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 5,057,932 CLAIM LANGUAGE 932-4. An audio/video transceiver apparatus comprising: input means for receiving audio/video source information, said audio/video source information comprising a multiplicity of video frames in the form of one or more full motion video programs; BURST'S CLAIM CONSTRUCTION PROPOSED CONSTRUCTION: "transceiver apparatus" ­ see `995 claim 1 ­ AGREED PROPOSED CONSTRUCTION: INTRINSIC EVIDENCE: PROPOSED CONSTRUCTION: "audio/video source information": see `839 Patent, Claim 1 "audio/video source information"- See `995 claim 1. see `995 claim 1 EXTRINSIC EVIDENCE: See `995 claim 1. PROPOSED CONSTRUCTION: "multiplicity" ­ No construction necessary. Alternatively, "a large number." 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. PROPOSED CONSTRUCTION: INTRINSIC EVIDENCE: multiplicity: see `839 Patent, Claim 19 BURST'S EVIDENCE APPLE' CLAIM CONSTRUCTION

APPLE'S EVIDENCE

"multiplicity of video frames in the See `839 claim 73. form of one or more full motion EXTRINSIC EVIDENCE: video programs" ­ see `839 claim See `839 claim 73. 73. PROPOSED CONSTRUCTION: INTRINSIC EVIDENCE:

video frames: see `839 Patent, Claim 73 full motion video programs: see `839 Patent, Claim 73 "input means for receiving audio/visual source information" INTRINSIC EVIDENCE: `932-11:5312:11; Figs. 2-3 and associated text;
Doc. 59 Att. 4

"input means for receiving See '995 claim 1; see also `839 Figs. audio/visual source information" "input means for receiving audio/video source information" ­ 3 & 4, 2:38, 2:52-58, 11:24-28, Limited to structures disclosed under see `995 claim 1 11:48-12:11, 12:25-27, 12:38-45. §112 ¶6: point-to-point microwave
4408-v1/1011.0010

Dockets.Justia.com

CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION

BURST'S EVIDENCE EXTRINSIC EVIDENCE: Expert testimony.

APPLE' CLAIM CONSTRUCTION transceiver, or satellite transceiver.

APPLE'S EVIDENCE `932 FH-APBU 200; 212; 216-17; 231-34 EXTRINSIC EVIDENCE: Burst's claim construction briefing in Burst 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: "compression means" ­ see `995 claim 1

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 time period ....": see `839 Patent, Claim 1.

For all other terms, see `995 claim 1. compression means...for compressing said audio/video source information...: see `995 Patent, Claim 1 PROPOSED CONSTRUCTION: "random access storage means" ­ see `995 claim 1. INTRINSIC EVIDENCE: See `995 claim 1; see also `839 Fig. 4; 6:37-42; 12:23-27. EXTRINSIC EVIDENCE: See `995 claim 1. PROPOSED CONSTRUCTION: "random access storage means...for storing the time compressed representation... said random access storage means comprising one or magnetic disks" - magnetic disk. "random access storage means...for storing the time compressed representation... said random access storage means comprising one or magnetic disks" INTRINSIC EVIDENCE: `932-6:28-42; Figs. 2-3 and associated text EXTRINSIC EVIDENCE: Burst's claim construction briefing in Burst 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, said random access storage means comprising one or magnetic disks; and

4408-v1/1011.0010

2

CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION

BURST'S EVIDENCE

APPLE' CLAIM CONSTRUCTION

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

output means, coupled to said PROPOSED CONSTRUCTION: random access storage means, for "output means" ­ see `995 claim 1 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: "the time compressed representation of said 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"

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION: "output means...for receiving... [and] for transmission away from said audio/video transceiver apparatus" INTRINSIC EVIDENCE: `932-11:5112:11; Figs. 2-3 and associated text; `932 FH-APBU 200; 212; 216-17; 231-34 EXTRINSIC EVIDENCE: Burst's claim construction briefing in Burst v. Microsoft; expert testimony.

See `995 claim 1; see also `839 Figs. "output means...for receiving... 3 & 4, 2:38, 2:52-58, 11:24-28, [and] for transmission away from 11:48-12:11, 12:25-27, 12:38-45. said audio/video transceiver apparatus" - Limited to structures EXTRINSIC EVIDENCE: disclosed under §112 ¶6: point-toSee `995 claim 1. point microwave transceiver, or satellite transceiver. INTRINSIC EVIDENCE: See `995 claim 1; see also `839 Figs. 3 & 4, 11:28-32, 11:48-12: 45. EXTRINSIC EVIDENCE: See `995 claim 1.

4408-v1/1011.0010

3