IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

H-E-B. LP,

 Plaintiff,

v. 

WADLEY HOLDINGS, LLC,

 Defendant.

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6-20-CV-00081-ADA

CLAIM CONSTRUCTION ORDER

The Court provided its preliminary constructions on November 18, 2020. The Court held 

a claim construction hearing on November 20, 2020, during which the Court heard argument on 

the claim terms: “insulated . . .” and “proximate . . . .” ECF No. 69.

After careful consideration of the parties’ briefs, oral argument, and the applicable law, 

the Court enters its final constructions for each term as shown below.

Claim Term Court

Closed position

’165 Patent, claims 1, 12

’734 Patent, claims 1, 12, 18

’887 Patent, claims 1, 16

’888 Patent, claims 1, 13

Plain and ordinary meaning

the lid and each wall that defines the enclosure are

insulated each of the plurality of walls and the lid

that define the vacuum space enclosure are

insulated

’165 Patent, claim 1

’734 Patent, claim 1

each of the plurality of walls and the lid that define 

the vacuum space enclosure are insulated

’165 Patent, claim 10

’734 Patent, claims 12, 18

the lid and each wall that surrounds the enclosure 

are insulated 

’887 Patent, claim 1

Plain and ordinary meaning

Case 6:20-cv-00081-ADA Document 109 Filed 06/02/21 Page 1 of 4
the at least some of the plurality of the walls and 

the lid that form the vacuum space enclosure are

insulated

’887 Patent, claim 16

the lid and the enclosure/container are insulated 

’888 Patent, claims 1, 13

the enclosure is capable of maintaining a sufficient

temperature gradient between an inside of the 

enclosure and an outside of the enclosure such that

at least a partial vacuum forms within the 

enclosure

due to said temperature gradient

’165 Patent, claims 1, 10

the enclosure is capable of maintaining a sufficient

temperature gradient between an inside of the 

enclosure and an outside of the enclosure such that 

a suction seal forms at the relatively airtight seal 

between the lid and the one or more walls of the 

cooler when the lid is in the closed position due to 

said temperature gradient 

’734 Patent, claim 1

the enclosure is capable of maintaining a sufficient

temperature gradient between an inside of the 

enclosure and an outside of the enclosure such that 

a suction seal forms between the lid and the 

plurality of walls when the lid is in the closed 

position due to said temperature gradient 

’734 Patent, claims 12, 18

the enclosure is capable of maintaining a

temperature differential between an inside of the

enclosure and an outside of the enclosure and that 

a

pressure differential forms the seal between the lid 

and the plurality of walls of the cooler when the lid 

is in the closed position due to said pressure

differential 

’887 Patent, claim 1

the vacuum space enclosure is capable of 

maintaining a temperature differential or a pressure 

differential between an inside of the enclosure and 

an outside of the enclosure such that a suction seal 

forms between the lid and the at least some of the 

plurality of walls when the lid is in the closed 

position at least in part due to said temperature

differential or said pressure differential

Plain and ordinary meaning

Case 6:20-cv-00081-ADA Document 109 Filed 06/02/21 Page 2 of 4
’887 Patent, claim 16

the lid forming a seal with a top section of the

[enclosure/container] surrounding the product 

storage area of the cooler when the lid is in a 

closed position due to a pressure differential

between an interior of the cooler and an exterior of 

the cooler, ... wherein the [enclosure/cooler] is

capable of maintaining a temperature differential 

between the interior of the [enclosure/cooler] and 

the exterior of

the [enclosure/cooler] 

’888 Patent, claims 1, 13

the [wall(s) and/or lid] comprise(s) a radiation 

reflecting material 

’165 Patent, claims 8, 9, 13

’734 Patent, claim 8

’887 Patent, claim 8

’888 Patent, claim 7

Plain and ordinary meaning

vacuum space enclosure

’165 Patent, claims 10

’734 Patent, claims 12, 18

’887 Patent, claim 16

Plain and ordinary meaning

the at least one gripping handle is located on the lid 

in a location that is proximate to the vacuum 

release

assembly when the lid is in the closed position 

’734 Patent, claim 10

’887 Patent, claim 10

the at least one gripping handle is located on the lid 

in a location that is proximate to a portion of the

vacuum release assembly when the lid is in the 

closed position 

’734 Patent, claim 18

the at least one gripping handle is located on the lid 

in a location that is proximate to the pressure 

release

assembly when the lid is in the closed position 

’888 Patent, claim 9

Plain and ordinary meaning

Case 6:20-cv-00081-ADA Document 109 Filed 06/02/21 Page 3 of 4
when one or more products are contained within 

the enclosure of the cooler, the total heat transfer 

from the exterior environment to that of the

products contained within the enclosure is limited, 

and the products may have their temperatures

reduced using a smaller amount of cooling 

substance while in the enclosure due to the limited 

heat transfer from the exterior environment to said

products 

’734 Patent, claim 11

when one or more products are contained within 

the enclosure of the cooler, the total heat transfer 

from an exterior environment to that of the one or

more products contained within the enclosure is 

limited, thereby a smaller amount of cooling

substance is needed to cool the one or more 

products while in the enclosure due to the limited 

heat transfer from the exterior environment to said 

products 

’887 Patent, claim 11

Plain and ordinary meaning

IT IS SO ORDERED.

SIGNED this 2nd day of June, 2021.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00081-ADA Document 109 Filed 06/02/21 Page 4 of 4