Securitypoint Holdings, Inc. v. United States, 111 Fed. Cl. 1

This patent case is in the United States Court of Federal Claims, No. 11-268C, SecurityPoint Holdings, Inc. v. United States, filed February 20, 2013, under 28 U.S.C. §1498.
SecurityPoint alleges TSA’s use of its tray-and-cart system at airport security checkpoints infringes claims of U.S. Patent No. 6,888,460 (the 460 patent).
The 460 patent concerns recycling trays through security screening checkpoints using movable tray carts and advertising on the trays’ interiors or bottoms.
Claims 1-4, 6-9, and 12-15 are asserted; Claim 1 describes a method involving a first tray cart at the proximate end of a scanning device, removing a tray, passing it through the scanner, receiving it in a second cart at the distal end, and moving the second cart to the proximate end.
The parties filed claim-construction briefs on seven terms; plaintiff argues plain meaning suffices, with preferred constructions if needed.
Markman hearing occurred November 14, 2012; the court provides constructions for the terms and notes related schedule amendments.]
The court adopts specific constructions for key terms (tray, trays, tray cart, proximate end, distal end, nestable, adapted, receiving).
The court also modifies discovery deadlines (expert reports due by March 8, 2013; rebuttals by April 10, 2013) and schedules a status conference.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Meaning of ‘tray’	Trays are base structures with upward walls; plural implies multiple trays.	Tray may encompass sizes; defend’s view is broader.	Tray = base with upwardly extending walls; ‘trays’ = more than one tray; no size limitation.
Meaning of ‘tray cart’	Tray cart may be a movable cart or rack; expert testimony supports movable cart.	Tray cart could be a cart or rack; should cover holding or storing trays.	Tray cart = movable cart capable of holding one or more trays; not a rack; does not require storing function.
Meaning of ‘proximate end’ and ‘distal end’	Proximate and distal ends refer to ends of the scanning device relevant to entry/exit points.	Definitions should be precise endpoints reflecting the device ends.	Proximate end = end of the scanner where an object enters; distal end = end where it exits.
Meaning of ‘nestable’	Nestable means capable of fitting compactly within one another; allows multiple sizes.	Nestable means capable of fitting at least partially within one another.	Nestable = capable of fitting compactly within one another.
Meaning of ‘adapted’	Adapted = suited; not limited to specially designed.	Adapted = specially designed or made for a specific purpose.	Adapted = suited; avoids reading in unnecessary limitations of special design.

Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (claim terms construed in light of ordinary meaning and intrinsic evidence)
Interactive Gift Express, Inc. v. Compuserve, Inc., 256 F.3d 1323 (Fed. Cir. 2001) (extrinsic evidence used cautiously and not to contradict claim scope)
U.S. Surgical Corp. v. Ethicon, Inc., 103 F.3d 1554 (Fed. Cir. 1997) (plain meaning if unambiguous; read in full patent context)
Harris Corp. v. United States, 114 F.3d 1152 (Fed. Cir. 1997) (avoid adding meaningless verbiage; avoid surplusage in claim construction)