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 5,995,705 CLAIM LANGUAGE 705-1. An audio/video transceiver apparatus comprising: BURST'S CLAIM CONSTRUCTION PROPOSED CONSTRUCTION: "transceiver apparatus" ­ see `995 claim 1 ­ AGREED INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1. 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. "multiplicity": see `839 Patent, Claim 19. BURST'S EVIDENCE APPLE' CLAIM CONSTRUCTION PROPOSED CONSTRUCTION: "transceiver": see `995 Patent, Claim 1 ­ AGREED PROPOSED CONSTRUCTION: "audio/video source information: see `839 Patent, Claim 1.

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION: input means for receiving audio/video source information, "audio/video source information"said audio/video source information see `995 claim 1 comprising a multiplicity of video frames collectively representing at least one full motion video program; "multiplicity" ­ No construction necessary. Alternatively, "a large number."

"multiplicity of video frames in the INTRINSIC EVIDENCE: form of one or more full motion See `839 claim 73. video programs" ­ see `839 claim EXTRINSIC EVIDENCE: 73. See `839 claim 73. INTRINSIC EVIDENCE: "input means for receiving audio/video source information" ­ See `995 claim 1; see also `839 Figs. see `995 claim 1. 3 & 4, 2:38, 2:52-58, 11:24-28, 11:48-12:11, 12:25-27, 12:38-45.
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"video frames": see `839 Patent, Claim 73.

"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 digital input port 17, fiber optic port

"input means for receiving audio/visual source information" INTRINSIC EVIDENCE: `705-7:12-17; 7:35-40; 7:45-47; 7:57-66; 9:4-8; 11:21-23; 11:26-51; Figs. 2-3 and
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CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION

BURST'S EVIDENCE EXTRINSIC EVIDENCE: See `995 claim 1.

APPLE' CLAIM CONSTRUCTION 18, auxiliary analog audio and digital input ports, point-to-point microwave transceiver, or satellite transceiver.

APPLE'S EVIDENCE associated text. 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 digital time compressed representation thereof, wherein said digital time compressed representation of said audio/video source information is capable of being transmitted in a burst transmission time period that is substantially shorter than a time period associated with real time viewing by a receiver of said audio/video source information;

PROPOSED CONSTRUCTION: "audio/video source information" ­ see `995 claim 1

INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1.

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

"digital" ­ see `839 claim 8 ­ AGREED

"compression means" ­ see `995 claim 1

INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1.

"compression means...for compressing said audio/video source information...: see `995 Patent, Claim 1.

"compressing said audio/video source information" ­ see `995 claim 1.

INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1.

INTRINSIC EVIDENCE: "digital time compressed representation . . . capable of being `995 1:34-37, 1:53-57, 2:46-51, transmitted in a burst transmission 7:60-66, 10:28-31; `839 2:52-58,
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"is capable of being transmitted in "is capable of being transmitted in a burst transmission time period a burst transmission time period that is substantially shorter than a 2

CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION time period that is substantially shorter than a time period associated with real time viewing" ­ "a digital 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 substantially shorter than the time required for normal playback"

BURST'S EVIDENCE 8:18-20, 10:6-9, 11:28-32, 11:5112:10, 12:23-27; 839 2:52-58, 8:1820, 10:6-9, 11:28-32, 11:51-12:10, 12:23-27.

APPLE' CLAIM CONSTRUCTION

APPLE'S EVIDENCE that is substantially shorter than a time period associated with real time viewing" 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. "storage means...for storing said digital time compressed representation..." INTRINSIC EVIDENCE: `705-6:16-29; Figs. 2-3 and associated text EXTRINSIC EVIDENCE: Burst's claim construction briefing in Burst v. Microsoft; expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th 3

time period associated with real time viewing" - the time compressed representation is such that it is known at the time of compression `705 PH: 5/26/98 OAR at 11, 13, 15- that it is capable of being transmitted in a burst time period of definite 16 and claims. duration that is substantially shorter EXTRINSIC EVIDENCE: than the time required to play the representation in real time. Expert testimony.

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

PROPOSED CONSTRUCTION: "storage means" ­ Apple did not previously identify this term. Not subject to §112 ¶6, and no construction necessary. Alternatively, "a medium in which data is retained for subsequent retrieval"

INTRINSIC EVIDENCE: `995 Abstract, Fig. 2, 1:29-33, 2:1317, 2:59-62, 3:32, 4:13-16, 4:22-23, 5:27, 5:36-45, 6:8-17, 6:20-22, 9:1226, 9:33-43, 9:55-61, 10:1-5, 10:921; `839 Abstract, Figs. 3 & 4, 6:3742, 8:30-33, 9:65-10:11, 11:29-35, 11:66-12:4, 12:23-25, 12:38-40. EXTRINSIC EVIDENCE: Modern Dictionary of Electronics (6th Ed. 1984) and IEEE Standard Dictionary of Electrical and

PROPOSED CONSTRUCTION: "storage means...for storing said digital time compressed representation..." - Limited to structures disclosed under §112 ¶6: DRAM, SRAM, CMOS memory, optical disc memory, bubble memory, magnetic disk, or digital paper.

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CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION

BURST'S EVIDENCE Electronics Terms (4 Ed. 1988) (definit io n for storage); expert testimony.
th

APPLE' CLAIM CONSTRUCTION

APPLE'S EVIDENCE ed. (1989).

transmission means, coupled to said storage means, for transmitting said digital time compressed representation of said audio/video source information away from said audio/video transceiver apparatus in said burst transmission time period.

PROPOSED CONSTRUCTION: "transmission means" - Subject to §112 ¶6: "an audio/video transmitter/receiver such as a modem, a fiber optic transceiver, microwave transceiver, satellite transceiver, plus equivalents"

INTRINSIC EVIDENCE: `995 Abstract, Fig. 2, 1:34-37, 1:5056, 2:46-51, 3:28-37, 7:32-8:6, 8:2023, 8:29-57, 9:55-68, 10:6-13; `839 Figs. 3 & 4, 2:38, 2:52-58, 8:18-20, 11:24-28, 11:48-12:11, 12:25-27, 12:38-45. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: "transmission means...for transmitting...away from said audio/video transceiver apparatus in said burst transmission time period" - Limited to structures disclosed under §112 ¶6: fiber optic port 18, point-to-point microwave transceiver, or satellite transceiver. "transmission means...for transmitting...away from said audio/video transceiver apparatus in said burst transmission time period" INTRINSIC EVIDENCE: `705-7:57-8:7, 11:24-51 EXTRINSIC EVIDENCE: Expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

"transmitting . . . away" ­ "sending INTRINSIC EVIDENCE: to an external device capable of See `995 claim 1; see also `839 Figs. playback" 3 & 4, 11:28-32, 11:48-12: 45. EXTRINSIC EVIDENCE: See `995 claim 1. 705-2. The audio/video transceiver PROPOSED CONSTRUCTION: apparatus of claim 1, further "editing means" ­ see `995 claim 2. comprising editing means, coupled to said storage means, for editing the digital time compressed representation of said audio/video source information stored in said storage means and for storing the edited digital time compressed representation of said audio/video source information in said storage means. 705-3. The audio/video transceiver
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INTRINSIC EVIDENCE: See `995 claim 2; see also `839 12:46-52. EXTRINSIC EVIDENCE: See `995 claim 2.

PROPOSED CONSTRUCTION: "editing means... for editing the digital time compressed representation...and for storing...": see `995 Patent, Claim 20.

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION:

"transmission means...configured 4

CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION

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

APPLE' CLAIM CONSTRUCTION "transmission means...configured to receive the edited digital time compressed representation..." Limited to structures disclosed under §112 ¶6: fiber optic port 18, point-topoint microwave transceiver, or satellite transceiver.

