Motorola Mobility, Inc. v. Microsoft Corporation

Filing 123

MOTION on Opening Claim Construction Brief by Motorola Mobility, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit C, #4 Exhibit Part 1 of 18 to Affidavit C, #5 Exhibit Part 2 of 18 to Affidavit C, #6 Exhibit Part 3 of 18 to Affidavit C, #7 Exhibit Part 4a of 18 to Affidavit C, #8 Exhibit Part 4b of 18 to Affidavit C, #9 Exhibit Part 5 of 18 to Affidavit C, #10 Exhibit Part 6 of 18 to Affidavit C, #11 Exhibit Part 7 of 18 to Affidavit C, #12 Exhibit Part 8 of 18 to Affidavit C, #13 Exhibit Part 9 of 18 to Affidavit C, #14 Exhibit Part 10 of 18 to Affidavit C, #15 Exhibit Part 11 of 18 to Affidavit C, #16 Exhibit Part 12 of 18 to Affidavit C, #17 Exhibit Part 13 of 18 to Affidavit C, #18 Exhibit Part 14 of 18 to Affidavit C, #19 Exhibit Part 15 of 18 to Affidavit C, #20 Exhibit Part 16 of 18 to Affidavit C, #21 Exhibit Part 17 of 18 to Affidavit C, #22 Exhibit Part 18 of 18 to Affidavit C)(Mullins, Edward) Modified to re-docket, see 134 on 7/22/2011 (asl).

TAB A

Motorola Patent No. 6,272,333
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Microsoft term: “data”

12

Digital information

Microsoft term:
“controlling a delivery of data”

12

Managing whether and when data is
delivered

Microsoft term:
“fixed portion of [a/the] wireless
communication system”

12

The stationary portion of the wireless
communication system that includes
base stations and a controller

Information to be processed by an
application, not an application or a
software update for an application
delivering data only after checking in the
fixed portion whether an application
compatible with the data is accessible to
the subscriber unit
the stationary portion of the wireless
communication system that includes
base stations and a controller that
controls the base stations, as distinct
from the portable portion that includes
subscriber units, or the public network
portion that includes telephones or
computers that originate data messages

Motorola term: “subscriber unit” 12-13

A portable device for use in a wireless
communication system

a device that can receive data from the
fixed portion of the wireless
communication system

Motorola term:
12-13
“application registry comprising a
list of all software applications that
are currently accessible to the
subscriber unit”

A portion of memory that includes a list
of all software applications that are
immediately available for use by the
subscriber unit

one official list of all applications
currently accessible to the subscriber
unit, including applications that can be
downloaded over the air

2

Motorola Patent No. 6,408,176
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Microsoft term:

1,8,11

See constructions for “extracts /
extracting / extraction” and “callerrelated information”

“To select and remove the spoken
words that relate to the caller (e.g. a
telephone number) from the remainder
of the stored voice mail message to
produce caller-related information in
voice format.”

1,8,11

The operation of “extracts”;
“extracting”; “extraction” of callerrelated information and the operation of
“converts” / “converting” /
“conversion” of caller-related
information may take place in any order
in accordance with known speechrecognition techniques.

The functional operation (Claim 1 extracts caller-relation
information/(Claim 8 - extracting the
caller-related information/Claim 11extraction from stored voice mail) is
performed prior to the functional step
(Claim 1 - converts the caller-related
information from the voice format to an
alpha-numeric string format/Claim 8 converting the caller-related information
from a voice format into an alphanumeric-string format/Claim 11 - callerrelated information in an alpha-numeric
string format resulting from a voice-toalphanumeric-string-format conversion).

