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Judge Sleet: Claim Construction Order

By Karen E. Keller, Andrew A. Lundgren et al.

Softspikes LLC v. MacNeill Engineering Co, Inc., C.A. No. 08-469-GMS (D. Del. Apr. 29, 2010)

U.S. Patent No. 6,052,923
1. Term: ?bearing portion substantially bears the weight of said user, substantially without said traction protrusions bearing said weight of said user?

Construction: ?bearing portion bears the overwhelming majority of the weight of said user:

2. Term: ?to support the majority of the body weight placed on the cleat, tending to keep weight off said traction protrusions?

Construction: ?a majority of the weight applied to the cleat is borne by the weight bearing surface?

3. Term: ?deflecting?

Construction: ?bending to some extent?

4. Term: ?withstanding abrasion?

Construction: plain and ordinary meaning

5. Means-plus function term: ?sole attachment means?

Construction: The function of the term is ?attachment of removable cleats to the shoe? The corresponding structure includes a socket, displayed in Figure 2 and item 21

6. Means-plus function term: ?flange attachment means?

Construction: The function of the term is ?removably attaching the cleats to a sole attachment means of a sole of a shoe? The corresponding structure includes an attachment stud that screws into a receptacle on a golf shoe (see Figures 2, and 4-11 and item 20)

7. Terms: ?a bearing portion on said opposing lower surface of the flange remote from said edge,? ?central abrasion portion,? and ?abrasion portion?

Construction: ?the part of the lower surface of the flange bounded by the plurality of the traction protrusions?

U.S Patent No. 6,167,641
1. Term: ?to provide traction without puncturing turf?

Construction: ?the protrusions extend into and engage the grass blades of the turf, but do not penetrate into the ground or, if the do penetrate into the ground on certain types of turf surfaces (such as closely cropped greens), penetrate into the ground only a negligible amount insufficient to significantly damage the grass plant.?

2. Term: ?deflectable? and ?deflectably?

Construction: plain and ordinary meaning

3. Term: ?traction element extending when in said relaxed configuration substantially
laterally substantially from said perimeter of said hub?

Construction: ?when not under load, the entire traction element extends outwardly from the perimeter of the hub further than it extends downwardly from the perimeter of the hub.?

4. Term: ?perimeter?

Construction: ?the outermost edge of the hub?

5. Term: ?said arm extends away from said second side of said hub, such that when said
removable cleat is attached to a shoe sole, said arm is cantilevered away from said shoe sole?

Construction: ?the arm is attached to the hub and extends away from the hub so that it is not in contact with the shoe sole when in a relaxed configuration.?

6. Means-plus function term: ?sole attachment means?

Construction: The function of the term is ?attachment of removable cleats to the shoe? The corresponding structure includes a socket, displayed in Figure 2 and item 21

7. Means-plus function term: ?hub attachment means?

Construction: The function of the term is ?attaching the hub to one of the sole attachment means.? The corresponding structure includes a stud or shaft integral with the hub (see Figures 2, 4-6, or 25-28 and item 20, or a separate conventional screw removable from the
central hub)

8. Term: ?turf-engaging portion projecting when in said relaxed configuration away from,
and substantially perpendicular to, said second side?

Construction: ?when not under load, the turf-engaging portion of the traction element extends downwardly from the second?

9. Term: ?arm extending substantially laterally from said perimeter of said hub?

Construction: ?when not under load, the arm element extends outwardly from the perimeter of the hub further than it extends downwardly from the perimeter of the hub?

10. Term: ?to minimize wear?

Construction: plain and ordinary meaning

U.S. Patent No. 6,397,499
1. Means-plus function term: ?gripping member for engaging the ground?

Construction: The function of the term is ?engaging the ground.? The
corresponding structure includes those described in Figures 1, 3, 9, 11, 21, and 22

2. Term: ?base?

Construction: plain and ordinary meaning.

3. Term: ?three extensions attached to the base?

Construction: plain and ordinary meaning.

4. Term: ?projects radially outward from the base?

Construction: plain and ordinary meaning.

5. Term: ?skirt?

Construction: ?the portion of the cleat generally located between the portion that engages the ground, and the opposite end.?

U.S. Patent No. 6,332,281
1. Means-plus function term: ?ground engaging member?

Construction: The function of the term is ?engaging the ground.? The corresponding structure includes those described in Figures 1,3,9,11,21 and 22

2. Term: ?opening?

Construction: plain and ordinary meaning.

3. Term: ?radial receptacle projections?

Construction: ?receptacle projections that extend in a radial direction, i.e. radiating from or converging to a common center.?

4. Term: ?radial cleat projections?

Construction: ?cleat projections that extend in a radial direction, i.e. radiating from or converging to a common center.?

5. Term: ?the radial center of the projection?

Construction: ?the midpoint of the radial projection?

6. Terms: ?convex curved? and ?convex?

Construction: ?curved or rounded like the exterior of a sphere or circle?

7. Term: ?skirt?

Construction: ?the portion of the cleat generally located between the portion that engages the ground, and the opposite end?

8. Term: ?the cleat projections are capable of interacting with a corresponding cleat
Receptacle?

Construction: plain and ordinary meaning

9. Term: ?cleat ... having a vertical axis with first and second ends?

Construction: ?a vertical line through the center of the cleat running from the top-most portion of the cleat to the bottom-most portion of the cleat.?

10. Term: ?equally spaced?

Construction: ?evenly distributed around the cleat or receptacle?

U.S. Patent No. RE40,460
1. Means-plus function term: ?surface engaging member?
Construction: The function of the term is ?engaging the ground.? The corresponding structure includes those described in Figures 1,3,9,11,21, 22 and 28

2. Term: ?opening?

Construction: plain and ordinary meaning

3. Term: ?radial receptacle projections?

Construction: ?receptacle projections that extend in a radial direction, i.e. radiating from or converging to a common center?

4. Terms: ?convex curved? and ?convex?

Construction: ?curved or rounded like the exterior of a sphere or circle?

5. Term: ?circumferential center?

Construction: ?the midpoint of the projection?

6. Term: ?the cleat projections are capable of interacting with a corresponding cleat receptacle?

Construction: plain and ordinary meaning.

7. Term: ?a cleat [member] having a vertical axis with first and second ends?

Construction: ?a vertical line through the center of the cleat running from the top-most portion of the cleat to the bottom-most portion of the cleat.?

8. Term: ?equally spaced?

Construction: ?evenly distributed around the cleat or receptacle?

Softspikes LLC v. MacNeill Engineering Co, Inc., C.A. No. 08-469-GMS (D. Del. Apr. 29, 2010)

Full post as published by Delaware IP Law Blog on May 07, 2010 (boomark / email).