Apple Computer Inc. v. Burst.com, Inc.

Filing 59

CLAIM CONSTRUCTION STATEMENT (JOINT) filed by Apple Computer Inc., Apple Computer Inc., Apple Computer Inc., Apple Computer Inc., Apple Computer Inc.. (Attachments: # 1 Exhibit A - Agreed Constructions# 2 Exhibit B - '995 Patent# 3 Exhibit C - '839 Patent# 4 Exhibit D - '932 Patent# 5 Exhibit E - '705 Patent)(Brown, Nicholas) (Filed on 10/3/2006)

A

pple Computer Inc. v. Burst.com, Inc.

Claim Chart for US Patent 4,963,995 CLAIM LANGUAGE 995-1. An audio/video transceiver apparatus comprising: BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "audio/video" ­ See Exhibit A to Joint Claim Construction Statement BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "audio/video" -AGREED (See Exhibit A to Joint Claim Construction Statement)

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "transceiver apparatus" ­ "a combination of components, in a common housing, that transmits and receives data"- AGREED (See Exhibit A to Joint Claim Construction Statement) input means for receiving audio/visual source information; PROPOSED CONSTRUCTION: "audio/visual source information" and "audio/video source information" ­ "an audio and/or video work that can be received from one or more sources and that has a temporal dimension" INTRINSIC EVIDENCE: `995 Abstract, Fig. 2, 1:7-18, 1:4062, 2:1-7, 2:18-22, 5:28-32, 7:1-8:2. `995 PH: 3/12/90 OAR at 18-20 and claims; `705 PH: 5/26/98 OAR at 1516 and claims. EXTRINSIC EVIDENCE: Expert testimony. "transceiver" ­ AGREED (See Exhibit A to Joint Claim Construction Statement)

PROPOSED CONSTRUCTION: "audio/video source information": see `839 Patent, Claim 1.

PROPOSED CONSTRUCTION: "input means" ­ Not subject to §112 ¶6: "an input port or terminal capable of receiving information"
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INTRINSIC EVIDENCE: `995 Fig. 2, 2:27-32, 3:28-37, 7:1-7, 7:23-8:6, 8:29-57, 10:6-21. EXTRINSIC EVIDENCE:

"input means for receiving audio/visual source information" Limited to structures disclosed under §112 ¶6: video line or camera input line 15, TV RF tuner 16, auxiliary

"input means for receiving audio/visual source information" INTRINSIC EVIDENCE: `995 - 7:1-7; 7:23-28; 7:32-37; 7:45-55; 8:60-63;
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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE Modern Dictionary of Electronics (6th Ed. 1984) and IEEE Standard Dictionary of Electrical and Electronics Terms (4th Ed. 1988) (definition for input); expert testimony.

APPLE'S PROPOSED CONSTRUCTION digital input port 17, or fiber optic port 18.

APPLE'S EVIDENCE Fig. 2 and associated text EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

compression means, coupled to said input means, for compressing said audio/video source information into a time compressed representation thereof having an associated time period that is shorter than a time period associated with a real time representation of said audio/video source information;

PROPOSED CONSTRUCTION: "time compressed representation . . . having an associated time period that is shorter than a time period associated with a real time representation" - "a version of audio/video source information having a reduced number of bits that allows data transfer over an external communications link in a time period that is shorter than the time required for normal playback"

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION:

`995 1:34-37, 1:50-57, 2:42-51, 4:19- time compressed representation: 27, 4:63-5:35, 5:59-60, 7:55-8:2, see `839 Patent, Claim 1. 9:12-15, 9:25-26, 10:28-31. `705 PH: 5/26/98 OAR at 11, 13, 15- having an associated time period: 16 and claims. see `839 Patent, Claim 1. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

`995 Fig. 2, 2:42-51, 4:19-27, 4:63"compressing said audio/video source information" - "reducing the 5:35, 5:59-60, 9:12-15, 9:25-26. number of bits necessary to represent EXTRINSIC EVIDENCE: the audio/video source information" Modern Dictionary of Electronics (6th Ed. 1984) and Webster's New Collegiate Dictionary (1981) (definition for compress); expert testimony.

