Mformation Technologies, Inc. v. Research in Motion Limited et al

Filing 645

ORDER FOR ADDITIONAL BRIEFING REGARDING CLAIM 1 OF THE '917 PATENT. Signed by Judge James Ware on 8/31/11. (sis, COURT STAFF) (Filed on 8/31/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 08-04990 JW

Mformation Technologies, Inc.,

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ORDER FOR ADDITIONAL BRIEFING
REGARDING CLAIM 1 OF THE ‘917
PATENT

Plaintiff,
v.

For the Northern District of California

United States District Court

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Research in Motion Limited, et al.,
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Defendants.
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Presently before the Court are the parties’ various Motions for Summary Judgment. Among

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the Motions for the Court to adjudicate are Plaintiff’s Motion for Summary Judgment of No

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Anticipation Under 35 U.S.C. § 1021 and Defendants’ Motion for Summary Judgment that U.S. Pat.

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No. 6,970,917 is not Entitled to Claim Priority to U.S. Prov. Pat. Appl. 60/251,034 and that Claim 1

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of the ‘917 Patent is Invalid Under 35 U.S.C. § 102.2 Both of these Motions address the patent-in-

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suit, U.S. Patent No. 6,970,917 (“the ‘917 Patent”). The ‘917 Patent pertains to a method, system

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and computer program for remote control and management of wireless devices.

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Claim 1 of the ‘917 Patent provides:

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A method for remotely managing a wireless device over a wireless network
comprising a server and the wireless device, the wireless network operable to
communicatively connect the server and the wireless device, the method
comprising the steps of:

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transmitting registration information relating to the wireless device from the
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(Docket Item No. 547.)

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(Docket Item No. 565.)

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wireless device to the server;

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verifying the registration information at the server; and

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without a request from the wireless device, performing the steps of:
establishing a mailbox for the wireless device at the server,
placing a command for the wireless device in the mailbox at the
server,
delivering the command from the mailbox at the server to the
wireless device by establishing a connection between the wireless
device and the server, transmitting the contents of the mailbox from
the server to the wireless device, and accepting the contents of the
mailbox at the wireless device, and
executing the command at the wireless device;

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wherein the connection is established based on a threshold condition.
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(‘917 Patent, Col. 7:22-44 (emphasis added).)
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No. 127.) The parties did not ask the Court to construe the step “without a request from the wireless
For the Northern District of California

United States District Court

On February 25, 2010, the Court issued its First Claim Construction Order. (Docket Item
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device.” Upon review of the parties’ Motions, the Court now finds it necessary to construe this
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phrase.
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Accordingly, the Court ORDERS the parties to submit additional briefing setting forth their
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respective proposed definitions of the phrase “without a request from the wireless device” in Claim
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1 of the ‘917 Patent. The parties shall file their simultaneous briefs, numbering not more than ten
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pages, on or before September 7, 2011. Upon receipt of the parties’ briefs, the Court will determine
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whether a hearing on the issue is necessary.
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Dated: August 31, 2011
JAMES WARE
United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Aaron D. Charfoos [e-mail]
Allen A. Arntsen [e-mail]
Amardeep Lal Thakur [e-mail]
Christopher R. Liro [e-mail]
Eugene Goryunov [e-mail]
Jessica Christine Kaiser [e-mail]
Justin E. Gray [e-mail]
Linda S. DeBruin [e-mail]
Lisa Marie Noller [e-mail]
Marc Howard Cohen [e-mail]
Maria A. Maras [e-mail]
Meredith Zinanni [e-mail]
Michael Anthony Parks [e-mail]
Michael Daley Karson [e-mail]
Michael S Feldberg [e-mail]
Shawn Edward McDonald [e-mail]
Tiffany Patrice Cunningham [e-mail]

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Dated: August 31, 2011
For the Northern District of California

United States District Court

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Richard W. Wieking, Clerk

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy