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Vederi, LLC v. Google LLC

United States Court of Appeals for the Federal Circuit

May 14, 2020, Decided

2016-1919, 2016-1979, 2017-1479, 2019-1211, 2019-1573

Opinion

STOLL, Circuit Judge.

This is a consolidated appeal from the final decisions of the Patent Trial and Appeal Board in four inter partes reexaminations of related U.S. Patent Nos. 7,805,025, 7,239,760, 7,577,316, and 7,813,596, owned by Vederi, LLC. Vederi asks this court to consider two claim construction disputes and various factual issues regarding the scope and content of the prior art. Google LLC cross-appeals, asking this court to consider an additional issue of claim construction. We adopt the Board's construction of the disputed claim term "composite image." We do not adopt the Board's construction of "moving" in the limitation "image frames acquired by an image recording [*2]  device moving along a trajectory," or its construction of "web page for the retail establishment." Because the "moving" limitation is found in each claim at issue on appeal, we vacate the Board's decisions and remand for the Board to analyze the validity of all challenged claims under the proper constructions.

BACKGROUND

The '025, '760, '316, and '596 patents share the same patent specification and address the need to efficiently create a visual database of a geographic area. More particularly, these patents disclose using a moving image recording device and a GPS and/or inertial navigation system to provide a computer with image data with an associated location, wherein the computer synthesizes that associated image data to create a composite image. The patent specification states that the composite image of a geographic location may be "created by synthesizing individual image frames acquired by a video camera moving through the location." '025 patent col. 3 ll. 46-48.1 The video camera "record[s] a series of video images of the location while moving along a path," wherein the camera may be mounted to "a base, platform, or motor vehicle moving at an average speed of preferably about 20 miles/hour to ensure a sufficient [*3]  resolution in the resulting images." Id. at col. 4 ll. 52-58.

In certain embodiments, the composite images are created uniformly along a street segment, along with an associated index that identifies the street segments and other characteristics of the captured image. Objects within those composite images may be further identified, and if those objects are business establishments, information about the establishment—such as its name, address, phone number, or a web page—may be displayed to a user.

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2020 U.S. App. LEXIS 15488 *; 2020 U.S.P.Q.2D (BNA) 10530

VEDERI, LLC, Appellant v. GOOGLE LLC, Cross-Appellant

Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [*1] Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. 95/000,681, 95/000,682, 95/000,683, 95/000,684.

Vederi, LLC v. Google, Inc., 744 F.3d 1376, 2014 U.S. App. LEXIS 4873 (Fed. Cir., Mar. 14, 2014)

CORE TERMS

recording device, specification, images, frames, webpage, composite, retail establishment, trajectory, computer system, display, embodiment, objects, geographic area, prior art, acquires, plurality, disclose, patent, disputed claim, stationary, camera, terms

Civil Procedure, Appeals, Standards of Review, De Novo Review, Patent Law, Claims, Claim Language, Elements & Limitations, Infringement Actions, Claim Interpretation, Construction Preferences, Scope of Claim