"compression means...for compressing said audio/video source information..." - Limited to structures disclosed under §112 ¶6: None.

"compression means...for compressing said audio/video source information..." INTRINSIC EVIDENCE: `995 - 4:48-54; 4:63-5:24; Fig. 2 and associated text; `839 - 4:64-5:2; 5:16-39; Figs. 2-3 and associated text; `995 FH - APBU 38-46, 72-89, 90-91; `932 FH APBU 234-235; `705 FH - APBU 551-552, 620-621, 648-653. 2

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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "compression means" - Subject to §112 ¶6: "a compressor/decompressor executing a compression algorithm, plus equivalents"

BURST'S EVIDENCE INTRINSIC EVIDENCE: `995 Fig. 2, 2:42-51, 4:19-27, 4:635:35, 5:59-60, 9:12-15, 9:25-26. EXTRINSIC EVIDENCE: Expert testimony. INTRINSIC EVIDENCE:

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony.

random access storage means, coupled to said compression means, for storing the time compressed representation of said audio/video source information; and

PROPOSED CONSTRUCTION: "random access storage means" Not subject to §112 ¶6: "storage that provides for random access to any given segment of stored audio/video source information"

PROPOSED CONSTRUCTION: "random access storage means...for storing the time compressed representation..." INTRINSIC EVIDENCE: `995 - 6:8-19; Fig. 2 and associated text EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989). "output means...for receiving...for transmission away from said audio/video transceiver apparatus" INTRINSIC EVIDENCE: `995-7:45-64; 8:50-57; 9:62-68; Fig. 2 and associated text EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony. 3

`995 Fig. 2, 2:13-17, 2:59-66, 3:32, "random access storage 4:13-16, 4:22-23, 5:27, 5:36-45, 6:8- means...for storing the time 22, 9:12-28, 9:33-43, 9:55-61, 10:1- compressed representation..." 21. Limited to structures disclosed under §112 ¶6: DRAM, SRAM, CMOS memory, or optical disc memory. `995 PH: 3/12/90 OAR at 18-20 and claims; `932 PH: 5/7/90 OAR at 5-6. EXTRINSIC EVIDENCE: Expert testimony.

output means, coupled to said random access storage means, for receiving the time compressed audio/video source information stored in said random access storage means for transmission away from said audio/video transceiver apparatus.

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION:

"output means" ­ Not subject to `995 Fig. 2, 1:34-37, 1:50-56, 2:46- "output means...for receiving...for §112 ¶6: "an output port or terminal 51, 3:28-37, 7:32-8:6, 8:20-23, 8:29- transmission away from said capable of transmitting information" 57, 9:55-68, 10:6-13. audio/video transceiver apparatus" - Limited to structures disclosed EXTRINSIC EVIDENCE: under §112 ¶6: fiber optic port 18 Modern Dictionary of Electronics that delivers audio/video signals to a (6th Ed. 1984) and IEEE Standard fiber optic telephone line. Dictionary of Electrical and Electronics Terms (4th Ed. 1988) (definition for output); expert testimony.

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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "the time compressed audio/video source information...for transmission away from said audio/video transceiver apparatus" ­ "sending the time compressed representation to an external device capable of playback, where the representation is sent in a time period that is shorter than the time required for normal playback"

BURST'S EVIDENCE INTRINSIC EVIDENCE: `995 Abstract, 1:34-37, 1:50-57, 7:45-66, 8:29-57, 9:55-10:21. `995 PH: 3/12/90 OAR at 18-20 and claims; `932 PH: 5/7/90 OAR at 5-6; `705 PH: 5/26/98 OAR at 11, 15 and claims. EXTRINSIC EVIDENCE: Expert testimony. INTRINSIC EVIDENCE: `995 Abstract, Fig. 2, 1:57-59, 6:2348, 6:53-62, 9:31-54. EXTRINSIC EVIDENCE: Expert testimony.

APPLE'S PROPOSED CONSTRUCTION time compressed: see `839 Patent, Claim 1. "audio/video source information": see `839 Patent, Claim 1.