“extracts the caller-related
information from the stored voice
mail” / “extracting the caller-related
information from the stored voice
mail” / “receiving the caller-related
information ... after extraction from
stored voice mail”
Microsoft term:
Order of the functional operation
(Claim 1 -extracts caller-relation
information/(Claim 8 - extracting
the caller-related information/Claim
11 - extraction from stored voice
mail) and the functional step (Claim
1 - converts the caller-related
information from the voice format
to an alphanumeric string
format/Claim 8-converting the
caller-related information from a
voice format into an alpha-numericstring format/Claim 11 - callerrelated information in an alphanumeric string format resulting from
a voice-to-alphanumeric-string-

3

format conversion).
Microsoft term:

1

Communication system infrastructure
component.

A telecommunication equipment
installation that routes voice calls
between the communication, target and
voice mail devices and routes data
between the converter and the
communication devices.

11

This element requires no construction
and should be accorded its plain and
ordinary meaning.

The communication system
infrastructure is receiving a request from
the communication unit.

Motorola term: “caller-related
information”

1,8,11

Information provided by a caller in a
stored audio message.

Information present in a stored voice
mail that enables a communication
device to initiate a communication to a
target device.

Motorola term:

1,8,11

Selecting.

To select and remove from a group of
items those which meet specific criteria.

“fixed network equipment”

Microsoft term:
“receiving a request from a user of
the communication unit”

“extracts” / “extracting” /
“extraction”

4

Motorola Patent No. 6,983,370
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Motorola term: “messaging
session”

22, 29, 36, 42,
46, 59

A session of real time electronic
messaging, between two or more
messaging clients.

An active communication connection
during which there is a transfer of
electronic messages between two or
more communicating devices with a
defined beginning and end.

Motorola term:

2, 6, 9, 10, 11,
12, 13, 18, 19,
20, 29, 33, 42,
45, 59

See construction for “for providing
continuity.”

Indefinite.

“for providing continuity”

1, 6, 9, 10, 11,
12, 13, 15, 18,
19, 20, 22, 29,
33, 36, 42, 45,
46, 50, 59

Allowing an account user to continue at Indefinite.
least one messaging session on different
messaging clients.

Motorola term: “session data”

22, 29, 33

Data relating to one or more of the
messaging sessions in which the
account user is participating, has
previously participated, or plans to
participate, using the messaging client.

Data relating to each of the plurality of
messaging sessions for which the
account user is currently participating,
has previously participated, or plans to
participate in.

Microsoft term:

46

This element requires no construction
and should be accorded its plain and
ordinary meaning.

Indefinite.

“providing continuity between a
plurality of messaging clients”
Microsoft term:

“adding the second messaging
client to the at least one messaging
session using the session identifier”

If this element is construed, it should

5

Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

be given the following meaning:
“using the session identifier to allow the
second messaging client to participate
in the at least one messaging session.”
Microsoft terms:

59

“transfer the at least one messaging
session from the first messaging
client to the second messaging
client using the session identifier”

This element requires no construction
and should be accorded its plain and
ordinary meaning.

Indefinite.

If this element is construed, it should
be given the following meaning:
“Using the session identifier to transfer
the at least one messaging session from
the first messaging client to the second
messaging client.”

Microsoft term:
first / second messaging client

1, 2, 6, 9, 10,
11, 12, 15, 22,
36, 46, 50, 51,
52, 54, 59, 61

First client software to interface a user’s Client application operating on a
device within a messaging
messaging device that includes software
communication system
capability for transferring client data to
and receiving client data from at least
Second client software to interface a
one other messaging client. The First
user’s device within a messaging
and Second Messaging Clients can be
communication system
operated by one or more account users.

Microsoft Means-Plus-Function
Term

50-52, 54

This element is not a means-plusfunction element that should be
construed according to 35 U.S.C. § 112,
¶ 6 because it recites sufficient structure
to perform the claimed function in its

“a first messaging client, for
establishing a first communication
connection including a plurality of

6

Indefinite.
Function: establishing a first
communication connection including a
plurality of client data with a message

Claim Term/
Identified By

Claims

Microsoft Proposed Construction

entirety.

server.

