Motorola Mobility, Inc. v. Microsoft Corporation

Filing 127

NOTICE by Microsoft Corporation re 126 Defendant's MOTION for Summary Judgment (Redacted) of Filing Exhibits (Attachments: # 1 Appendix Statement of Material Facts, # 2 Appendix Index to Exhibits, # 3 Exhibit 1 (Part 1), # 4 Exhibit 1 (Part 2), # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 17, # 14 Exhibit 19, # 15 Exhibit 20)(Miner, Curtis)

Download PDF
EXHIBIT 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 1:10-cv-24063-MORENO MOTOROLA MOBILITY, INC., Plaintiff, vs. MICROSOFT CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) DEFENDANT MICROSOFT CORPORATION’S DISCLOSURE OF PROPOSED CLAIM CONSTRUCTIONS Defendant/Counter-Claimant Microsoft Corporation (“Microsoft”) provides the following proposed claim constructions for the claim limitations in the asserted patents that require construction by the Court. The list of proposed claim constructions contained herein is based on information reasonably available to Microsoft at this stage of the litigation. Microsoft reserves the right to amend and supplement this list when and if additional information becomes available. Microsoft further reserves the right to amend and supplement this list upon receipt of Motorola’s submission of the same. Microsoft Patent No. 6,791,536 Claim Term/ Identified By Motorola term: Claims Microsoft Proposed Construction Motorola Proposed Construction 14, 16, 17 Plain and ordinary meaning or alternatively: generating at least one down event of the secondary switch of the pointing device 14, 16, 17 “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” Plain and ordinary meaning or generating at least one down event of alternatively: the primary switch of the pointing device “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 event representing an activation of the secondary switch of the pointing device” Motorola term: “generating at least one event representing an activation of the primary switch of the pointing device” Microsoft Patent No. 6,897,853 Claim Term/ Identified By Motorola term: Claims Microsoft Proposed Construction Motorola Proposed Construction 7-11 “determining that the input is a stroke if the input exceeds a first threshold based upon movement of the input” This element requires no construction and should be accorded its plain and ordinary meaning. “determining whether the input is a stroke based on a first move threshold” 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” “determining that the input is a tap if the input does not exceed a threshold dependent on time” This element requires no construction and should be accorded its plain and ordinary meaning. 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 “determining that the input is a hold if the input exceeds a threshold dependent on time and does not exceed a second threshold based upon movement of the input or a hold and drag if the input exceeds a threshold 3 This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should be given the following meaning: Claim Term/ Identified By Claims Microsoft Proposed Construction dependent on time and exceeds a second threshold based upon movement of the input” Motorola term: 11 Plain and ordinary meaning or alternatively: “simulating a right mouse click” “generating an action that represents an activation of a secondary switch of a pointing device” 4 Motorola Proposed Construction “determining that the input is a hold if the input exceeds a predetermined amount of 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” generating a down event followed by an up event of a right mouse button 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 Microsoft Proposed Construction Motorola Proposed Construction 1, 3-6, 10, 14, 17, 19, 22-29, 32-34, 38, 39, 41-44, 46-52, 54-56 1, 3-6, 10, 14, 17, 19, 22-29, 32-34, 38, 39, 41-44, 46-52, 54-56 1, 3-6, 10, 14, 17, 19, 22-29, 32-34, 38, 39, 41-44, 46-52, 54-56 Plain and ordinary meaning, or alternatively: A communication link used for synchronization, such as GSM, GPRS, WiFi (802.11b), Bluetooth, PSTN (dial-up), hardwire tether or dock “process or technique for synchronization” Plain and ordinary meaning, or alternatively: “rules for selection to determine whether, when, and/or how” Plain and ordinary meaning, or alternatively: “value associated with obtaining synchronized data” 5 changeable rule(s) which specify which synchronization mechanisms can be used for synchronizing certain types of data importance to the user of having access to the synchronized data item Microsoft Patent No. 7,493,130 Claim Term/ Identified By Motorola term: Claims Microsoft Proposed Construction Motorola Proposed Construction 1-2, 4-8, 1011, 13-19 Plain and ordinary meaning or alternatively: 1-2, 4-8, 1011, 13-19 “process or technique for synchronization” Plain and ordinary meaning, or alternatively: A communication link used for synchronization, such as GSM, GPRS, WiFi (802.11b), Bluetooth, PSTN (dial-up), hardwire tether or dock 1-2, 4-8, 1011, 13-19 “rules for selection to determine whether, when, and/or how” Plain and ordinary meaning, or alternatively: “synchronization mechanism” Motorola term: “flexible selection rule(s)” Motorola term: “value, from having access to synchronized data” “value associated with obtaining synchronized data” 6 changeable rule(s) which specify which synchronization mechanisms can be used for synchronizing certain types of data importance to the user of having access to the synchronized data item Microsoft Patent No. 7,383,460 Claim Term/ Identified By Microsoft term: “the hardware-dependent process” Motorola term: Claims Microsoft Proposed Construction Motorola Proposed Construction 7 “the hardware-dependent interface” Indefinite. 8, 9 “the combination of a counter, comparator, and match register” a hardware timer that operates in accordance with the “Intel Architecture/Personal Computer (lA/PC) HPET (High Precision Event Timers) Specification” high precision event timer (HPET) 7 Microsoft Patent No. 6,897,904 Claim Term/ Identified By Motorola term: “program content currently being tuned” Claims Microsoft Proposed Construction Motorola Proposed Construction 19 Plain and ordinary meaning or alternatively: “live program content” “the program content that a tuner is currently receiving” 8 Microsoft Patent No. 6,785,901 Claim Term/ Identified By None Claims Microsoft Proposed Construction 9 Motorola Proposed Construction Motorola Patent No. 5,502,839 Claim Term/ Identified By Microsoft term: Claims Microsoft Proposed Construction Motorola Proposed Construction 9-12, 15-16, 18-21, 23 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 A device-independent abstraction of a displayable object (e.g., line, text, etc.) “virtual input” is a device-independent abstraction of physical input represented as one or more of a set of standard messages “virtual input” means one or more picture elements generated from user input “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 term: 9-13, 22-23 “virtual output”; “virtual input” Motorola term: 9-14 “source of virtual input” Motorola term: 10-11 “picture manager process” “virtual output” is a deviceindependent abstraction of physical output represented as one or more of a set of standard messages a physical input device corresponding to a virtual input device a process that constructs a deviceindependent representation of a picture using a small set of elemental picture elements and controls modification and 10 “virtual output” means one or more picture elements of a picture A process which generates one or more picture elements from user input A Picture Manager process is a process that constructs a device-independent representation of a picture using a set of related picture elements and controls Claim Term/ Identified By Motorola term: Claims 11 “window manager process” Microsoft and Motorola MeansPlus -Function term: 9-14 “means for performing processing operations on said virtual input and for generating virtual output” Microsoft and Motorola MeansPlus -Function term: Motorola Proposed Construction retrieval of these elements, as explicitly defined at 17:23-25, 17:63-18:10, 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. Function: performing processing operations on said virtual input and generating virtual output modification and retrieval of the picture elements. Structure: the operations performed by the Console Manager process as explicitly defined at 15:30-17:6, 44:634, and 5:20-46. 9-14 Function: accepting said virtual output 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. “means for accepting said virtual output” Microsoft and Motorola Means- Microsoft Proposed Construction 9-14 Function: converting said virtual 11 The Window Manager process is a process that maps all (or a portion) of a picture to a particular rectangular area (window) of a display screen, updates the display screen and controls the size and appearance of the window. Function: performing processing operations on virtual input and generating virtual output Corresponding structure: Console Manager, which is any process that processes virtual input and, in response, 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. Function: accepting 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. Function: converting virtual output into Claim Term/ Identified By Plus -Function term: Claims 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 plurality of related picture elements on said display 11 at least one physical output suitable for use by at least one physical output device Structure: the operations performed by the Output Manager process as defined at 19:32-20:64 and 5:20-46. 10 Motorola Proposed Construction output into at least one physical output suitable for use by at least one physical output device “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 Corresponding structure: Output Manager, which is any process that converts virtual output into physical output suitable for use by 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; 26:33-43; 43:58-65. 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. Function: accepting virtual output to control a picture, a meta element, or a macro element 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, 17:6318:10, 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 said display device 12 (see Picture Manager Process above) 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. (see Window Manager Process above) Claim Term/ Identified By device” Claims Microsoft Means-Plus -Function term: 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: “means responsive to one of said physical input devices for generating a picture” Microsoft Proposed Construction 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 22:5324:11 and 5:20-46. 