APPLE'S EVIDENCE to receive the edited digital time compressed representation..." INTRINSIC EVIDENCE: `705-7:57-8:7; 11:3-7; 11:24-51; Figs. 2-3 and associated text EXTRINSIC EVIDENCE: Expert testimony; McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed. (1989).

apparatus of claim 2, wherein said "transmission means" ­ see above transmission means is configured to receive the edited digital time compressed representation of said audio/video source information and to transmit the edited digital time compressed representation of said audio/video source information away from said audio/video transceiver apparatus in said burst transmission time period. 705-12. A method for handling audio/video source information, the method comprising the steps of: receiving audio/video source PROPOSED CONSTRUCTION: information, said audio/video source "audio/video source information"information comprising a see `995 claim 1. multiplicity of video frames collectively constituting at least one full motion video program; "multiplicity" ­ see above.

INTRINSIC EVIDENCE: See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above.

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

"multiplicity": see `839 Patent, Claim 19.

"multiplicity of video frames collectively constituting at least one full motion video program" ­ see `839 claim 73. compressing the received audio/video source information into
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INTRINSIC EVIDENCE: See `839 claim 73. EXTRINSIC EVIDENCE: See `839 claim 73. INTRINSIC EVIDENCE:

"video frames": see `839 Patent, Claim 73.

PROPOSED CONSTRUCTION:

PROPOSED CONSTRUCTION: 5

CLAIM LANGUAGE a digital time compressed representation thereof, the digital time compressed representation of said audio/video source information having an associated burst transmission time period that is substantially shorter than a time period associated with real time viewing by a receiver of said audio/video source information;

BURST'S CLAIM CONSTRUCTION "audio/video source information" ­ see `995 claim 1.

BURST'S EVIDENCE See `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1.

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

APPLE'S EVIDENCE

"digital" ­ see `995 claim 8 ­ AGREED INTRINSIC EVIDENCE: "compressing the received audio/video source information" ­ See `839 claim 1. see `839 claim 1. EXTRINSIC EVIDENCE: See `839 claim 1. "digital time compressed representation . . . having an associated burst transmission time period that is substantially shorter than a time period associated with real time viewing" ­ "a digital 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 substantially shorter than the time required for normal playback" INTRINSIC EVIDENCE: `995 1:34-37, 1:53-57, 2:46-51, 7:60-66, 10:28-31; `839 2:52-58, 8:18-20, 10:6-9, 11:28-32, 11:5112:10, 12:23-27; 839 2:52-58, 8:1820, 10:6-9, 11:28-32, 11:51-12:10, 12:23-27. `705 PH: 5/26/98 OAR at 11, 13, 1516 and claims. EXTRINSIC EVIDENCE: Expert testimony. "time compressed representation:" see `839 Patent, Claim 1. "having an associated burst time period": see `839 Patent, Claim 1.

storing the digital time compressed representation of said audio/video source information; and PROPOSED CONSTRUCTION: transmitting, in said burst transmission time period, the stored "transmitting...to a selected digital time compressed destination" ­ see `839 claim 1.
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INTRINSIC EVIDENCE: See `839 claim 1.

PROPOSED CONSTRUCTION: "transmitting": see `839 Patent, Claim 1. 6

CLAIM LANGUAGE representation of said audio/video source information to a selected destination. 705-13. The method of claim 12, further comprising the steps of: editing the stored time compressed representation of said audio/video source information; and storing the edited time compressed representation of said audio/video source information. 705-21. A method for handling audio/video source information, the method comprising the steps of: receiving audio/video source information as a digital time compressed representation thereof, said audio/video source information comprising a multiplicity of video frames collectively constituting at least one full motion video program selected from a video library storing a plurality of video programs in a digital time compressed representation thereof for selective retrieval;

BURST'S CLAIM CONSTRUCTION

BURST'S EVIDENCE EXTRINSIC EVIDENCE: See `839 claim 1.