This element requires no construction
and should be accorded its plain and
ordinary meaning.

client data with a message server”

Motorola Proposed Construction

Structure: none.

The claims are indefinite for failing to
identify a structure capable of
To the extent that this element is
providing or maintaining continuity by
construed according to 35 U.S.C. § 112, “establishing a first communication
¶ 6:
connection including a plurality of
client data with a message server.”
Claimed function:
“establishing a first communication
connection including a plurality of client
data with a message server.”
Corresponding structure:
“first messaging client”
Microsoft Means-Plus-Function
term:
“a second messaging client for
receiving the plurality of client data
from the first messaging client and
for establishing a second
communication connection
including the plurality of client data
with the message server”

50-52, 54

This element is not a means-plusfunction element that should be
construed according to 35 U.S.C. §112,
¶ 6 because it recites sufficient structure
to perform the claimed function in its
entirety.
This element requires no construction
and should be accorded its plain and
ordinary meaning.
To the extent that this element is

7

Indefinite.
Function: receiving the plurality of
client data from the first messaging
client and for establishing a second
communication connection including
the plurality of client data with the
message server
Structure: none.
The claims are indefinite for failing to

Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

construed according to 35 U.S.C. §112, identify a structure capable of
¶ 6:
providing or maintaining continuity by
“receiving the plurality of client data
Claimed function:
from the first messaging client and for
establishing a second communication
“receiving the plurality of client data
connection including the plurality of
from the first messaging client, and
client data with the message server.”
establishing a second communication
connection including the plurality of
client data with the message server
Corresponding structure:
“second messaging client”
Motorola term: “client data”

1, 6, 9, 10, 13,
15, 18, 20, 36,
42, 45, 46, 50,
52, 54, 59

Motorola agrees with Microsoft’s
proposed construction.

8

Data associated with the messaging
client and data associated with each
messaging session for which die
messaging client is currently
participating, has participated in, or
plans to participate in.

Motorola Patent No. 5,784,001
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft proposed term:

1, 4, 6

The preamble is a limitation that should The preamble is limiting. All claim
be construed according to its plain and elements are a part of or performed on
ordinary meaning.
the mobile communication device
receiving the message.

“A method for displaying
messages in a data communication
receiver; A data communication
receiver for presenting
information”

9

Microsoft Proposed Construction

Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Microsoft proposed term:

1, 4, 6

This element requires no construction
and should be accorded its plain and
ordinary meaning.

Searching a particular database on the
data communication receiver to compare
each alphanumeric word parsed from
the message for a match between it and
the alphanumeric key words in the
database. Alphanumeric only includes
numbers and alphabet characters.

1, 4, 6

At least one image is displayed along
with a portion of, or the entire,
alphanumeric message.

At least one supplemental image is
displayed along with the entire
alphanumeric message.

1, 3, 4

A message that creates or modifies an
association between a key word and
image data.

A message, received by the receiver
separately from the alphanumeric
message, that includes a predetermined
programming word indicative of
programming information, a key word,
and an image associated with the key

“referencing a database to
determine whether at least one
word included in the alphanumeric
message matches at least one key
word included in the database” /
“determining whether at least one
word included in the alphanumeric
message matches at least one key
word included in the database” /
“determining whether at least one
alphanumeric word included in the
message matches at least one key
word included in the database”
Microsoft proposed term:
“graphic message that is
accompanied by the alphanumeric
message”/ “graphic message
accompanied by the alphanumeric
message”/ “graphic message
accompanied by the message”
Motorola proposed term:
“programming message”

10

Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction
word.

Microsoft proposed Means-PlusFunction term:

4

“programming means coupled to
the processor and to the database
for programming the database, the
programming means further
comprising: the receiver for
receiving a programming message
including a key word and image
data; a memory for storing a
programming word; and storing
means for storing the key word
and image data in the database in
response to determining that the
programming message includes
the programming word”

Microsoft proposed Means-PlusFunction term:
“storing means for storing the key
word and image data in the
database in response to
determining that the programming
message includes the

This element is not a means-plusfunction element that should be
construed according to 35 U.S.C. § 112,
¶ 6 because it recites sufficient structure
to perform the claimed function in its
entirety.
To the extent that this element is
construed according to 35 U.S.C. § 112:

Function: programming the database,
receiving a programming message
including a key word and image data,
storing a programming word, storing the
key word and image data in the database
in response to determining that the
programming message includes the
programming word

Structure: none.
Claimed function: “programming the
database”
The claim is indefinite for claiming
processor 120, programmed to perform
Corresponding structure: the
the function of “storing the key word
Receiver, the Decoder, the Memory, and and image data in the database in
a program for operating the Processor response to determining that the
according to the algorithm of Figure 13. programming message includes the
programming word” without disclosing
the internal structure of that processor in
the form of an algorithm.
4

This is a means-plus function element
Function: storing the key word and
that should be construed according to 35 image data in the database in response to
U.S.C. § 112, ¶ 6.
determining that the programming
message includes the programming word
Claimed function:
Structure: none.
“storing the key word and the image
data in the database in response to
The claim is indefinite for claiming
determining that the programming
processor 120, programmed to perform
11

Claim Term/
Identified By
programming word”

Claims

Motorola Proposed Construction
message includes the programming
word.”

Microsoft Proposed Construction

the function of “storing the key word
and image data in the database in
response to determining that the
Corresponding structure: A program for programming message includes the
operating the Processor according to
programming word” without disclosing
steps 360, 370, 375, and 380 of the
the internal structure of that processor in
algorithm of Fig. 13.
the form of an algorithm.

12

Motorola Patent No. 6,757,544
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Microsoft term:

1, 3, 9, 10

This element requires no construction
and should be accorded its plain and
ordinary meaning.

A geographic area that is determined by
the nature of the service request of a
user.

“general location information of
the location relevant to the user”

If this element is construed, it should
be given the following meaning:
“Information about the general area of
a location relevant to the user.”
Microsoft term:

1, 3

“specific location information of
the communication device”

This element requires no construction
and should be accorded its plain and
ordinary meaning.

“Location information input by the
user to indicate the location of the
communication device.”

If this element is construed, it should
be given the following meaning:
“Information about the specific
location of the communication device.”
Microsoft & Motorola term:
“determining the location relevant
to a user by comparing the list of
location parameters with the
specific location information”

1, 3

“Identifying the location relevant to the
user by selecting from the list of
location parameters based on the
specific location information.”

13

Determining the geographic location
that corresponds to the specific
location information by matching the
specific location information with a list
of location parameters to identify a
matching location parameter.

Motorola Patent No. 5,764,899
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft proposed term:

1

The preamble is not limiting and should The preamble is limiting. The term
be construed according to its plain and means “A system for transmitting or
ordinary meaning.
receiving the reply email composed on
the communication unit before
optimization.”

1

A computer or a program that operates
as an e-mail post office, which can
exchange data with the communication
server.

A system for communicating reply
data with a communication unit
comprising
Microsoft proposed term:
a host server, in communication
with the communication server
Microsoft proposed term: email; 1, 15, 18
e-mail

This element requires no construction
and should be accorded its plain and
ordinary meaning.

The host server and the communication
server are separate processing devices
(e.g., computers) transmitting to or
receiving from each other over a
network.

This element requires no construction
and should be accorded its plain and
ordinary meaning.

Microsoft proposed term:

Microsoft Proposed Construction

“forwarding” / “forward” /
“forwards” / “forwarded”

1, 14, 16, 17

A message, transmitted to a mailbox,
having text and header information used
for transmitting the text. The header
information includes at least the
If this element is construed, it should be recipient mailbox address and the author
given the following meaning:
address and may include other message
“electronic mail.”
attributes such as subject, date, and
priority level.

If this element is construed, it should be
given the following meaning:
“Forwarding from one computer or
program to another.”

