Ntp, Inc. v. Research in Motion, Ltd.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Research In Motion, Ltd. (“RIM”). A re *1287 sponse thereto was invited by the court and filed by NTP, Inc. (“NTP”). Briefs of amicus curiae were filed by Earthlink, Inc.; The Canadian Chamber of Commerce; Information Technology Association of Canada; and The Government of Canada. Thereafter, these filings were referred to the merits panel that heard the appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) the petition for panel rehearing is granted for the limited purpose of revising portions of the opinion treating Section 271, and

(2) the previous opinion of the court in this appeal, issued on December 14, 2004 and reported at 392 F.3d 1336, is withdrawn. The new opinion accompanies this order.

Research In Motion, Ltd. (“RIM”) appeals from a judgment of the U.S. District Court for the Eastern District of Virginia (“district court”) entered in favor of NTP, Inc. (“NTP”) following a jury verdict that RIM’s BlackBerry™ system infringed NTP’s U.S. Patents Nos. 5,436,960 (“the ’960 patent”); 5,625,670 (“the ’670 patent”); 5,819,172 (“the T72 patent”); 6,067,451 (“the ’451 patent”); and 6,317,592 (“the ’592 patent”) (collectively, “the patents-in-suit”) and awarding damages to NTP in the amount of $53,704,322.69. NTP, Inc. v. Research in Motion, Ltd., No. 3:01CV767, 2003 WL 23325540 (E.D.Va. Aug.5, 2003) {“Final Judgment”). The court, in a final order also appealed by RIM, permanently enjoined any further infringement by RIM, but stayed the injunction pending this appeal. We conclude that the district court erred in construing the claim term “originating processor,” but did not err in construing any of the other claim terms on appeal. We also conclude that the district court correctly denied RIM’s motion for judgment as a matter of law (“JMOL”), and did not abuse its discretion in denying eviden-tiary motions. Finally, we conclude that the district court was correct in sending the question of infringement of the system and apparatus claims to the jury, but erred as a matter of law in entering judgment of infringement of the method claims. Thus, we affirm-in-part, reverse-in-part, vacate-in-part, and remand for further proceedings consistent with this opinion.

I. BACKGROUND

The technology at issue relates to systems for integrating existing electronic mail systems (“wireline” systems) with radio frequency (“RF”) wireless communication networks, to enable a mobile user to receive email over a wireless network.

A. Overview of Electronic Mail Technology

Traditional email systems operate in the following manner: To send an email, a user begins by composing a message in his or her email client. An “email client” is a user interface, such as Microsoft Outlook ™, Eudora ™, or Hotmail ™, that organizes and displays a user’s email messages and provides the user with a means of creating and sending email messages. The message begins with a specific destination address, i.e., jdoe@* * *.com, that corresponds to the recipient’s user identification, “jdoe,” and his or her internet service provider (“ISP” or “host”), “ * * :|:.com.” See generally Andrew S. Tanenbaum, Computer Networks 592-611 (4th ed.2003). When the message is sent, it is transferred first from the sender’s machine to his or her ISP. Id. at 607. The sender’s host then uses a domain name server to identify the recipient’s ISP mail *1288 server and its associated internet protocol (“IP”) address. Id. A connection is then established by the sender’s host with the recipient’s ISP mail server, facilitating transfer of the message. Id. at 607-08. The message is next sorted by the recipient’s ISP mail server into the recipient’s particular “mailbox,” where it is stored until the recipient initiates a connection with the server and downloads the message off the server onto his or her personal machine. This configuration is commonly referred to as a “pull” system because emails cannot be distributed to the user’s machine without a connection being initiated by the user to “pull” the messages from the mail server.

