781 ('781). The parties fully briefed the matter and the Court held a Markman hearing on October 27, 2017. 1. PROCEDURAL HISTORY' PlaintiffTecSec, Inc. accuses the Defendant of infringing on four of Plaintiffs related patents: U.S. Patent Nos. 5,369,702 (the "'702 Patent"); 5,680,452 (the "'452 Patent"); 5,717,755 (the'"755 Patent"); and 5,898,781 (the "'781 Patent") (collectively, the '-DCOM Patents"). The DCOM Patents articulate a multi-level encryption method and system that allows ' The history ofthis case is well known to the parties and well-articulated in the prior decisions ofthe Court and she Federal Circuit Court ofAppeals. See, e.g., TecSec. Inc. v. Adobe Sy.';. Inc.. 658 F. App'x 570, .572-75 (Fed. Cir. 2016) ( TecSec IP). Accordingly, the Court limits its background to the issue presented in the present Motion. Dockets.Justia.com

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