14

Sending [send, sends, sent] from one
processing device (e.g., computer) to a
separate processing device (e.g.,
computer).

Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft proposed term:

14

This element requires no construction
and should be accorded its plain and
ordinary meaning.

a determination is made whether
to forward the optimized reply or
a replica reply

Microsoft Proposed Construction

A comparison is made at the
communication server whether to
forward the optimized reply or replica
reply based on the known parameters of
If this element is construed, it should be the target communication unit, such as
given the following meaning: “the
whether the target is served by the same
communication server decides whether communication server, was an original
to forward the optimized reply or the
addressee, or has deleted the original
replica reply.”
message.

15

Motorola Patent No. 5,502,839
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Motorola term:

9-14

A process which generates one or more
picture elements from user input.

a physical input device corresponding to a
virtual input device.

9-13, 22-23

“virtual input” means one or more picture “virtual input” is a device-independent
elements generated from user input.
abstraction of physical input represented
as one or more of a set of standard
“virtual output” means one or more
messages.
picture elements of a picture.
“virtual output” is a device-independent
abstraction of physical output represented
as one or more of a set of standard
messages.

9-12, 15-16,
18-21, 23

A device-independent abstraction of a
displayable object (e.g., line, text, etc.).

9-14

Function: performing processing
Function: performing processing
operations on virtual input and generating operations on said virtual input and
virtual output
generating virtual output

“source of virtual input”
Microsoft term:
“virtual output”; “virtual input”

Microsoft term:
“picture element comprising a
plurality of device independent
data structures in a predetermined,
standard data format, at least one
of said data structures comprising
a plurality of different data fields
each containing information
describing said picture element
Microsoft and Motorola MeansPlus -Function term:
“means for performing processing
operations on said virtual input

Corresponding structure: Console
16

An abstraction of a displayable object
made up of a collection of predefined,
standard device-independent data
structures, including at least a common
header data structure.

Structure: the operations performed by

Claim Term/
Identified By

Claims

and for generating virtual output”

Microsoft and Motorola MeansPlus -Function term:

“means for converting said virtual
output into at least one physical
output suitable for use by at least
one physical output device”

Microsoft Proposed Construction

Manager, which is any process that
the Console Manager process as explicitly
processes virtual input and, in response, defined at 44:6-34 and 5:20-46.
generates virtual output, as described, for
example, at least at FIGs. 8, 9, 12, 13;
Cols. 15:30-17:17; 24:49-26:24; 27:5-28:17;
29:65-30:48; 43:51-65; 44:6-34; 47-56.
9-14

9-14

Function: accepting virtual output

Function: accepting said virtual output

Corresponding structure: Picture
Manager, which is any process that accepts
virtual output as described, for example, at
least at FIGs. 8, 9, 12,14; Cols. 13:64-14:7;
16:4-56; 17:23-25; 17:63-18:23; 25:44-56;
30:51-33:5; 43:60-65; 44:35-39; 145-150.

“means for accepting said virtual
output”

Microsoft and Motorola MeansPlus -Function term:

Motorola Proposed Construction

Structure: the operations by which a
Picture Manager process receives and
processes incoming requests related to
picture elements, as explicitly defined at
17:23-25, 17:63-18:10, and 5:20-46.

Function: converting picture elements
Function: converting said virtual output
into output suitable for use by a particular into at least one physical output suitable
hardware device.
for use by at least one physical output
device
Corresponding structure: Output
Manager, which is any process that
Structure: the operations performed by
converts virtual output into physical
the Output Manager process as defined at
output suitable for use by a physical
19:32-20:64 and 5:20-46.
output device as described, for example, at
least at FIGs. 8, 9, 12, 14; Cols. 19:3220:64; 23:51-24:44; 25:33-43; 26:33-43;
43:58-65.

17

Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Motorola term:

10-11

A process that constructs a deviceindependent representation of a picture
using a set of related picture elements and
controls modification and retrieval of the
picture elements.

