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 5,164,839 CLAIM LANGUAGE BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION:

APPLE'S EVIDENCE

839-1. A method for handling PROPOSED CONSTRUCTION: audio/video source information, the "audio/video" ­ see `995 claim 1 ­ method comprising: AGREED "audio/video source information" ­ INTRINSIC EVIDENCE: see `995 claim 1. See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1.

"audio/video source information" the entirety of the data intended to be transmitted, not segments of that data.

"audio/video source information"

INTRINSIC EVIDENCE: `839 - 1:25-43, 1:56-63, 2:1-23, 5:35-40, 8:11-33, 8:38-50, 9:23-10:9, 20:32-44, 11:5112:11. `995 FH - APBU 89-91; `839 FH - APBU 361, 364-365; `932 FH APBU 232-235, 238-239; 705 FH APBU 551, 620-621, 648-650. 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).

receiving audio/video source information; compressing the received audio/video source information into a time compressed representation thereof having an associated burst time period that is shorter than a time period associated with a real time representation of the received audio/video source information;
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PROPOSED CONSTRUCTION: "compressing the received audio/video source information" ­ "reducing the number of bits necessary to represent the audio/video source information."

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: Modern Dictionary of Electronics (6th Ed. 1984) and Webster's New Collegiate Dictionary (1981) (definition for compress); expert

PROPOSED CONSTRUCTION: "time compressed representation" ­ a representation of the audio/video source information that is compressed in time without using data compression. "time compressed representation" INTRINSIC EVIDENCE: `839 - 2:47-58, 4:29-5:39, 8:5-26, 12:17-33, 11:68:12:10; `995-4:63-5:24, 8:5057; `995 FH - APBU 38-46, 72-89, 90-91; `932 FH - APBU 234-235; `705 FH - APBU 551-552, 620-621,

Dockets.Justia.com

Doc. 59 Att. 3

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE testimony. APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE 648-653. EXTRINSIC EVIDENCE: expert testimony; Webster's II New Riverside University Dictionary, (1988); Modern Dictionary of Electronics, 6th ed. (1984); Gitlin, Hayes, & Weinstein, Data Communications Principles (Plenum Press, 1992); Graf & Sheets, Video Scrambling & Descrambling for Satellite and Cable TV (Newnes, 2nd edition, 1998); United States Patent No. 5,440,334. "having an associated burst time period ..." INTRINSIC EVIDENCE: `839 - 8:5-26; `995 - 8:50-57; `995 FH - APBU 3846, 72-89, 90-91; `932 FH - APBU 232-233. EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; Claim Construction Order in Burst.com v. Microsoft; expert testimony; Webster's II New Riverside University Dictionary, (1988); Modern Dictionary of Electronics, 6th ed. (1984); Gitlin, Hayes, & Weinstein, Data Communications Principles (Plenum Press, 1992); Graf & Sheets, Video Scrambling & Descrambling for Satellite and Cable TV (Newnes, 2nd edition, 1998); United States Patent No. 5,440,334.
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PROPOSED CONSTRUCTION: "time compressed representation . . . having an associated burst time period that is shorter than a time period associated with a real time representation" ­ see '995 claim 1

INTRINSIC EVIDENCE: See `995 claim 1; see also `839 Figs. 3 & 4, 2:52-58, 8:18-20, 10:6-9, 11:28-32, 11:48-12:11, 12:25-27, 12:38-45. EXTRINSIC EVIDENCE: Modern Dictionary of Electronics (6th Ed. 1984) and Webster's New Collegiate Dictionary (1981) (definition for compress); expert testimony. "having an associated burst time period (that is shorter than a time period associated with a real time representation)" - the time compressed representation has a burst transmission time of definite duration that is known at the time of compression to be shorter than the time required to play the source information in real time.

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Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

storing said time compressed representation of the received audio/video source information; and transmitting, in said burst time period, the stored time compressed representation of the received audio/video source information to a selected destination. PROPOSED CONSTRUCTION: "transmitting" ­ No construction required. Alternatively, "sending" INTRINSIC EVIDENCE: `995 Abstract, 1:34-37, 1:50-57, 7:45-66, 8:29-57, 9:55-10:21; `839 Figs. 3 & 4; 11:28-32, 11:48-12:11, 12:25-27, 12:38-45. EXTRINSIC EVIDENCE: IEEE Standard Dictionary of Electrical and Electronics Terms (4th Ed. 1988) (definition for transmit); expert testimony. PROPOSED CONSTRUCTION: "in said burst time period" ­ see `995 claim 1 ("in a time period that is shorter than the time required for normal playback"). PROPOSED CONSTRUCTION: "transmitting" - sending to a remote location; excludes transferring through an interface to a storage device. "transmitting" INTRINSIC EVIDENCE: `839 Abstract, 1:36-43, 1:59-63, 2:14-18, 2:19-23, 8:18-20, 8:24-26, 8:60-61, 9:12-13, 10:7-10:9, 11:3, 11:30-32, 11:51-56, 12:12-17, 12:25-33; 9958:50-57; `995 FH - APBU 89, 9091,121-123; `705 FH - APBU 551552, 620-621, 649-653. EXTRINSIC EVIDENCE: expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989). "in said burst time period" INTRINSIC EVIDENCE: `839 - 8:5-26; `995 - 8:50-57; `995 FH - APBU 3846; 72-89, 90-91; `932 FH - APBU 232-233. EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; Claim Construction Order in Burst.com v. Microsoft; expert testimony; Webster's II New Riverside University Dictionary, (1988); Modern Dictionary of 3

"in said burst time period" ­ in the burst transmission time of definite See `995 claim 1; see also `839 Figs. duration that is known at the time of 3 & 4, 11:48-12:11, 12:25-27, 12:38- compression to be shorter than the 45. time required to play the source EXTRINSIC EVIDENCE: information in real time. INTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: "transmitting . . . to a selected destination" ­ "sending to an external device that is capable of playback and is selected by a user"
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INTRINSIC EVIDENCE: `995 Abstract, 1:34-37, 1:50-57, 7:45-66, 8:29-57, 9:55-10:21; `839 Figs. 3 & 4, 11:28-32, 11:48-12:11, 12:25-27, 12:38-45.

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE `995 PH: 3/12/90 OAR at 18-20 and claims; `932 PH: 5/7/90 OAR at 5-6; and'705 PH: 5/26/98 OAR at 11, 15 and claims. EXTRINSIC EVIDENCE: Expert testimony. 839-2. A method as in claim 1 further comprising the steps of: editing the stored time compressed representation of said audio/video source information; and PROPOSED CONSTRUCTION: "editing" ­ see `995 claim 20. INTRINSIC EVIDENCE: See `995 claim 20; see also `839 12:46-52. EXTRINSIC EVIDENCE: Webster's New Collegiate Dictionary (1981) (definition for edit); expert testimony. PROPOSED CONSTRUCTION: "editing" - modifying the representation of the audio/video source information (does not include the function of creating a playlist) "editing" INTRINSIC EVIDENCE: `839 - 6:49-62, 6:63-7:5, 10:15-19, 10:27-31, 12:4652; `995 - 6:26-37, 6:40-48. EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; IEEE Standard Dictionary of Electrical and Electronics Terms, 4th ed. (1988); Webster's II New Riverside University Dictionary (1988). APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE Electronics, 6th ed. (1984); Gitlin, Hayes, & Weinstein, Data Communications Principles (Plenum Press, 1992); Graf & Sheets, Video Scrambling & Descrambling for Satellite and Cable TV (Newnes, 2nd edition, 1998); United States Patent No. 5,440,334.

storing the edited time compressed representation of said audio/video source information. 839-3. A method as in claim 2 further comprising the step of monitoring the stored, time compressed representation of said audio/video source information during editing.
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PROPOSED CONSTRUCTION: "monitoring . . . during editing" ­ No construction required. Alternatively, "observing and/or listening during editing"

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION:

`995 6:23-48, 6:53-62, 9:31-54; see "monitoring ... during editing" "monitoring ... during editing" also `839 8:30-33, 9:64-10:9, 12:46- watching (for video) and/or listening INTRINSIC EVIDENCE: `839 - 6:5352. (for audio)... during editing. 7:9, 10:10-32; `705 FH - APBU 537. EXTRINSIC EVIDENCE: EXTRINSIC EVIDENCE: IEEE Webster's New Collegiate Dictionary Standard Dictionary of Electrical and 4

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE (1981) (definition for monitor); expert testimony. 839-7. A method as in claim 1 PROPOSED CONSTRUCTION: wherein the step of storing comprises "semiconductor memory" ­ see storing the time compressed `995 claim 7 ­ AGREED representation of said audio/video source information in a semiconductor memory. 839-8. A method as in claim 1 wherein: said audio/video source information PROPOSED CONSTRUCTION: comprises analog audio/video source "analog" ­ see `995 claim 8 ­ information; AGREED said method further comprises the step of converting said analog audio/video source information to corresponding digital audio/video source information; said step of compressing comprises compressing said corresponding digital audio/video source information into a digital time compressed representation thereof having an associated burst time period that is shorter than a time period associated with a real time representation of said digital audio/video source information; and said step of storing comprises storing
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APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE Electronics Terms, 4th ed., (1988); Webster's II New Riverside University Dictionary (1988).

PROPOSED CONSTRUCTION: "digital" ­ see `995 claim 8 ­ AGREED

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Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE said digital time compressed representation of said corresponding digital audio/video source information. 839-9. A method as in claim 1 wherein: said audio/video source information comprises digital audio/video source information; said step of compressing comprises compressing said digital audio/video source information into a digital time compressed representation thereof having an associated burst time period that is shorter than a time period associated with a real time representation of said digital audio/video source information; and said step of storing comprises storing said digital time compressed representation of said digital audio/video source information. 839-15. A method as in claim 9 wherein said audio/video source information comprises information received from a computer. 839-16. A method as in claim 9 wherein said audio/video source information comprises information received over a fiber optic transmission line.
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BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "computer" ­ see `995 claim 15 ­ AGREED PROPOSED CONSTRUCTION: "fiber optic" ­ see `995 claim 16 ­ AGREED

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Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE 839-17. A method for handling audio/video source information, the method comprising: 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 real time playback of said audio/video source information; PROPOSED CONSTRUCTION: INTRINSIC EVIDENCE: PROPOSED CONSTRUCTION: audio/video source information: see `839 Patent, Claim 1 time compressed representation: see `839 Patent, Claim 1 PROPOSED CONSTRUCTION: "time compressed representation . . . being received over an associated burst time period that is shorter than a real time period associated with real time playback" ­ see `995 claim 17. INTRINSIC EVIDENCE: See `995 claim 17; see also `839 Figs. 3 & 4, 11:48-12:11, 12:25-27, 12:38-45. EXTRINSIC EVIDENCE: See `995 claim 17. "being received over an associated burst time period that is shorter than a real time period associated with real time playback" ­ the time compressed representation is received in a burst time of definite duration that is shorter than the time required to play the source information in real time. "being received over an associated burst time period" INTRINSIC EVIDENCE: `839 - 8:5-26; `995 - 8:50-57; `995 FH - APBU 3846, 72-89, 90-91; `932 FH - APBU 232-233. EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; Claim Construction Order in Burst.com v. Microsoft; expert testimony; Webster's II New Riverside University Dictionary, (1988); Modern Dictionary of Electronics, 6th ed. (1984); Gitlin, Hayes, & Weinstein, Data Communications Principles (Plenum Press, 1992); Graf & Sheets, Video Scrambling & Descrambling for Satellite and Cable TV (Newnes, 2nd edition, 1998); United States Patent No. 5,440,334. "audio/video source information" ­ See `995 claim 1. see `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1. BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

storing the time compressed
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7

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE representation of said received audio/video source information; and transmitting, in said burst time period, the stored time compressed representation of said received audio/video source information to a selected destination. PROPOSED CONSTRUCTION: "transmitting" ­ see above. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above. PROPOSED CONSTRUCTION: "in said burst time period" ­ see `995 claim 1 ("in a time period that is shorter than the time required for normal playback"). INTRINSIC EVIDENCE: See `995 claim 1; see also `839 Figs. "in said burst time period" ­ the 3 & 4, 11:48-12:11, 12:25-27, 12:38- stored time compressed representation is transmitted in the 45. same time of definite duration as it EXTRINSIC EVIDENCE: was received. This time must be shorter than the time required to play Expert testimony. the source information in real time. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: IEEE Standard Dictionary of Electrical and Electronics Terms (4th Ed. 1988) (definition for transmit); expert testimony. "in said burst time period" INTRINSIC EVIDENCE: `839 - 8:5-26; `995 - 8:50-57; `995 FH - APBU 3846, 72-89, 90-91; `932 FH - APBU 232-233. EXTRINSIC EVIDENCE: Burst's Claim Construction Briefing in Burst.com v. Microsoft; Claim Construction Order in Burst.com v. Microsoft; expert testimony; Webster's II New Riverside University Dictionary, (1988); Modern Dictionary of Electronics, 6th ed. (1984); Gitlin, Hayes, & Weinstein, Data Communications Principles (Plenum Press, 1992); Graf & Sheets, Video Scrambling & Descrambling for Satellite and Cable TV (Newnes, 2nd edition, 1998); United States Patent No. 5,440,334. "multiplicity" INTRINSIC EVIDENCE: 8 PROPOSED CONSTRUCTION: transmitting: see `839 Patent, Claim 1 BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "transmitting . . . to a selected destination" ­ see above ("sending to an external device that is capable of playback and is selected by a user")

839-19. A method as in claim 17 PROPOSED CONSTRUCTION: wherein said audio/video source "communications link" ­ "a information comprises information received over a communications link connection between one device and another provided by one or more
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PROPOSED CONSTRUCTION: "multiplicity" - two or more; usually a fairly large number.

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE from a video library storing a multiplicity of programs of audio/video source information as time compressed representations thereof for selective retrieval by a user in an associated burst time period. BURST'S PROPOSED CONSTRUCTION media over which information can be transmitted and received" ­ AGREED (See Exhibit A to Joint Claim Construction Statement) "multiplicity" ­ No construction necessary. Alternatively, "a large number" BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE EXTRINSIC EVIDENCE: Landis on "communications link" ­ AGREED Mechanics of Claim Drafting, 5th ed. (2005).

INTRINSIC EVIDENCE: `995 7:67-8:2. EXTRINSIC EVIDENCE: Webster's New Collegiate Dictionary (1981) and American Heritage Dictionary (1982) (definition for multiplicity); expert testimony.

839-20. A method as in claim 1 further comprising the steps of: selectively decompressing the stored PROPOSED CONSTRUCTION: time compressed representation of "selectively decompressing" ­ No said audio/video source information; construction required. Alternatively, "decompressing some or all of the stored time compressed representation selected by a user" INTRINSIC EVIDENCE: PROPOSED CONSTRUCTION: "selectively decompressing" INTRINSIC EVIDENCE: `839 - 6:537:9, 10:10-32, '705 FH - APBU00000649. EXTRINSIC EVIDENCE: Webster's II New Riverside University Dictionary (1988). INTRINSIC EVIDENCE: See `995 claim 20; see also `839 12:46-52. EXTRINSIC EVIDENCE: Expert testimony. storing the edited selectively
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See `995 claim 20; see also `839 Fig. "selectively decompressing" 4; 12:46-52. decompressing the portion of the stored time compressed EXTRINSIC EVIDENCE: representation selected by a user. Expert testimony.

editing the selectively decompressed PROPOSED CONSTRUCTION: time compressed representation of "editing" ­ see `995 claim 20. said audio/video source information; and

PROPOSED CONSTRUCTION: editing: see `839 Patent, Claim 2

9

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE decompressed time compressed representation of said audio/video source information. 839-21. A method as in claim 1 further comprising the steps of: selectively decompressing the stored PROPOSED CONSTRUCTION: time compressed representation of "selectively decompressing" ­ see said audio/video source information; above. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above. editing the selectively decompressed PROPOSED CONSTRUCTION: time compressed representation of "editing" ­ see above. said audio/video source information; INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above. recompressing the edited selectively decompressed time compressed representation of said audio/video source information; and storing the recompressed edited selectively decompressed time compressed representation of said audio/video source information. 839-22. A method as in claim 1 further comprising the steps of: selectively decompressing the stored time compressed representation of said audio/video source information; and visually displaying the selectively
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BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

10

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE decompressed time compressed representation of said audio/video source information for viewing by a user. 839-23. A method as in claim 8 further comprising the steps of: selectively decompressing the stored digital time compressed representation of said corresponding digital audio/video source information; editing the selectively decompressed digital time compressed representation of said corresponding digital audio/video source information; and storing the edited selectively decompressed digital time compressed representation of said corresponding digital audio/video source information. 839-26. A method as in claim 9 further comprising the steps of: selectively decompressing the stored digital time compressed representation of said digital audio/video source information; editing the selectively decompressed digital time compressed representation of said digital audio/video source information; and
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BURST'S PROPOSED CONSTRUCTION

BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION

APPLE'S EVIDENCE

11

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE storing the edited selectively decompressed digital time compressed representation of said digital audio/video source information. 839-27. A method as in claim 26 further comprising the step of visually displaying the selectively decompressed digital time compressed representation of said digital audio/video source information for selective viewing by a user during editing. PROPOSED CONSTRUCTION: "visually displaying ... for selective viewing by a user during editing" ­ No construction required. Alternatively, "displaying at least the representation selected by a user" INTRINSIC EVIDENCE: PROPOSED CONSTRUCTION: "visually displaying ... for selective viewing by a user during editing" INTRINSIC EVIDENCE: `839 - 6:537:9, 10:10-32; `705 FH - APBU 537. '705 FH ­ APBU 649 EXTRINSIC EVIDENCE: Webster's II New Riverside University Dictionary (1988). `995 6:23-52; 9:31-54; `839 8:30-33; "visually displaying ... for selective 9:64-10:9, 12:46-52. viewing by a user during editing" showing the portion of the EXTRINSIC EVIDENCE: representation selected by a user on a Expert testimony. screen or other visual display during editing. BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

839-28. A method as in claim 9 further comprising the steps of: selectively decompressing the stored digital time compressed representation of said digital audio/video source information; and visually displaying the selectively decompressed digital time compressed representation of said digital audio/video source information for selective viewing by a user. 839-44. A method as in claim 1 further comprising the step of recording the stored time compressed representation of said audio/video source information onto
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PROPOSED CONSTRUCTION: "recording ... onto a removable recording medium" ­ Not subject to §112 ¶6, and no construction required. Alternatively, "copying on

INTRINSIC EVIDENCE: `995 Fig. 2, 1:29-33, 1:51-53, 2:4-7, 2:13-17, 2:37-41, 3:38-4:16, 8:60-63, 9:4-30, 10:1-5, 10:29-36; `839 Fig. 3, 6:37-42, 8:30-33, 9:64-10:9, 10:60-

PROPOSED CONSTRUCTION: "recording ... onto a removable "recording ... onto a removable recording medium" - Limited to recording medium" structures disclosed under §112 ¶6: INTRINSIC EVIDENCE: `839 ­ Fig. 2 removable magnetic tape, removable 12

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE a removable recording medium. BURST'S PROPOSED CONSTRUCTION a storage medium that can be removed" 61 EXTRINSIC EVIDENCE: Modern Dictionary of Electronics (6th Ed. 1984) (definition for record); expert testimony. 839-45. A method as in claim 2 further comprising the step of recording the edited time compressed representation of said audio/video source information onto a removable recording medium. 839-46. A method as in claim 45 further comprising the step of visually displaying the time compressed representation of said audio/video source information stored on said removable recording medium for selective viewing by a user. 839-47. A method as in claim 17 further comprising the step of recording the time compressed representation of said audio/video source information onto a removable recording medium. 839-48. A method as in claim 20 further comprising the step of recording the edited decompressed time compressed representation of said audio/video source information onto a removable recording medium.
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BURST'S EVIDENCE

APPLE'S PROPOSED CONSTRUCTION magnetic disk, removable WORM optical disk, or removable erasable optical disk.

APPLE'S EVIDENCE & 3; 3:51-4:28; 9:37-10:10; 11:8-16 EXTRINSIC EVIDENCE: Webster's II New Riverside University Dictionary (1988)

13

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE 839-49. A method as in claim 1 further comprising the steps of: selectively decompressing the stored time compressed representation of said audio/video source information; and recording the selectively decompressed time compressed representation of said audio/video source information onto a removable recording medium. 839-50. A method as in claim 22 further comprising the steps of: recording the selectively decompressed time compressed representation of said audio/video source information onto a removable recording medium; and visually displaying the selectively decompressed time compressed representation of said audio/video source information for viewing by a user. 839-51. A method as in claim 9 wherein said digital audio/video source information is received from a CD-ROM. PROPOSED CONSTRUCTION: "CD-ROM" ­ Compact-Disc Read Only Memory" ­ AGREED (See Exhibit A to Joint Claim Construction Statement) PROPOSED CONSTRUCTION: "CD-ROM" - AGREED BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

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Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE 839-52. A method as in claim 9 wherein said digital audio/video source information is received from an erasable optical disk. BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "erasable optical disk" ­ "an optical disk storage medium that has read/write/erase capabilities" ­ AGREED (See Exhibit A to Joint Claim Construction Statement) BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "erasable optical disk" ­ AGREED APPLE'S EVIDENCE

839-58. A method as in claim 1 further comprising the steps of: selectively decompressing the stored time compressed representation of said audio/video source information; and recording the selectively decompressed stored time compressed representation of said audio/video source information onto a magnetic storage medium. 839-59. A method as in claim 22 further comprising the step of recording the selectively decompressed time compressed representation of said audio/video source information onto a magnetic recording medium. 839-73. A method for handling audio/video source information, the method comprising: receiving audio/video source information comprising a multiplicity of video frames in the form of one or more full motion
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PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION: audio/video source information: see `839 Patent, Claim 1 15

"audio/video source information" ­ See `995 claim 1. see `995 claim 1. EXTRINSIC EVIDENCE:

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE video programs; BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE Expert testimony. APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "multiplicity of video frames in the form of one or more full motion video programs" ­ No construction necessary. Alternatively, "movies and other video materials represented by multiple images in a temporal sequence and providing the sense of motion when viewed sequentially"

INTRINSIC EVIDENCE: `995 1:14-18, 4:28-54, 5:9-18, 6:3048; `839 1:21-24. `705 PH: 5/26/98 OAR at 15-16 and claims. EXTRINSIC EVIDENCE: multiplicity: see `839 Patent, Claim 19 "video frames" "video frames" - individual images intended to be displayed in sequence. INTRINSIC EVIDENCE: `839 - 4:64-5:2; `932 FH - APBU 234. EXTRINSIC EVIDENCE: McGraw-Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989). "[at least one] full motion video program" INTRINSIC EVIDENCE: 839 - 4:64-5:2; `705 FH - APBU 652; `932 FH APBU 234 EXTRINSIC EVIDENCE: Claim Construction Order in Burst.com v. Microsoft; Burst's Claim Construction Briefing in Burst.com v. Microsoft; Webster's II New Riverside University Dictionary (1988).

Modern Dictionary of Electronics (6th Ed. 1984) (definition for frame); "[at least one] full motion video expert testimony. program" - an entire audio/video program made of video frames that are displayed in sequence to make a moving picture.

compressing said received PROPOSED CONSTRUCTION: audio/video source information into a See `995 claim 1 for all terms. time compressed representation thereof having an associated burst time period that is shorter than a time period associated with a real
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INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1.

PROPOSED CONSTRUCTION: source information: see `839 Patent, Claim 1 time compressed representation: 16

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE time representation of said received audio/video source information; BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION see `839 Patent, Claim 1 having an associated burst time period ... : see `839 Patent, Claim 1 storing the time compressed representation of said received audio/video source information; and transmitting, over a microwave channel, in said burst time period, the stored time compressed representation of said received audio/video source information to a selected destination. PROPOSED CONSTRUCTION: "transmitting" ­ see above. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above. PROPOSED CONSTRUCTION: "in said burst time period" ­ see `995 claim 1 ("in a time period that is shorter than the time required for normal playback"). INTRINSIC EVIDENCE: See `995 claim 1; see also `839 Figs. in said burst time period: see `839 3 & 4, 11:48-12:11, 12:25-27, 12:38- Patent, Claim 1 45. EXTRINSIC EVIDENCE: Expert testimony. PROPOSED CONSTRUCTION: "transmitting . . . to a selected destination" - see above. 839-76. A method for handling audio/video source information, the method comprising: PROPOSED CONSTRUCTION: See `995 claim 1. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: Expert testimony. receiving audio/video source information comprising a
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APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: transmitting: see `839 patent, Claim 1

PROPOSED CONSTRUCTION: source information: see `839 Patent, Claim 1

PROPOSED CONSTRUCTION: "audio/video source information" -

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION: source information: see `839 Patent, 17

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE multiplicity of video frames in the form of one or more full motion video programs; BURST'S PROPOSED CONSTRUCTION See `995 claim 1. BURST'S EVIDENCE See `995 claim 1. EXTRINSIC EVIDENCE: Expert testimony. multiplicity: see `839 Patent, Claim 19 video frames: see `839 Patent, Claim 73 full motion video program: see `839 Patent, Claim 73 APPLE'S PROPOSED CONSTRUCTION Claim 1 APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: "multiplicity of video frames in the INTRINSIC EVIDENCE: form of one or more full motion See above. video programs" ­ see Burst's EXTRINSIC EVIDENCE: construction for claim 73 See above. compressing said received PROPOSED CONSTRUCTION: audio/video source information into a See `995 claim 1. time compressed representation thereof having an associated burst time period that is shorter than a time period associated with a real time representation of said received audio/video source information; storing the time compressed representation of said received audio/video source information on one or more magnetic disks; and transmitting, in said burst time period, the stored time compressed representation of said received audio/video source information to a
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INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1.