APPLE'S EVIDENCE

995-2. An audio/video transceiver apparatus as in claim 1 further comprising editing means, coupled to said random access storage means, for editing the time compressed representation of said audio/video source information stored in said random access storage means and for restoring the edited time compressed representation of said audio/video source information in said random access storage means; and wherein said output means is operative for receiving the edited time compressed representation of said audio/video source information stored in said random access storage means for transmission away from said audio/video transceiver apparatus.

PROPOSED CONSTRUCTION: "editing means" - Subject to §112 ¶6: "a processor executing stored editing software, plus equivalents"

PROPOSED CONSTRUCTION: "editing means...for editing the time compressed representation...and for restoring the time compressed representation" - Limited to structures disclosed under §112 ¶6: (1) Digital control unit 14 which includes (a) CPU (Intel 80286 or 80386 or Motorola 68020 or 68030), (b) ROM (TI TMS47256) and (c) integrated circuit controller; and (2) user interface control panel, light pen or mouse. "editing means...for editing ...and for restoring..." INTRINSIC EVIDENCE: `995 - 6:23-48; 6:53-62; 9:31-41; Fig. 2 and associated text EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; Webster's II New Riverside University Dictionary, (1988); McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

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CLAIM LANGUAGE 995-3. An audio/video transceiver apparatus as in claim 2 further comprising monitor means for enabling the user to selectively identify the time compressed representation of said audio/video source information stored in said random access storage means during editing.

BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION:

BURST'S EVIDENCE INTRINSIC EVIDENCE:

APPLE'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "monitor means for enabling the user to selectively identify the time compressed representation..." Limited to structures disclosed under §112 ¶6: flat panel video display built into the VCR-ET, television coupled to an RF modulator, or a computer monitor.

APPLE'S EVIDENCE "monitor means for enabling the user to selectively identify the time compressed representation..." INTRINSIC EVIDENCE: `995 - 6:38-44; 6:49-52; 10:21-27 EXTRINSIC EVIDENCE: Expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

"monitor means" ­ Not subject to `995 6:30-52, 8:24-26, 9:32-54, §112 ¶6, and no construction 10:22-28. necessary. Alternatively, "a display" EXTRINSIC EVIDENCE: Expert testimony.

995-7. An audio/video transceiver apparatus as in claim 1 wherein said random access storage means comprises a semiconductor memory.

PROPOSED CONSTRUCTION: "semiconductor memory" ­ "a form of memory that stores information in a semiconductor" ­ AGREED (See Exhibit A to Joint Claim Construction Statement)

995-8. An audio/video transceiver apparatus as in claim 1 wherein: said audio/video source information PROPOSED CONSTRUCTION: comprises analog audio/video source "analog" ­ "information in the form information; of continuously varying physical quantities" ­ AGREED (See Exhibit A to Joint Claim Construction Statement) said audio/video transceiver apparatus further comprises analog to digital converter means for converting said analog audio/video source information to
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PROPOSED CONSTRUCTION: "digital" ­ "information in the form of digits or discrete quantities" ­ AGREED (See Exhibit A to Joint Claim Construction Statement) 5

CLAIM LANGUAGE corresponding digital audio/video source information;

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "analog to digital converter means" ­ Not subject to §112 ¶6, and no construction necessary. Alternatively, "a circuit that changes analog information into digital information"

INTRINSIC EVIDENCE: `995 Fig. 2, 2:18-22, 4:17-27, 4:3247, 4:54-62, 6:3-7, 9:12-15. `995 PH: 3/12/90 OAR at 19 and claims. EXTRINSIC EVIDENCE: Modern Dictionary of Electronics (6th Ed. 1984) and IEEE Standard Dictionary of Electrical and Electronics Terms (4th Ed. 1988) (definition for analog to digital converter); expert testimony.

"analog to digital converter means for converting said analog audio/video source information to corresponding digital audio/video source information" - Limited to structures disclosed under §112 ¶6: Burr-Brown ADC 600.