A process that constructs a deviceindependent representation of a picture
using a small set of elemental picture
elements and controls modification and
retrieval of these elements, as explicitly
defined at 17:23-25, 17:63-18:10, and 5:2046.

11

a process that maps a given picture (or
portion thereof) to a rectangular area of a
given size on a given screen (a “window”)
in virtual pixels, as explicitly defined at
22:53-24:11 and 5:20-46.

A process that maps a given picture (or
portion thereof) to a rectangular area of a
given size on a given screen (a “window”)
in virtual pixels, as explicitly defined at
22:53-24:11 and 5:20-46.

10

This element is not a means-plus-function
element that should be construed
according to 35 U.S.C. § 112, ¶ 6 because
it recites sufficient structure to perform
the claimed function in its entirety.

Function: accepting virtual output to
control a picture, a meta element, or a
macro element

“picture manager process”

Motorola term:
“window manager process”

Microsoft Means-Plus -Function
term:
“wherein said virtual output
accepting means comprises a
picture manager process for
controlling said plurality of related
picture elements”

Microsoft Means-Plus -Function
term:
“wherein said virtual output
accepting means further comprises
a window manager process for
controlling the display of said

(see Picture Manager Process above)

11

This element is not a means-plus-function
element that should be construed
according to 35 U.S.C. § 112, ¶ 6 because
it recites sufficient structure to perform
the claimed function in its entirety.

18

Structure: the operations by which a
Picture Manager process controls the
modification and retrieval of a picture,
meta element, or macro element as
explicitly defined at 17:23-25,17:63-18:10,
and 5:20-46.
In addition to the structure and function
defined in claim 10, the claimed means
includes:
Function: mapping said plurality of
related picture elements onto a rectangular
area (called a “window) on the screen of

Claim Term/
Identified By

Claims

Microsoft Means-Plus -Function
term:

“means responsive to one of said
physical input devices for
generating a picture”

said display device.
Structure: the operations performed by
the Window Manager process, which is a
process that maps a given picture (or
portion thereof) to a rectangular area of a
given size on a given screen (a “window”)
in virtual pixels, as explicitly defined at
22:53-24:11 and 5:20-46.

12

“wherein said virtual output
converting means comprises a
virtual output manager process
responsive to said one or more
processed picture elements for
coupling said one or more
processed picture elements to said
at least one physical output
device”

Microsoft and Motorola MeansPlus -Function term:

Microsoft Proposed Construction

(see Window Manager Process above)

plurality of related picture
elements on said display device”

Motorola Proposed Construction

This element is not a means-plus-function
element that should be construed
according to 35 U.S.C. § 112, ¶ 6 because
it recites sufficient structure to perform
the claimed function in its entirety.

Function: coupling1 said one or more
processed picture elements to said at least
one physical output device.

Structure: the operations performed by
the Output Manager process as explicitly
“Virtual output manager process” means defined at 19:32-20:64 and 5:20-46,
the process by which virtual output is
wherein the physical output suitable for
converted into real output on a particular the screen is sent to the display device
physical device.
1
Coupling is defined at 18:51-52,19:59-61,
and 23:51-54 as processes or structures
that exchange messages via process
identifiers (PID’s) rather than by name
15-16, 18-23

Function: generating a picture
Function: generating a picture from the
comprising one or more picture elements input from a physical input device2
responsive to a user’s interaction with a
Structure: the Input Manager, Console
physical input device.
Manager, and Picture Manager processes
Corresponding structure: Input
communicating between each other as
Manager and Console Manager processes described at 25:25-31, 25:44-56, and 5-2019

Claim Term/
Identified By

“means for performing processing
operations on said one or more
picture elements”

Microsoft Proposed Construction
46.

Function: performing processing
operations on one or more picture
elements.

