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Appealed from: U.S. District Court for the Northern District of California

Judge Jeremy Fogel

William A. Budde appeals the district court’s judgment of non-infringement. Budde v. Harley-Davidson, Inc., C-98-20447-JF (EAI) (N.D. Cal. June 30, 1999). This judgment was entered at Budde’s request, following the district court’s claim construction order, which Budde now challenges. Budde v. Harley-Davidson, Inc., C-98-20447-JF (EAI) (N.D. Cal. Jan. 29, 1999) (“Order Construing Claims”). We hold that the district court erred in concluding that the claim limitation “electronic sensing means for determining when the ignition system of the engine delivers an electronic pulse to fire each spark plug” requires sensing the electronic pulse that fires the spark plugs and that the specification contained no structure corresponding to the function of the “electronic sensing means.” We also address the conditional cross-appeal of Harley-Davidson, Inc. and Harley-Davidson Motor Co. (collectively “Harley-Davidson”), and hold that the district court did not err in its construction of the claim limitation “status sensing means.” We vacate the judgment of non-infringement and remand the case for further proceedings consistent with this opinion.

 
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