"analog to digital converter means for converting said analog audio/video source information to corresponding digital audio/video source information" INTRINSIC EVIDENCE: `995 - 4:57-62; Fig. 2 and associated text EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony.

said compression means is operative for compressing said corresponding digital audio/video source information into a digital time compressed representation thereof having an associated time period that is shorter than a time period associated with a real time representation of said digital audio/video source information; and said random access storage means is operative for storing said digital time compressed representation of said corresponding digital audio/video source information. 6

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CLAIM LANGUAGE 995-9. An audio/video transceiver apparatus as in claim 1 wherein: said audio/video source information comprises digital audio/video source information; said compression means is operative for compressing said digital audio/video source information into a digital time compressed representation thereof having an associated time period that is shorter than a time period associated with a real time representation of said digital audio/video source information; and said random access storage means is operative for storing said digital time compressed representation of said digital audio/video source information; 995-15. An audio/video transceiver apparatus is in claim 9 wherein said input means is coupled to an external computer and said digital audio/video source information comprises computer-generated audio/video information. 995-16. An audio/video transceiver
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BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "computer" ­ "any device capable of accepting information, applying prescribed processes to the information, and supplying the results of these processes" ­ AGREED (See Exhibit A to Joint Claim Construction Statement) PROPOSED CONSTRUCTION: 7

CLAIM LANGUAGE apparatus as in claim 9 wherein said input means comprises a fiber optic input port coupled to a fiber optic transmission line and said digital audio/video source information comprises information received over said fiber optic transmission line. 995-17. An audio/video transceiver apparatus comprising: input means for receiving audio/video source information as a time compressed representation thereof, said time compressed representation of said audio/video source information being received over an associated burst time period that is shorter than a real time period associated with said audio/video source information;

BURST'S PROPOSED CONSTRUCTION "fiber optic" ­ "fibers for sending or receiving information in optical form" ­ AGREED (See Exhibit A to Joint Claim Construction Statement)

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "transceiver apparatus" ­ see above (AGREED) PROPOSED CONSTRUCTION: INTRINSIC EVIDENCE: PROPOSED CONSTRUCTION: "audio/video source information": see `839 Patent, Claim 1. "audio/video source information" ­ See above. see above. EXTRINSIC EVIDENCE: Expert testimony. PROPOSED CONSTRUCTION: "time compressed representation . . . being received over an associated burst time period that is shorter than a real time period associated with said audio/video source information" ­ "a version of audio/video source information having a reduced number of bits that is received over an external communications link in a time period that is shorter than the time required for normal playback" INTRINSIC EVIDENCE: `995 1:34-37, 1:50-57, 2:42-51, 4:19- time compressed representation: see `839 Patent, Claim 1. 27, 4:63-5:35, 5:59-60, 7:55-8:2; 9:12-15, 9:25-26. receiving...as a time compressed `705 PH: 5/26/98 OAR at 11, 13, 15- representation: see `839 Patent, 16 and claims. Claim 17. EXTRINSIC EVIDENCE: Expert testimony. being received over an associated burst time period: see `839 Patent, Claim 17.

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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "input means" - see above

BURST'S EVIDENCE INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony.

APPLE'S PROPOSED CONSTRUCTION "input means for receiving audio/video source information as a time compressed representation thereof..." - Limited to structures disclosed under §112 ¶6: fiber optic port 18.

APPLE'S EVIDENCE "input means for receiving audio/video source information as a time compressed representation thereof..." INTRINSIC EVIDENCE: `995 - 7:32-37; 7:45-64; 8:29-44; 8:50-57; 9:62-68; 10:14-20; Fig. 2 and associated text EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

random access storage means, coupled to said input means, for storing the time compressed representation of said audio/video source information received by said input means; and

PROPOSED CONSTRUCTION: "random access storage means" ­ see above For all other terms, see above PROPOSED CONSTRUCTION: "output means" ­ see above

INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: random access storage means...for storing the time compressed representation: see `995 Patent, Claim 1.

output means, coupled to said random access storage means, for receiving the time compressed representation of said audio/video source information stored in said random access storage means for transmission away from said audio/video transceiver apparatus.

INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: output means...for receiving...for transmission away from said audio/video transceiver apparatus: see `995 Patent, Claim 1.

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

See above. "the time compressed representation of said audio/video EXTRINSIC EVIDENCE: source information...for
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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

Expert testimony. transmission away from said audio/video transceiver apparatus" ­ "sending the time compressed representation to an external device capable of playback, where the representation is sent in a time period that is shorter than the time required for normal playback" 995-19. An audio/video transceiver apparatus as in claim 17 in combination with a video library, coupled via a communication link with said audio/video transceiver apparatus, said video library storing a multiplicity of items of audio/video source information in said time compressed representation for selective retrieval, in said associated burst time period over said communication link. 995-20. An audio/video transceiver apparatus as in claim 1 further comprising: decompression means, coupled to said random access storage means, for selectively decompressing said time compressed representation of said audio/video source information stored in said random access storage means; and PROPOSED CONSTRUCTION: "selectively decompressing" ­ No construction required. Alternatively, "decompressing some or all of the stored time compressed representation selected by a user" INTRINSIC EVIDENCE: `995 1:57-59; 2:59-64; 4:19-26; 5:43-45; 5:57-63; 6:23-48; 9:18-30. EXTRINSIC EVIDENCE: Expert testimony. "decompression means...for "decompression means...for selectively decompressing said time selectively decompressing..." compressed representation ..." INTRINSIC EVIDENCE: `995 - 4:48-54; 10 PROPOSED CONSTRUCTION: selectively decompressing: see `'839 Patent, Claim 20.

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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "decompression means" - Subject to §112 ¶6: "a compressor/decompressor executing a decompression algorithm, plus equivalents"

BURST'S EVIDENCE INTRINSIC EVIDENCE: `995 Fig. 2, 2:42-51, 4:19-27, 4:635:35, 5:59-60, 9:12-15, 9:25-26. EXTRINSIC EVIDENCE: Expert testimony.

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

Limited to structures disclosed under 4:63-5:24; Fig. 2 and associated text §112 ¶6: None. EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; Burst's Claim Construction Briefing in V; expert testimony; Webster's II New Riverside University Dictionary, (1988). PROPOSED CONSTRUCTION: editing: see `839 Patent, Claim 2.

editing means, coupled to said random access storage means and decompression means, for editing said selectively decompressed time compressed representation of said audio/video source information, and for storing said edited selectively decompressed time compressed representation of said audio/video source information in said random access storage means.

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

"editing" ­ No construction `995 Abstract, 6:23-48, 6:53-62, required. Alternatively, "modifying" 9:31-54. EXTRINSIC EVIDENCE: Webster's New Collegiate Dictionary (1981) (definition for edit); expert testimony. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony.

"editing means" ­ see above

"editing means...for editing said selectively decompressed time compressed representation... and for storing..." - Limited to structures disclosed under §112 ¶6: (1) Digital control unit 14 which includes (a) CPU (Intel 80286 or 80386 or Motorola 68020 or 68030), (b) ROM (TI TMS47256) and (c) integrated circuit controller; (2) user interface control panel, light pen or mouse; and (3) VME bus, Intel's Multibus, or Optobuss.

"editing means...for editing said selectively decompressed time compressed representation... and for storing..." INTRINSIC EVIDENCE: `995 - 6:23-48; 6:53-68; 9:31-41; Fig. 2 and associated text EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; Webster's II New Riverside University Dictionary, (1988); 11

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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

995-21. An audio/video transceiver apparatus as in claim 1 further comprising: decompression means, coupled to said random access storage means, for selectively decompressing said time compressed representation of said audio/video source information stored in said random access storage means; and editing means, coupled to said random access storage means an decompression means, for editing said selectively decompressed time compressed representation of said audio/video source information; PROPOSED CONSTRUCTION: "editing means" ­ see above INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony. PROPOSED CONSTRUCTION: "editing means...for editing said selectively decompressed time compressed representation..." Limited to structures disclosed under §112 ¶6: (1) Digital control unit 14 which includes (a) CPU (Intel 80286 or 80386 or Motorola 68020 or 68030), (b) ROM (TI TMS47256) and (c) integrated circuit controller; and (2) user interface control panel, light pen or mouse. "editing means...for editing said selectively decompressed time compressed representation..." INTRINSIC EVIDENCE: `995 - 6:23-48; 6:53-62; 9:31-41; Fig. 2 and associated text EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; Webster's II New Riverside University Dictionary, (1988); McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989). "compression means...for 12

wherein said compression means is operative for recompressing the
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PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION:

CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE See above. EXTRINSIC EVIDENCE: Expert testimony.

APPLE'S PROPOSED CONSTRUCTION "compression means...for recompressing..." - Limited to structures disclosed under §112 ¶6: None

APPLE'S EVIDENCE recompressing..." INTRINSIC EVIDENCE: `995 - 4:48-54; 4:63-5:24; Fig. 2 and associated text EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony. "random access storage means...for storing the recompressed..." INTRINSIC EVIDENCE: `995 - 6:8-19; Fig. 2 and associated text EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

edited selectively decompressed time "compression means" ­ see above compressed representation of said audio/video source information; and

wherein said random access storage PROPOSED CONSTRUCTION: means is operative for storing the "random access storage means" ­ recompressed selectively see above decompressed time compressed representation of said audio/video source information.

INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: "random access storage means...for storing the recompressed..." - Limited to structures disclosed under §112 ¶6: DRAM, SRAM, CMOS memory, or optical disc memory.

995-22. An audio/video transceiver apparatus as in claim 1 further comprising:

PROPOSED CONSTRUCTION: "audio/video" ­ See above ­ AGREED

PROPOSED CONSTRUCTION: "transceiver apparatus" ­ see above ­ AGREED
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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

decompression means, coupled to said random access storage means, for selectively decompressing the time compressed representation of said audio/video source information stored in said random access storage means; and monitor means for enabling the user PROPOSED CONSTRUCTION: to view the selectively decompressed "monitor means" ­ see above time compressed representation of said audio/video source information. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony. PROPOSED CONSTRUCTION: "monitor means for enabling the user to view..." - Limited to structures disclosed under §112 ¶6: flat panel video display built into the VCR-ET, television coupled to an RF modulator, or a computer monitor. "monitor means for enabling the user to view..." INTRINSIC EVIDENCE: `995 - 6:38-44; 6:49-52; 10:21-27 EXTRINSIC EVIDENCE: Expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

995-23. An audio/video transceiver apparatus as in claim 8 further comprising: decompression means, coupled to said random access storage means, for selectively decompressing the digital time compressed representation of said corresponding digital audio/video source information stored in said random access storage means; and 14

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CLAIM LANGUAGE editing means, coupled to said random access storage means and decompression means, for editing the decompressed digital time compressed representation of said corresponding digital audio/video source information and for then storing the edited decompressed digital time compressed representation of said corresponding digital audio/video source information in said random access storage means. 995-24. An audio/video transceiver apparatus as in claim 23 further comprising monitor means for enabling the user to selectively view the decompressed digital time compressed representation of said corresponding digital audio/video source information during editing.

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "monitor means" ­ see above

INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: "monitor means...for enabling the user to selectively view..." Limited to structures disclosed under §112 ¶6: (1) flat panel video display built into the VCR-ET, television coupled to an RF modulator, or a computer monitor and (2) user interface control panel, light pen or mouse. "monitor means...for enabling the user to selectively view..." INTRINSIC EVIDENCE: `839 - 6:53-7:9, 10:10-32, `995 - 6:38-44; 6:49-52; 10:21-27; '705 FH - APBU00000649.

PROPOSED CONSTRUCTION: "selectively view . . . during editing" ­ No construction necessary. Alternatively, "view selection(s) of . . . during editing"

INTRINSIC EVIDENCE: `995 6:23-48, 9:31-54. EXTRINSIC EVIDENCE: Expert testimony.