PROPOSED CONSTRUCTION: time compressed representation: see `839 Patent, Claim 1 having an associated burst time period: see `839 Patent, Claim 1

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION:

"in said burst time period" ­ see See `995 claim 1; see also `839 Figs. transmitting: see `839 patent, Claim `995 claim 1 ("in a time period that is 3 & 4, 11:48-12:11, 12:25-27, 12:38- 1 shorter than the time required for 45. 18

Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE selected destination. BURST'S PROPOSED CONSTRUCTION normal playback"). BURST'S EVIDENCE EXTRINSIC EVIDENCE: Expert testimony. PROPOSED CONSTRUCTION: "transmitting . . . to a selected destination" ­ see above. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above. 839-77. A method for handling audio/video source information, the method comprising: receiving audio/video source information as a time compressed digital representation thereof, said audio/video source information comprising a multiplicity of video frames in the form of one or more full motion video programs selected from a video library storing a multiplicity of full motion video programs in a time compressed digital representation thereof for selective retrieval, said time compressed digital representation of the received audio/video source information being received in an associated burst time period that is shorter than a time period with a real time representation of said received audio/video source information; PROPOSED CONSTRUCTION: INTRINSIC EVIDENCE: PROPOSED CONSTRUCTION: source information: see `839 Patent, Claim 1 PROPOSED CONSTRUCTION: source information: see `839 Patent, Claim 1 "audio/video source information" ­ See `995 claim 1. see `995 claim 1. EXTRINSIC EVIDENCE: Expert testimony. PROPOSED CONSTRUCTION: "time compressed digital representation . . . being received in an associated burst time period that is shorter than a time period with a real time representation" ­ "a digital 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, 4:1927, 4:63-5:35, 5:59-60, 7:55-8:2; 9:12-15, 9:25-26; see also `839 Figs. 3 & 4, 11:48-12:11, 12:25-27, 12:3845. time compressed representation: see `839 Patent, Claim 1 APPLE'S PROPOSED CONSTRUCTION in said burst time period: see `839 Patent, Claim 1 APPLE'S EVIDENCE

being received over an associated burst time period: see `839 Patent, `705 PH: 5/26/98 OAR at 11, 13, 15- Claim 17 16 and claims. \ EXTRINSIC EVIDENCE: Expert testimony.

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Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE BURST'S PROPOSED CONSTRUCTION BURST'S EVIDENCE APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE: multiplicity: see `839 Patent, Claim 19 video frames: see `839 Patent, Claim 73 full motion video program: see `839 Patent, Claim 73

"multiplicity of video frames in the See above. form of one or more full motion EXTRINSIC EVIDENCE: video programs" - see above. See above.

storing the time compressed digital representation of said received audio/video source information; and transmitting, in said burst time PROPOSED CONSTRUCTION: period, the stored time compressed "transmitting" ­ see above. digital representation of said received audio/video source information to a selected destination. PROPOSED CONSTRUCTION: "in said burst time period" ­ see `995 claim 1 ("in a time period that is shorter than the time required for normal playback"). INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above. INTRINSIC EVIDENCE: See `995 claim 1; see also `839 Figs. in said burst time period: see `839 3 & 4, 11:48-12:11, 12:25-27, 12:38- Patent, Claim 1 45. EXTRINSIC EVIDENCE: Expert testimony. PROPOSED CONSTRUCTION: transmitting: see `839 patent, Claim 1

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Claim Chart for US Patent 5,164,839 CLAIM LANGUAGE BURST'S PROPOSED CONSTRUCTION PROPOSED CONSTRUCTION: "transmitting . . . to a selected destination" ­ see above. BURST'S EVIDENCE INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above. APPLE'S PROPOSED CONSTRUCTION APPLE'S EVIDENCE

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