Bushnell Hawthorne, LLC v. Cisco Systems, Inc., No. 1:2018cv00760 - Document 133 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 7/1/19. (klau, )

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Bushnell Hawthorne, LLC v. Cisco Systems, Inc. Doc. 133 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division BUSHNELL HAWTHORNE,LLC, Plaintiff, V. Case No. l:18-cv-760 CISCO SYSTEMS,INC., Defendant. MEMORANDUM OPINION At issue in this patent infringement action are the parties' proposals regarding the appropriate construction of certain claim terms recited by plaintiffs patent, U.S. Patent No. 7,933,951 ("the '951 Patent"). Among these proposals is defendant's argument that certain claims ofthe '951 Patent, including the Patent's sole independent claim, are fatally indefinite. The parties appeared for a claim construction hearing on May 23, 2019, and this matter, including the issue whether the '951 Patent is indefinite, has been fully briefed and argued. Accordingly, the parties' claim construction disputes are now ripe for disposition. I. The '951 Patent is entitled "Systems and Methods for Discerning and Controlling Communication Traffic." The Patent purports to disclose "systems and methods... that allow for redirection ofcommunication traffic over the Internet based, at least in part, on the type of higherlevel communication protocol intended to be used."See '951 Patent, Abstract. Claim 1 is the sole independent claim ofthe '951 Patent. The claim reads as follows: 1. A computer system for redirecting Internet communications, said system comprising: a first processor that receives information from a computer at a point of origin; Dockets.Justia.com

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