Celebrate LLC v. Leapfrog 

Case Details

This is a patent infringement case filed by Celebrate International LLC against Leapfrog Enterprises, an Amazon-owned e-reader for kids, regarding the ‘398 Patent and the ‘776 Patent.

The ‘398 and ‘776 Patents refer to a method for decoding a message embedded in a pattern of pixels. The ‘776 Patent is an extension of the ‘398 Patent. Both of these have identical specifications.

This case moves to determine the language necessary for the Plaintiff to submit a proposed order consistent with this memorandum opinion and the terms agreed upon.

Case Facts

The following factors are definitive of what delineates the term pixel value according to each party:

  1. Plaintiff’s proposed construction: Plain and ordinary meaning, or in the alternative, “Values relating to a characteristic of a pixel, including greyscale, brightness, color, size, or dimensions.”
  2. Defendants’ proposed construction: Measurable characteristics of a pixel, such as greyscale, brightness, color, size, or dimensions.
  3. Court’s construction: Value(s) derived from measurable characteristics of a pixel, including greyscale, brightness, color, size, or dimensions.

The following factors are definitive of what expresses the term binary value according to each party:

  1. Plaintiff’s proposed construction: Logical value(s) expressed in one or more bits (0s and/or 1s).
  2. Defendants’ proposed construction: Values that are expressed as either ‘1’ or ‘0.’
  3. Court’s construction: Values that are expressed using only 0s and/or 1s.

The following factors are definitive of what constitutes a display according to each party:

  1. Plaintiff’s proposed construction: Surface, such as a monitor or printed paper, having a visual image.
  2. Defendants’ proposed construction: An electronic device, such as a cathode ray tube monitor, liquid crystal display or printer, which generates text or images that can be viewed by a human observer.
  3. Court’s construction: An electronic device, such as a cathode ray tube monitor, liquid crystal display or printer.

Summary and Conclusion

Moving forward, the Court states that the parties are to submit a proposed order that is consistent with the terms agreed upon in the following opinion that is suitable for submission to the jury.