EXTRINSIC EVIDENCE: Expert testimony; Webster's II New Riverside University Dictionary, (1988); McGraw Hill Dictionary of Scientific and Technical Terms, 4th "selectively view ... during editing" ­ viewing the portion of the ed. (1989). representation selected by a user on during editing. "selectively view ... during editing" INTRINSIC EVIDENCE: `839 - 6:53-

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CLAIM LANGUAGE

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE 7:9, 10:10-32, `995 - 6:38-44; 6:4952; 10:21-27; '705 FH - APBU00000649. EXTRINSIC EVIDENCE: Expert testimony; Webster's II New Riverside University Dictionary (1988).

995-25. An audio/video transceiver apparatus as in claim 8 further comprising: decompression means, coupled to said random access storage means, for selectively decompressing the digital time compressed representation of said corresponding digital audio/video source information stored in said random access storage means; and monitor means, coupled to said decompression means, for enabling the user to selectively view the decompressed digital time compressed representation of said corresponding digital audio/video source information. 995-26. An audio/video transceiver apparatus as in claim 9 further comprising: decompression means, coupled to said random access storage means,
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CLAIM LANGUAGE for selectively decompressing the digital time compressed representation of said digital audio/video source information stored in said random access memory means; and editing means, coupled to said random access storage means and decompression means, for editing the decompressed digital time compressed representation of said digital audio/video source information; said random access storage means thereafter being operative for storing the edited decompressed digital time compressed representation of said digital audio/video source information in said random access storage means. 995-27. An audio/video transceiver apparatus as in claim 26 further comprising monitor means for enabling the user to selectively view the decompressed digital time compressed representation of said digital audio/video source information during editing. 995-28. An audio/video transceiver apparatus as in claim 9 further
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BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

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CLAIM LANGUAGE comprising: decompression means, coupled to said random access storage means, for selectively decompressing the digital time compressed representation of said digital audio/video source information stored in said random access memory means; and monitor means, coupled to said decompression means, for enabling the user to selectively view the decompressed digital time compressed representation of said digital audio/video source information. 995-44. An audio/video transceiver apparatus as in claim 1 further comprising recording means, including a removable recording medium coupled to said random access storage means, for storing the time compressed representation of said audio/video source information stored in said random access storage means onto said removable recording medium.

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "recording means" - Subject to §112 ¶6: "an audio/video recording unit such as a video cassette recorder, WORM drive, erasable optical disk drive, or other optical drive, plus equivalents"

INTRINSIC EVIDENCE: `995 2:37-41, 3:38-4:16, 9:4-30, 10:29-36. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: "recording means, including a removable recording medium ... for storing ... " - Limited to structures disclosed under §112 ¶6: recording unit that uses removable magnetic tape, removable WORM optical disk, or removable erasable optical disk, and shunt switch. "recording means, including a removable recording medium ... for storing ... " INTRINSIC EVIDENCE: `995 - 3:384:16; 5:63-6:2; 9:4-30; Fig. 2 and associated text EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

995-47. An audio/video transceiver apparatus as in claim 17 further
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CLAIM LANGUAGE comprising recording means, including a removable recording medium, coupled to said random access storage means, for storing the time compressed representation of said audio/video source information stored in said random access storage means onto said removable recording medium. 995-51. An audio/video transceiver apparatus as in claim 9 further comprising CD-ROM means for providing said digital audio/video source information. 995-52. An audio/video transceiver apparatus as in claim 9 further comprising erasable optical disc means for providing said digital audio/video source information. 995-80. An audio/video transceiver apparatus as in claim 1 further comprising editing means, coupled to said random access storage means, for editing said time compressed representation of said audio/video source information and for then storing the edited time compressed representation of said audio/video source information in said random
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BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "CD-ROM means" ­"CompactDisc Read Only Memory" ­ AGREED (See Exhibit A to Joint Claim Construction Statement) PROPOSED CONSTRUCTION: "erasable optical disc means" ­ "an optical disk storage medium that has read/write/erase capabilities" ­ AGREED (See Exhibit A to Joint Claim Construction Statement)

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CLAIM LANGUAGE access storage means.

BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

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