B. Problems With the Prior Art Systems

As societal dependence on email and computers increased throughout the 1990s, so did the demand for mobile internet access. See generally Richard Duffy & Denis Gross, World Without Wires, 22 Communications Int'l 72 (June 1995) (describing “user demand” as “one of the most important driving factors behind the mobile data market”). The increased portability of computers via laptop machines exacerbated this demand. See id.; ’960 patent, col. 4,11. 19-39. Available methods of remote internet access were cumbersome and inefficient for the traveling businessperson, however, as the patents-in-suit explain:

As personal computers are used more frequently by business travellers, the problem of electronic mail delivery becomes considerably more difficult. A business traveler carrying a portable PC has great difficulty in finding a telephone jack to connect the PC to fetch electronic mail from either a host computer or a gateway switch. Connections for a PC’s modem are difficult to find in airports .... Hotels and motels often have internal PABX’s that prevent calls from automatically being placed by the user’s PC to electronic mail gateway switches to receive information.... The inability to find an appropriate connection to connect the PC modem when travelling has contributed to the degradation of electronic mail reception when the recipient is travelling.

’960 patent, col. 3, 1. 60 — col. 4, 1. 12. RIM’s technical documentation for its BlackBerry products echoes the undesirability of these constraints:

Typically, mobile professionals use a laptop when traveling and dial-in to the corporate email server from a hotel room to manage an inbox full of email. The more adventurous use special software to send email notification to a pager or cell phone so they know what is in their inbox before spending the time and effort to dial-in. Focus groups and market research on mobile email revealed common complaints with dialing-in — the inconvenience of lugging a laptop around just for email; the trouble of finding a connection and dialing-out of the hotel; the difficulty of negotiating corporate dial-in security; and the cost of phone charges when dialing-in to the corporate server.

Research in Motion Ltd., Technical White Paper BlackBerry Enterprise Edition ™ 3 (2001) (“White Paper”).

C. The Patents-in-Suit

Inventors Thomas J. Campana, Jr.; Michael P. Ponschke; and Gary F. Thelen (collectively “Campana”) developed an electronic mail system that was claimed in the ’960, ’670, 172, ’451, and ’592 patents. The ’960 patent, filed on May 20, 1991, is the parent of a string of continuation applications. The most recent patent, the ’592 patent, filed December 6, 1999, is a contin *1289 uation of the ’451 patent, filed September 28, 1998. The ’451 patent, in turn, is a continuation of the T72 patent, which itself originates from the ’670 patent, a direct continuation of the parent ’960 patent. As continuations of that single parent application, these patents contain the same written descriptions as the ’960 patent. NTP now owns these five patents-in-suit.

Campana’s particular innovation was to integrate existing electronic mail systems with RF wireless communications networks. See ’960 patent, col. 18, ll. 32-39. In simplified terms, the Campana invention operates in the following manner: A message originating in an electronic mail system may be transmitted not only by wireline but also via RF, in which case it is received by the user and stored on his or her mobile RF receiver. The user can view the message on the RF receiver and, at some later point, connect the RF receiver to a fixed destination processor, i.e., his or her personal desktop computer, and transfer the stored message. Id. at col. 18, ll. 39-66. Intermediate transmission to the RF receiver is advantageous because it “eliminates] the requirement that the destination processor [be] turned on and carried with the user” to receive messages. Id. at col. 18, ll. 44-46. Instead, a user can access his or her email stored on the RF receiver and “review ... its content without interaction with the destination processor,” id. at col. 18, l. 67 — col. 19, l. 1, while reserving the ability to transfer the stored messages automatically to the destination processor, id. at col. 19, ll. 1-2. The patents-in-suit do not disclose a method for composing and sending messages from the RF receiver.

D. The Accused System

RIM is a Canadian corporation with its principal place of business in Waterloo, Ontario. RIM sells the accused BlackBerry -system, which allows out-of-office users to continue to receive and send electronic mail, or “email” communications, using a small wireless device. The system utilizes the following components: (1) the BlackBerry handheld unit (also referred to as the “BlaekBerry Pager”); (2) email redi-rector software (such as the BlaekBerry Enterprise Server (“BES”), the Desktop Redirector, or the Internet Redirector); and (3) access to a nationwide wireless network (such as Mobitex, DataTAC, or GPRS).

