The title of the
'390 patent is ' Color-adjusted camera light and method', the claims in
question from the complaint are 1, 29 and 30:
1. A portable video
camera and illumination source system, comprising: a housing; one or more
light-emitting diodes (LEDs) attached to the housing; a video camera imaging
device attached to the housing; a control circuit that selectively applies a
plurality of pulses from a source of electric power to the one or more LEDs; and
a feedback signal coupled to the control circuit, wherein the control circuit
changes a characteristic of each one of the plurality of pulses to control a
light output characteristic of the LEDs based on the feedback signal.
29.
An illumination source system, comprising: a housing; one or more light-emitting
diodes (LEDs) attached to the housing; and a control circuit that selectively
applies a plurality of pulses from a source of electric power to the one or more
LEDs; wherein the control circuit has a feedback signal input, wherein the
control circuit changes a characteristic of each one of the plurality of pulses
to control a light output characteristic of the LEDs based on the feedback
signal.
30. The system of claim 29, wherein the feedback signal is based, at
least in part, on an amount of overall ambient light.
These
appear to be § 112 (f) directed claims"
An element in a claim for a
combination may be expressed as a means or step for performing a specified
function without the recital of structure, material, or acts in support thereof,
and such claim shall be construed to cover the corresponding structure,
material, or acts described in the specification and equivalents thereof.
depending on the specification or equivalents.
The field of
use states "This invention relates to the field of lighting, and more
specifically to a method and apparatus of controlling and powering a solid-state
light source such as a light-emitting diode or LED, for a portable
battery-powered flashlight".
This appears to place a limitation on the
patent to use in a portable battery-powered flashlight. Neither the iPad3 nor
the the MacBook Pro Retina Display or otherwise appear to be flashlights. The
limitation directed by the field of use does not appear to match.
The
summary of invention appears to attempt to expand the invention beyond
flashlight:
The present invention provides a method and apparatus
for an L.E.D. flashlight or other LED illumination source. In one embodiment, a
flashlight is described.
However if one were to look up the
definition of
illumination only one definition matches both a flashlight and other
source:
2: the luminous flux per unit area on an
intercepting surface at any given point
You could note that there
are various apps for smart phones and various cell phones (e.g. Motorola W375)
which allow operation of the display as a flashlight. A point of distinction is
the LED display is not oriented in a direction to illuminate the view of any
video camera.
Another issue is that there is nothing inherent in either a
MacBook Pro or iPad to use the display as a flashlight.
Also the patent
abstract places limitation on the invention in support of any ambiguity in the
specification (which should result in indefiniteness
otherwise):
Improved method and apparatus for hand-held portable
illumination. A flashlight and corresponding method are described. The
flashlight includes a housing, a plurality of LEDs, and an electrical circuit
that selectively applies power from the DC voltage source to the LED units,
wherein the flashlight is suitable for handheld portable operation by a
user.
There appear to be two questions. First whether or not
flashlight is a limitation.
You could note upon looking the dictionary
definition of
backlight there is one definition (": illumination from behind; also : the
source of such illumination"). The Apple literature describing the displays
uses the term backlight and it appears to match illumination.
The second
question relates to enablement. Does as the abstract tells us, the patent only
describe a "flashlight and corresponding method" or does the patent teach "other
LED illumination source"?
There are other limits that may indicate Apple
does not practice the invention, the Summary of Invention should be read in
full. Also in the Description of the Preferred Embodiment:
The
present invention provides a compact, portable light source, preferably sized to
be readily hand-held, for illuminating an object, several objects, or areas for
human use and/or machine operation.
Is the LCD display an object,
several objects or areas for human use and/or machine operation?
Relying
on your LED back lit LCD display as an illumination source for objects or areas
doesn't appear to require a video camera. The backlight LED provides
illumination for machine operation. The supporting clause(s) "or areas for
human use and/or machine operations" require parsing to understand the
limits.
The gist of all this is that determining the scope of the claimed
invention requires claim construction, a matter of law (§ 112). There are
likely further portions of the specification that may place limitations on
claims.
There's the likelihood that declared prior art uses a different
light sensor than a video camera. Is the distinction valid in this application?
(Was the applicability of using a camera obvious at the time of the patent
application obvious?)
The patent is a continuation of US Patent 6,095,661 Method and apparatus for
an L.E.D. flashlight. Does that limit the patent to flashlights or just
limit the prior art date?
What is claimed is:
1. A flashlight,
comprising:
...
Apple is accused of infringing claims 21 and
22 of the '661 patent. The Field of Invention for this patent provides for
limitations to a flashlight while claims 21 and 22 relate to an illumination
source.
This invention relates to the field of lighting, and more
specifically to a method and apparatus of controlling and powering a solid-state
light source such as a light-emitting diode or LED, for a portable
battery-powered flashlight.
The language is identical to the '390
patent. How can a flashlight be stretched to include a backlight for
viewability of an LCD display or ability to seem illuminated key tops in the
dark? A dictionary definition of flashlight tells
us it's "a small electric light that can be carried in your hand and that runs
on batteries —called also (Brit) torch", where the British equivalent is given
to demonstrate the definition doesn't include an LCD display. The prior patent
likely limits the present patent.
The '661 patent addresses color balance
and the '390 patent addresses using the video camera to achieve illumination
color balance, something Apple does not practice (to the best of my knowledge)
on the two offending products. There is no further need for a video camera
without having different colored LEDs as described in the patent description.
This appears to be a limit on the invention. In my experience Apple only adjusts
color balance in response to applications like F.lux which depends on
geographical location to determine time of day natural light illumination to
define the color balance of an LCD display and not the video camera. Without the
limitation of color balance a video camera is likely not distinguishable from
prior art light sensors. As the patent points out the video camera output can
distinguish between colors for purposes of achieving color balance in
illumination.
All this without resorting to prior art. Note that there is
extensive patent prior art.
This dog doesn't appear to hunt. I used to
correspond a bit with
Gerry Spence, who's final defense to his dog biting someone was "I don't
have a dog", a story also attributed to Richard Haynes in Texas. The case may
not be decided on prior art.
Now the more interesting question is how will
the infringement case fly in Delaware? You can find the complaint from the
Docket at Justia, see
LED Tech Development LLC v. Apple Inc.
The plaintiff also filed
different sets of patents and claims against Home Depot and Coleman eight days
previously. See Justia search results for "LED Tech Development LLC".
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