By Memorandum Opinion entered by The Honorable Sue L. Robinson in four alleged patent infringement cases brought by Cyberfone against over a hundred defendants, the first case being captioned as Cyberfone Systems, LLC v. ZTE (USA), Inc., Civil Action No. 11-827-SLR, the Court issued its early claim construction ruling on three (3) common claim terms that were considered by the parties to be potentially dispositive to the claims at issue in the cases. In the opinion, the Court construed the three terms, some or all of which are found in U.S. Patent Nos. 6,044,382 (“the ‘382 patent”), 5,805,676 (“the ‘676 patent”), 5,987,103 (“the ‘103 patent”) and 7,334,024 (“the ‘024 patent”) as follows: (1) “form driven operating system” means “firmware – a set of instructions programmed on a hardware device, that, together with forms, operates to control a microprocessor without the need for a conventional operating system (such as DOS or Windows)”; (2) “client module” means “firmware – a set of instructions programmed on hardware device – that, together with forms, operates to control a microprocessor without the need for a conventional operating system (such as DOS or Windows)”; and (3) “transaction assembly server” means “firmware – the set of instructions programmed on a hardware device.”

A copy of the Memorandum Opinion is attached.