The BlaekBerry system uses “push” email technology to route messages to the user’s handheld device without a user-initiated connection. There are multiple BlaekBerry email “solutions” that interface with different levels of the user’s email system. In the Desktop solution, the BlaekBerry email redirector software, the Desktop Redirector, is installed on the user’s personal computer. In the Corporate solution, different BlaekBerry email redirector software, the BES program, is installed on the organizational user’s mail server, where it can function for the benefit of the multiple users of that server. Also at issue in this case is RIM’s Internet solution of the BlaekBerry system. The Internet solution operates in a manner similar to the Corporate solution, but it executes a different email redirector software, Internet Redirector. In either version, the BlaekBerry email redirector software merges seamlessly with the user’s existing email system. The operation of the email redirector software is transparent to the user’s desktop email client and the organizational user’s mail server. That is, the user’s email system does not recognize or incorporate the BlaekBerry wireless system into its operation. No modification of the underlying email system is required to run RIM’s wireless email extension. When new mail is detected in the Desktop solution, the Desktop *1290 Redirector is notified and retrieves the message from the mail server. It then copies, encrypts, and routes the message to the BlaekBerry “Relay” component of RIM’s wireless network, which is located in Canada. In the Corporate solution, the BES software performs this same function but intercepts the email before the message reaches the individual user’s personal computer. The individual user’s personal computer need not be turned on for the BES software to properly redirect the user’s emails. However, the user retains some control over message forwarding by using the BlaekBerry “Desktop Manager.” This additional software permits the user to specify his or her email redirection preferences. In both systems, the message travels through the BlaekBerry Relay, where it is translated and routed from the processors in the user’s email system to a partner wireless network. That partner network delivers the message to the user’s BlaekBerry handheld, and the user is “notified virtually instantly” of new email messages. White Paper at 6. This process, accomplished without any command from the BlaekBerry user, is an example of “push” email architecture. Id. There are significant advantages to “push” email architecture. Most importantly, the user is no longer required to initiate a connection with the mail server to determine if he or she has new email. As RIM’s technical literature explains, “[b]y having the desktop connect to the user, time spent dialing-up and connecting to the desktop (possibly to find that there is no new email) is eliminated as users ... are notified virtually instantly of important messages, enabling the user to respond immediately.” Id.

RIM’s system also permits users to send email messages over the wireless network from their handhelds. This functionality is achieved through the integration of an RF transmitter and a processor in the BlackBerry handheld unit. The processor allows the user to manipulate, view, and respond to email on his or her BlaekBerry handheld. Sending a message from the handheld requires the same steps as the process for receiving email, only in reverse. When the user composes a message on his or her handheld, it is sent back to that user’s desktop machine over the partner and BlaekBerry wireless networks. The BlaekBerry email redirector software then retrieves the outgoing message from the user’s mail server and places it in the user’s desktop email software, where it is dispersed through normal channels. In this way, messages sent from the BlaekBerry handheld are identical to messages sent from the user’s desktop email — they originate from the same address and also appear in the “sent mail” folder of the user’s email client.

E. Procedural History

On November 13, 2001, NTP filed suit against RIM in the U.S. District Court for the Eastern District of Virginia. NTP alleged that over forty system and method claims from its several patents-in-suit had been infringed by various configurations of the BlaekBerry system (comprised of the numerous handheld units; the BES, the Desktop Redirector, and the ISP Redirector software; and the associated wireless networks).

In an Order dated August 14, 2002, the district court construed thirty-one disputed claim terms. NTP, Inc. v. Research in Motion, Ltd., No. 3:01CV767 (E.D.Va. Aug.14, 2002) (“Claim Construction Order”). In that Order, the district court “construed the disputed terms according to their plain and ordinary meaning, as supported by the specification and prosecution history.” Id., slip op. at 3. The Order listed the claim terms in contention and their corresponding constructions without additional reasoning or analysis. See id., slip op. at 4-9. A series of sum *1291 mary judgment motions followed the court’s Markman decision. Setting forth several alternate theories, RIM asked for summary judgment of both non-infringement and invalidity. The issues raised in two of RIM’s summary judgment motions remain relevant on appeal: RIM argued (1) that the asserted claims, properly construed, did not read on the accused RIM systems, see NTP, Inc. v. Research in Motion, Ltd., No. 3:01CV767, 2003 WL 23325540 (E.D.Va. Aug.5, 2003) (nunc pro tunc Oct. 23, 2002) (“Non-infringement Order ”), and (2) that the physical location of the “Relay” component of the BlackBerry system put RIM’s allegedly infringing conduct outside the reach of 35 U.S.C. § 271, see NTP, Inc. v. Research in Motion, Ltd., No. 3:01CV767, 2003 WL 23325540 (E.D.Va. Aug.5, 2002) (nunc pro tunc Oct. 23, 2002) (“Section 271 Order ”). The district court denied all of RIM’s summary judgment motions.

For its part, NTP asked the district court to grant partial summary judgment of infringement on four claims of the patents-in-suit. In its motion, NTP argued: (1) that the 800 and 900 series BlackBerry handheld units infringed claim 248 of the ’451 patent and claim 150 of the ’592 patent; (2) that the BES software infringed claim 653 of the ’592 patent; and (3) that the BlackBerry system, software, and handhelds infringed claim 15 of the ’960 patent. See NTP, Inc. v. Research in Motion, Ltd., 261 F.Supp.2d 423 (E.D.Va. 2002) (“Order Granting Summary Judgment of Infringement”). RIM cross-moved for summary judgment of non-infringement, arguing that its products lacked certain limitations required by the asserted claims. Id., at 425. The district court agreed with NTP, holding that “no genuine issue of material fact” existed as to infringement of the four claims. Id. at 427. Accordingly, the district court granted summary judgment, except as to the issue of infringement of claim 15 of the ’960 patent or claim 248 of the ’451 patent by the BlackBerry series 5810 han-dheld device. That issue was reserved for the jury.

The case proceeded to trial on fourteen claims. The fourteen claims submitted to the jury were: claims 15 (with respect to the series 5810 handheld devices only), 32, and 34 of the ’960 patent; claim 8 of the ’670 patent; claim 199 of the 172 patent; claims 28, 248 (with respect to the series 5810 handheld devices only), 309, 313, and 317 of the ’451 patent; and claims 40, 278, 287, 2 and 654 of the ’592 patent. A verdict was rendered on November 21, 2002. On every issue presented, the jury found in favor of the plaintiff, NTP. The jury found direct, induced, and contributory infringement by RIM on all asserted claims of the patents-in-suit. The jury also found that the infringement was willful. It rejected every defense proposed by RIM. Adopting a reasonable royalty rate of 5.7%, the jury awarded damages to NTP in the amount of approximately $23 million.

Following the jury verdict, RIM moved the court for JMOL or, in the alternative, for a new trial. 3 The court denied these motions. NTP, Inc. v. Research in Mo *1292 tion, Ltd., 270 F.Supp.2d 751 (E.D.Va. 2003) (“JMOL Order”). On August 5, 2003, the district court entered final judgment in favor of NTP. The court awarded monetary damages totaling $53,704,322.69, with the following approximate division: (1) compensatory damages of $33 million; (2) attorneys’ fees of $4 million; (3) prejudgment interest of $2 million; and (4) enhanced damages of $14 million. Final Judgment, slip op. at 1. The court also entered a permanent injunction against RIM, enjoining it from further manufacture, use, importation, and/or sale of all accused BlackBerry systems, software, and handhelds. Id. at 2-3. The injunction has been stayed pending this appeal.

RIM timely appealed from the district court’s final judgment and injunction. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1).

II. ANALYSIS

A. Claim Construction

In the district court, NTP ultimately asserted against RIM, and RIM was found to have infringed, sixteen system and method claims of five different patents owned by NTP. This includes both the claims resolved by the court in NTP’s favor on summary judgment and the claims submitted to the jury for a determination of infringement. These claims are: claims 15, 32, and 34 of the ’960 patent; claim 8 of the ’670 patent; claim 199 of the ’172 patent; claims 28, 248, 309, 313, and 317 of the ’451 patent; and claims 40, 150, 278, 287, 653, and 654 of the ’592 patent. 4 All of these claims, with the exception of claim 150 of the ’592 patent, are dependent claims. The parental lineage of the adjudicated claims is indicated in the following table:

Patent Disputed claim -* Parental Lineage

’960 15 -*11 -»1

32 -»28 ->18

34 -*18

’670 8 -*4 -*1

’172 199 -*194

’451 28 -*26 -*1

248 -*247 -*246

309 -*308 -*250

313 -*311

317 -*313 -*311

’592 40 -* 25 -*10 -* 4 -* 1

150

278 -* 232 -* 186 -*171 -»156 -* 150

287 -* 150

*1293 653 -> 652

654 -» 653 -» 652

On appeal, RIM challenges the judgment of infringement with respect to each of the asserted claims. RIM argues that the district court erred in construing the claim terms: (a) “electronic mail system” (appearing in the ’960, ’670, and ’172 patents); (b) “gateway switch” (appearing in the ’960 patent); and (c) “originating processor” and “originated information” (appearing in the ’960, ’670, and ’592 patents). Further, RIM argues that the district court erred in failing to impose general restrictions on certain asserted claims and in failing to construe certain terms relating to asserted claims; specifically: (d) a “dual pathways” limitation, requiring that at least one destination processor be accessible through both a wireline and an RF pathway (relating to asserted claims of the ’960 and ’670 patents); (e) a limitation requiring that the RF receiver and destination processor be “separate and distinct” entities (relating to asserted claims of the ’960, ’670, and ’592 patents, and to certain asserted claims of the ’451 patent); and (f) the term “processor outside any electronic mail system” (relating to the ’960 patent). We consider each, in turn.

1. Claim Construction Precedent

Because NTP’s patents all derive from the same parent application and share many common terms, we must interpret the claims consistently across all asserted patents. See, e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350 (Fed.Cir.2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents); Laitram Corp. v. Morehouse Indus., Inc., 143 F.3d 1456, 1460 & n. 2 (Fed.Cir.1998) (noting that it was proper to consider the prosecution histories of two related re-examination patents originating from the same parent, to determine the meaning of a term used in both patents). We thus draw distinctions between the various patents only where necessary.

Claim construction presents a question of law that this court reviews de novo. Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1456 (Fed.Cir.1998) (en banc). “It is a bedrock principle of patent law that the claims of a patent define the invention to which the patentee is entitled the right to exclude.” Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed.Cir.2005) (en banc) (internal quotations omitted). The words of a claim are generally given their ordinary and customary meaning, which is “the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention.” Id. To ascertain the meaning of a claim term, “the court looks to those sources available to the public that show what a person of ordinary skill in the art would have understood disputed claim language to mean. Those sources include the words of the claims themselves, the remainder of the specification, the prosecution history, and extrinsic evidence concerning relevant scientific principles, the meaning of technical terms, and the state of the art.” Id. at 1314 (internal quotations and citations omitted). In consulting the relevant claim construction sources, we must “attach the appropriate weight ... to those sources.” Id. at 1324. Once the court has construed the claim limitations, the second step in the analysis is to compare the properly construed claims to the accused device. Cybor Corp., 138 F.3d at 1454.

*1294 With these general principles in mind, we turn now to RIM’s specific challenges to the district court’s claim construction determinations.

2. Disputed, Terms

a. “Electronic Mail System”

The term “electronic mail system” appears in all of the asserted claims of the ’960, ’670, and T72 patents. For simplicity, we will use system claim 1 (from which disputed claim 15 depends) and method claim 18 (from which disputed claims 32 and 34 depend) of the ’960 patent as exemplars. Claim 1 of the ’960 patent reads as follows:

1. A system for transmitting originated information from one of a plurality of originating processors in an electronic mail system to at least one of a plurality of destination processors in the electronic mail system comprising:

at least one gateway switch in the electronic mail system, one of the at least one gateway switch receiving the originated information and storing the originated information prior to transmission of the originated information to the at least one of the plurality of destination processors;

a RF information transmission network for transmitting the originated information to at least one RF receiver which transfers the originated information to the at least one of the plurality of destination processors;

at least one interface switch, one of the at least one interface switch connecting at least one of the at least one gateway switch to the RF information transmission network and transmitting the originated information received from the gateway switch to the RF information transmission network; and wherein

the originated information is transmitted to the one interface switch by the one gateway switch in response to an address of the one interface switch added to the originated information at the one of the plurality of originating processors or by the electronic mail system and the originated information is transmitted from the one interface switch to the RF information transmission network with an address of the at least one of the plurality of destination processors to receive the originated information added at the originating processor, or by either the electronic mail system or the one interface switch; and

the electronic mail system transmits other originated information from one of the plurality of originating processors in the electronic mail system to at least one of the plurality of destination processors in the electronic mail system through a wireline without transmission using the RF information transmission network.

’960 patent, col. 49, ll. 2-45 (emphases added). Claim 18 of the ’960 patent reads as follows:

18. A method for transmitting originat-' ed information from one of a plurality of originating processors in an electronic mail system to at least one of a plurality of destination processors in the electronic mail system comprising:

transmitting the originated information originating from the one of the plurality of originating processors to a gateway switch within the electronic mail system;

transmitting the originated information from the gateway switch to an interface switch;

*1295 transmitting the originated information received from the gateway switch from the interface switch to a RF information transmission network;

transmitting the originated information by using the RF information transmission network to at least one RF receiver which transfers the originated information to the at least one of the plurality of destination processors; and

transmitting other originated information with the electronic mail system from one of the plurality originating processors in the electronic mail system to at least one of the plurality of destination processors in the electronic mail system through a wireline without transmission using the RF information transmission network; and wherein

the originated information is transmitted to the interface switch by the gateway switch in response to an address of the interface switch which has been added to the originated information at the one of the plurality of originating processors or by the electronic mail system and the originated information is transmitted from the interface switch to the RF information transmission network with an address of the at least one of the plurality of destination processors to receive the originated information which has been added at the originating processor or by either the electronic mail system or the interface switch.

’960 patent, col. 52, ll. 11-49 (emphases added).

The district court construed “electronic mail system” as:

A type of communication system which includes a plurality of processors running electronic mail programming wherein the processors and the electronic mail programming are configured to permit communication by way of electronic mail messages among recognized users of the electronic mail system. The various constituent processors in the electronic mail system typically function as both “originating processors” and “destination processors.[”]

Claim Construction Order, slip op. at 4.

RIM argues there are two ordinary meanings of “electronic mail system”: a broad definition that encompasses “communicating word processors, PCs, telex, facsimile, videotex, voicemail and radio paging systems (beepers)” and a narrow definition that defines the term in the context of “pull” technology. Asserting that Campana endorsed the pull technology definition during prosecution, RIM argues that “electronic mail system” includes a pull technology requirement. RIM also argues that during prosecution Campana characterized an “electronic mail system” as a wireline system to distinguish over the Zabarsky reference. Thus, RIM argues that “electronic mail system” requires a processor interconnected with other processors to serve the common purpose of providing electronic mail services to end users through pull technology while utilizing wireline, point-to-point connections.

NTP responds that the district court’s claim construction of “electronic mail system” is correct and is consistent with the written description. NTP contends that RIM’s proposed construction of “electronic mail system” as requiring pull technology contravenes the plain language of the claim and is inconsistent with Campana’s disclosure. Further, NTP argues that RIM never raised its pull technology claim construction at the Markman hearing, but in fact argued the opposite. Finally, NTP argues that RIM’s requirement that “electronic mail system” be limited to a wireline *1296 only system simply cites the prior art description of those terms, and not Campa-na’s use of the term as including wireless connections.