Function: performing processing
operations on said one or more picture
elements

Corresponding structure: Console
Manager processes that perform
processing operations on one or more
picture elements, as described, for
example, at least at FIGs. 8, 9, 12, 13;
Cols. 15:30-17:17;

15-16, 18-23

Motorola Proposed Construction
that generate a picture comprising one or
more picture elements responsive to a
user’s interaction with a physical input
device, as described, for example, at least
at FIGs. 8, 9, 12; Cols. 12:14-23; 13:6414:7; 18:24-19:31; 25:25-31, 25:44-56;
43:51-65; 47-56; 70-71.

Microsoft and Motorola MeansPlus -Function term:

Claims

Structure: the operations performed by
the Console Manager process on picture
elements as described at 44:6-34 and 5:2046.

2

As the term “said physical output
devices” has no antecedent basis other
than in the preamble, this term becomes
indefinite unless the preamble to Claim 15
is limiting

24:49-26:24; 27:5-28:17; 29:65-30:48;
43:51-65; 44:6-34; 47-56
Microsoft and Motorola MeansPlus -Function term:
“means responsive to said one or
more processed picture elements
for coupling said one or more
processed picture elements to one
of said physical output devices”

15-16, 18-23

Function: coupling said one or more
processed picture elements to a physical
output device.

Function: sending one or more
processed picture elements to one or more
said physical display devices3 for display.

Corresponding structure: Output
Manager processes that couple one or
more processed picture elements to a
physical output device, as described, for
example, at least at FIGs. 8, 9, 12, 14;
Cols. 19:32-20:64; 23:51-24:44; 25:33-43;

Structure: the operations performed by
the virtual output manager process as
described at 20:4-42 and 5:20-46.

20

3

as the term “said physical output
devices” has no antecedent basis other

Claim Term/
Identified By

22

“wherein said means responsive to
one of said physical input devices
comprises a virtual input manager
process”
Microsoft Means-Plus -Function
term:
“wherein said means responsive to
said one or more processed picture
elements comprises a virtual
output manager process”

23

Motorola Proposed Construction

Microsoft Proposed Construction

26:33-43; 43:58-65.

Microsoft Means-Plus -Function
term:

Claims

than in the preamble, this term becomes
indefinite unless the preamble to Claim 15
is limiting.

“Virtual input manager process” means
the process by which input from a
physical device is converted into virtual
form.

Function: generating a picture from the
input from a physical input device
Structure: the operations performed by
the virtual input manager process as
defined at 18:24-19:31 and 5:20-46.

“Virtual output manager process” means Function: coupling one or more
the process by which virtual output is
processed picture elements to one or more
converted into real output on a particular said physical display devices
physical device.
Structure: the operations performed by
the virtual output manager process as
defined at 20:4-42 and 5:20-46.

21

Microsoft Patent No. 7,024,214
Claim Term/
Identified By
Motorola term:
“synchronization mechanism”

Motorola term:
“flexible selection rule(s)”

Motorola term:
“value, from having access to
synchronized data”

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

1, 3-6, 10, 14, A communication channel used for
17, 19, 22-29, synchronization.
32-34, 38, 39,
41-44, 46-52,
54-56

Plain and ordinary meaning, or
alternatively:

1, 3-6, 10, 14, Changeable rule(s) which specify which
17, 19, 22-29, synchronization mechanisms can be used
32-34, 38, 39, for synchronizing certain types of data
41-44, 46-52,
54-56

Plain and ordinary meaning, or
alternatively:

1, 3-6, 10, 14, Importance to the user of having access to
17, 19, 22-29, the synchronized data item.
32-34, 38,39,
41-44, 46-52,
54-56

Plain and ordinary meaning, or
alternatively:

22

“process or technique for synchronization”

“rules for selection to determine whether,
when, and/or how”

“value associated with obtaining
synchronized data”

Microsoft Patent No. 7,493,130
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Motorola term:

1-2, 4-8, 10-l1,
13-19

A communication channel used for
synchronization.