APPLE' CLAIM CONSTRUCTION

APPLE'S EVIDENCE

PROPOSED CONSTRUCTION:

INTRINSIC EVIDENCE:

PROPOSED CONSTRUCTION: "audio/video source information": see `839 Patent, Claim 1. "video library": see `839 Patent, Claim 19.

"audio/video source information"- See `995 claim 1. see `995 claim 1. EXTRINSIC EVIDENCE: See `995 claim 1. "digital" ­ see `839 claim 8 ­ AGREED "multiplicity" ­ see above. INTRINSIC EVIDENCE: See above. EXTRINSIC EVIDENCE: See above.

"multiplicity": see `839 Patent, Claim 19.

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CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION "digital time compressed representation" ­ "a digital version of audio/video source information having a reduced number of bits."

BURST'S EVIDENCE INTRINSIC EVIDENCE: `995 1:34-37, 1:53-57, 2:46-51, 7:60-66, 10:28-31; `839 2:52-58, 8:18-20, 10:6-9, 11:28-32, 11:5112:10, 12:23-27; 839 2:52-58, 8:1820, 10:6-9, 11:28-32, 11:51-12:10, 12:23-27. `705 PH: 5/26/98 OAR at 11, 13, 1516 and claims. EXTRINSIC EVIDENCE: Expert testimony.

APPLE' CLAIM CONSTRUCTION "time compressed representation": see `839 Patent, Claim 1.

APPLE'S EVIDENCE

"multiplicity of video frames collectively constituting at least one full motion video program" ­ see `839 claim 73.

"video frames": see `839 Patent, Claim 73.

INTRINSIC EVIDENCE: See `839 claim 73. EXTRINSIC EVIDENCE: See `839 claim 73.

said at least one video program being received by a receiver in a burst transmission time period that is substantially shorter than a time period associated with real-time viewing by a receiver of said at least one video program;

PROPOSED CONSTRUCTION: "being received . . . in a burst transmission time period that is substantially shorter than a time period associated with real-time viewing" ­ "being received . . . over an external communications link in a time period that is substantially shorter than the time required for normal playback."

INTRINSIC EVIDENCE: `995 1:34-37, 1:53-57, 2:46-51, 7:60-66, 10:28-31; `839 2:52-58, 8:18-20, 10:6-9, 11:28-32, 11:5112:10, 12:23-27; 839 2:52-58, 8:1820, 10:6-9, 11:28-32, 11:51-12:10, 12:23-27. `705 PH: 5/26/98 OAR at 11, 13, 1516 and claims. EXTRINSIC EVIDENCE: Expert testimony.

PROPOSED CONSTRUCTION: "being received ... in a burst transmission time period ..." ­ see `839 Patent, Claim 17.

storing the digital time compressed representation of said audio/video source information; and
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CLAIM LANGUAGE

BURST'S CLAIM CONSTRUCTION

BURST'S EVIDENCE INTRINSIC EVIDENCE: See `839 claim 1. EXTRINSIC EVIDENCE: See `839 claim 1. INTRINSIC EVIDENCE:

APPLE' CLAIM CONSTRUCTION PROPOSED CONSTRUCTION: "transmitting": see `839 patent, Claim 1

APPLE'S EVIDENCE

transmitting, in said burst PROPOSED CONSTRUCTION: transmission time period, the stored "transmitting" ­ see `839 claim 1. digital time compressed representation of said 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").

See `995 claim 1; see also `839 Figs. "in said burst time period": see 3 & 4, 11:48-12:11, 12:25-27, 12:38- `839 Patent, Claim 1. 45. EXTRINSIC EVIDENCE: See `995 claim 1.

PROPOSED CONSTRUCTION: "transmitting . . . to a selected destination" ­ see `839 claim 1.

INTRINSIC EVIDENCE: See `839 claim 1. EXTRINSIC EVIDENCE: See `839 claim 1.

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