At the outset, we note that NTP correctly points out that RIM did not argue its pull technology construction before the district court, instead arguing that an electronic mail system is limited to a wire-line only system. See J.A. at 2821-22 (arguing that “electronic mail system” should be construed as “a system of single processors or groups of processors linked by a wire line system, such as the PSTN [ (‘Public Switch Telephone Network’) ], that provides a system for transmitting information between at least two computers).” We have previously held that presenting proposed claim constructions which alter claim scope for the first time on appeal invokes the doctrine of waiver as to the new claim constructions. See CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1370 (Fed.Cir.2002) (“[A] waiver may occur if a party raises a new issue on appeal, as by, e.g., presenting a new question of claim scope .... ” (internal quotation marks omitted)); Interactive Gift Express, 256 F.3d at 1346 (“As it relates to claim construction, the doctrine [of waiver] has been applied to preclude a party from adopting a new claim construction position on appeal.”). For the first time on appeal, RIM is attempting to add a pull technology limitation to the claim that it did not raise before the district court. Because RIM failed to raise before the district court the argument that the claim should be limited to pull technology, the argument was waived, and we decline to address it on the merits.

The district court’s claim construction, which includes various architectures of single processors and groups of processors, is correct. The claims themselves recite that an “electronic mail system” includes various configurations of originating processors and destination processors that communicate via wireline connections or over an RF transmission network. See, e.g., ’960 patent, claim 1. Moreover, the written description recognizes that electronic mail systems may have various processor architectures. See, e.g., id. at col. 1, l. 60 — col. 2, l. 22; id. at col. 2, ll. 13-17 (“It should be understood that the illustrated architecture of the single and associated groups of processors is only representative of the state of the art with numerous variations being utilized.”); see also ’670 patent, col. 1, l. 64 — col. 2, 1. 25; ’172 patent, col. 1, 1. 65 — col. 2, 1. 25.

RIM’s premise that the “electronic mail system” is limited to a wireline only system is flawed. The plain language of the claim 1 preamble recites that the claimed system transmits originated information “from one of a plurality of originating processors in an electronic mail system to at least one of a plurality of destination processors in the electronic mail system.” ’960 patent, claim 1. Thus, all of the originating and destination processors are recited in the claims as being contained in the “electronic mail system.” This language, however, is not helpful in determining whether the “electronic mail system” may include wireless connections. Accordingly, we turn to the written description.

The written description expressly indicates that the “electronic mail system” in the patent claims may include wireless connections. Campana described prior art “[electronic mail services” as “basically a wire line-to-wire line, point-to-point type of communications” system. Id. at col. 1, ll. 52-54 (emphasis added). The use of the term “basically” suggests that an electronic mail system may include other types of connections, including wireless connections. Moreover, Campana provided an example of one prior art electronic mail *1297 system in commercial use, stating “FIG. 1 illustrates a block diagram of a typical electronic mail system in commercial use such as by AT & T Corporation.” Id. at col. 1,11. 60-62. In this prior art electronic mail system, “groups of processors ... may be distributed at locations which are linked by the [PSTN]. The individual processors may be portable computers with a modem which are linked to the [PSTN] through ivired or RF communications as indicated by a dotted line.” Id. at col. 1,1. 66 — col. 2, 1. 4 (emphasis added). Figure 1 depicts various processors that are all connected to the PSTN via either wired or wireless links. The prior art electronic mail system depicted in Figure 1 is incorporated into Figure 8, which Campana describes as a “block diagram of an electronic mail system in accordance with the present invention.” 5 Id. at col. 22, 11. 60-61. Accordingly, because RIM’s argument that the term “electronic mail system” cannot include wireless connections contradicts the text and figures of the written description, it must be rejected.

Our review of the prosecution history reveals no disclaimers or disavowals limiting an “electronic mail system” to a wire-line only system. RIM cobbles together statements from the prosecution history that refer to an electronic mail system as having wireline connections. While it is true that Campana often focused on wire-line connections in describing electronic mail systems, this focus is understandable given his acknowledgment that electronic mail systems are “basically a wire line-to-wire line, point-to-point type of communications” system. Id. at col. 1, 11. 52-54. Contrary to RIM’s assertions, however, Campana did not accept a narrow definition of “electronic mail system” or disclaim subject matter, so as to limit the term “electronic mail system” to a wireline only system. Instead, Campana expressly stated that information sent between the originating and destination processors located in “an electronic mail system” in his invention could be accomplished either through the RF transmission network or a wireline. See Amendment Pursuant to 37 C.F.R. § 1.116, at 19-20 (Nov. 7,1994).

Because we discern no error, we affirm the district court’s claim construction of “electronic mail system.”

b. “Gateway Switch”

The term “gateway switch” appears only in the asserted claims 15, 32, and 34 of the ’960 patent. As before the district court, RIM bases its construction of the term on its argument that Campana’s “electronic mail system” implemented a “pull” email architecture. RIM contends that “a gateway switch is the mechanism for maintaining the mailboxes needed to implement the pull technology.” The district court construed the term differently, as “[a] processor in an electronic mail system which connects other processors in that system and has additional functions for supporting other conventional aspects of the electronic mail system such as receiving, storing, routing, and/or forwarding electronic mail messages.” Claim Construction Order, slip op. at 6. As we have previously rejected RIM’s argument that “pull” email architecture is required, see Section II.A.2.a, supra (construing “electronic mail system”), we are similarly com *1298 pelled to reject its suggestion that “gateway switches” must enable this technology. In short, we agree with the district court’s claim construction of “gateway switch.”

c. “Originating Processor” and “Originated Information”

The parties dispute the construction of the term “originating processor” recited in the claims of the ’960, ’670, and ’592 patents 6 and “originated information” recited in the claims of the ’960, ’670, ’592, and ’451 patents. 7 Claim 1 of the ’960 patent, from which claim 15 ultimately depends, again is exemplary and states in pertinent part:

1. A system for transmitting originated information from one of a plurality of originating processors in an electronic mail system to at least one of a plurality of destination processors in the electronic mail system comprising:

at least one gateway switch in the electronic mail system, one of the at least one gateway switch receiving the originated information and storing the originated information prior to transmission of the originated information to the at least one of the plurality of destination processors;

a RF information transmission network for transmitting the originated information to at least one RF receiver which transfers the originated information to the at least one of the plurality of destination processors; at least one interface switch, one of the at least one interface switch connecting at least one of the at least one gateway switch to the RF information transmission network and transmitting the originated information received from the gateway switch to the RF information transmission network; and wherein

the originated information is transmitted to the one interface switch by the one gateway switch in response to an address of the one interface switch added to the originated information at the one of the plurality of originating processors or by the electronic mail system and the originated information is transmitted from the one interface switch to the RF information transmission network with an address of the at least one of the plurality of destination processors to receive the originated information added at the originating processor, or by either the electronic mail system or the one interface switch ....

’960 patent, col. 49, ll. 2-38 (emphases added).

The district court construed “originating processor” as “[a]ny one of the constituent processors in an electronic mail system that prepares data for transmission through the system.” Claim Construction Order, slip op. at 5. The court construed “originated information” as “[t]he message *1299 text of an electronic mail message.” Id., slip op. at 6 (noting an exception for the term as used in a patent which is not disputed on appeal).

RIM argues that “originating processor” is correctly construed to mean a processor that initiates or starts the transmission of data through the system, thereby excluding any of the “constituent processors” in the system which subsequently handle the data. It argues that “originated information” is the electronic mail message generated by an “originating processor.” RIM argues that its constructions are supported by dictionary definitions of the term “originating” and “originate” which impose an “initiating” requirement on the claims. RIM argues that the ’960 patent specification supports this construction, because it describes an “originating processor” as a processor at which an electronic mail message is composed by a person or inputted by a machine.

NTP responds that this dispute centers on whether an “originating processor” can include gateway switches. Before the district court, NTP urged that “originating processor” be construed to include not only “that processor upon which the sender types the message,” but also “all of the constituent processors in an electronic mail system that run electronic mail programming to format and initiate transmission of electronic mail messages.” NTP’s Claim Construction Mem. at