Plain and ordinary meaning or
alternatively:

“synchronization mechanism”

“process or technique for
synchronization”
Motorola term:
“flexible selection rule(s)”

Motorola term:
“value, from having access to
synchronized data”

1-2, 4-8, l0-11
13-19

Changeable rule(s) which specify which Plain and ordinary meaning, or
synchronization mechanisms can be
alternatively:
used for synchronizing certain types of
“rules for selection to determine
data.
whether, when, and/or how”

1-2, 4-8, l0-11,
13-19

Importance to the user of having access Plain and ordinary meaning, or
to the synchronized data item.
alternatively:
“value associated with obtaining
synchronized data”

23

Microsoft Patent No. 6,791,536
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Motorola term:

14, 16, 17

Generating at least one down event of
the primary switch of the pointing
device.

Plain and ordinary meaning or
alternatively:

Generating at least one down event of
the secondary switch of the pointing
device.

Plain and ordinary meaning or
alternatively:

“generating at least one event
representing an activation of the
primary switch of the pointing
device”
Motorola term:
“generating at least one event
representing an activation of the
secondary switch of the pointing
device”

14, 16, 17

24
27364100_1

“generating at least one action
representing an activation of the primary
switch of the pointing device such as the
signal to select an object.”

“generating at least one action
representing an activation of the
secondary switch of the pointing device
such as the signal to display a contextsensitive command menu.”

Microsoft Patent No. 6,897,853
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Motorola term:

7-11

This element requires no construction and “determining that the input is a stroke if
should be accorded its plain and ordinary the input exceeds a first threshold based
meaning.
upon movement of the input”

“determining whether the input is
a stroke based on a first move
threshold”

Microsoft Proposed Construction

If this element is construed, it should be
given the following meaning:
“determining that the input is a stroke if
the input exceeds a first predetermined
distance.”

Motorola term:

7-11

“determining whether the input is
a tap based on a time threshold”

This element requires no construction and “determining that the input is a tap if the
should be accorded its plain and ordinary input does not exceed a threshold
meaning.
dependent on time”
If this element is construed, it should be
given the following meaning:
“determining that the input is a tap if the
input does not exceed a predetermined
amount of time.”

Motorola term:
“determining whether the stroke is
a hold or a hold and drag”

7-11

This element requires no construction and “determining that the input is a hold if the
should be accorded its plain and ordinary input exceeds a threshold dependent on
meaning.
time and does not exceed a second
threshold based upon movement of the
If this element is construed, it should be
input or a hold and drag if the input
given the following meaning:
exceeds a threshold dependent on time and
exceeds a second threshold based upon
“determining that the input is a hold if the
25

Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

input exceeds a predetermined amount of movement of the input”
time and does not exceed a second
predetermined distance or a hold and drag
if the input exceeds a predetermined
amount of time and exceeds a second
predetermined distance”
Motorola term:
“simulating a right mouse click”

11

Generating a down event followed by an
up event of a right mouse button.

26

Plain and ordinary meaning or alternatively:
“generating an action that represents an
activation of a secondary switch of a
pointing device”

Microsoft Patent No. 7,383,460
Claim Term/
Identified By

Claims

Motorola Proposed Construction

Microsoft Proposed Construction

Motorola term:

8, 9

A hardware timer that operates in
accordance with the “Intel
Architecture/Personal Computer (IA/PC)
HPET (High Precision Event Timers)
Specification.”

“the combination of a counter,
comparator, and match register”

7

Indefinite.

“the hardware-dependent interface”

high precision event timer (HPET)

Microsoft term:
“the hardware-dependent process”

27

Microsoft Patent No. 6,897,904
Claim Term/
Identified By

Claims

Microsoft Proposed Construction

Motorola Proposed Construction

Motorola term:

19

Plain and ordinary meaning or
alternatively:

“live program content”

“program content currently being
tuned”

“the program content that a tuner is
currently receiving”

28

29