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 defined at 19:32-20:64 and 5:20-46, wherein the physical output suitable for the screen is sent to the display device Motorola Proposed Construction 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. “Virtual output manager process” means the process by which virtual output is converted into real output on a particular physical device. 1 Coupling is defined at 18:51-52, 19:5961, 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 from the input from a physical input device2 Structure: the Input Manager, Console Manager, and Picture Manager processes communicating between 13 Function: generating a picture comprising one or more picture elements responsive to a user’s interaction with a physical input device. Corresponding structure: Input Manager Claim Term/ Identified By Claims Microsoft Proposed Construction Motorola Proposed Construction each other as described at 25:25-31, 25:44-56, and 5:20-46. and Console Manager processes 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; 13:64-14:7; 18:24-19: 31; 25:25-31, 25:44-56; 43:51-65; 47-56; 70-71. Function: performing processing operations on one or more picture elements. 2 as the term "said physical input devices" has no antecedent basis other than in the preamble, this term becomes indefinite unless the preamble to Claim 15 is limiting Microsoft and Motorola MeansPlus -Function term: 15-16, 18-23 “means for performing processing operations on said one or more picture elements” 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” Function: performing processing operations on said one or more picture elements Structure: the operations performed by the Console Manager process on picture elements as described at 44:634 and 5:20-46. 15-16, 18-23 Function: sending one or more processed picture elements to one or more said physical display devices3 for display Structure: the operations performed by the virtual output manager process as described at 20:4-42 and 5:20-46. 14 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; 24:49-26:24; 27:5-28:17; 29:65-30:48; 43:51-65; 44:6-34; 47-56 Function: coupling said one or more processed picture elements to a physical output device 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; Claim Term/ Identified By “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” Motorola Proposed Construction 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 22 Microsoft Proposed Construction 3 Microsoft Means-Plus -Function term: Claims Cols. 19:32-20:64; 23:51-24:44; 25:3343; 26:33-43; 43:58-65. Function: generating a picture from the input from a physical input device “Virtual input manager process” means the process by which input from a physical device is converted into virtual form Structure: the operations performed by the virtual input manager process as defined at 18:24-19:31 and 5:20-46. 23 Function: coupling one or more processed picture elements to one or more said physical display devices Structure: the operations performed by the virtual output manager process as defined at 20:4-42 and 5:20-46. 15 “Virtual output manager process” means the process by which virtual output is converted into real output on a particular physical device Motorola Patent No. 5,764,899 Claim Term/ Identified By Microsoft proposed term: A system for communicating reply data with a communication unit comprising Microsoft proposed term: Claims Microsoft Proposed Construction Motorola Proposed Construction 1 The preamble is limiting. The term means "A system for transmitting or receiving the reply email composed on the communication unit before optimization." The host server and the communication server are separate processing devices (e.g., computers) transmitting to or receiving from each other over a network. A message, transmitted to a mailbox, having text and header information used for transmitting the text. The header information includes at least the recipient mailbox address and the author address and may include other message attributes such as subject, date, and priority level. Sending [send, sends, sent] from one processing device (e.g., computer) to a separate processing device (e.g., computer) The preamble is not limiting and should be construed according to its plain and ordinary meaning. 1 a host server, in communication with the communication server Microsoft proposed term: 1, 15,18 email; e-mail Microsoft proposed term: 1, 14, 16, 17 "forwarding" / "forward" / "forwards" / "forwarded" Microsoft proposed term: 14 A comparison is made at the 16 A computer or a program that operates as an e-mail post office, which can exchange data with the communication server This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should be given the following meaning: "electronic mail" This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should be given the following meaning: "Forwarding from one computer or program to another" This element requires no construction Claim Term/ Identified By a determination is made whether to forward the optimized reply or a replica reply Claims Microsoft Proposed Construction Motorola Proposed Construction communication server whether to forward the optimized reply or replica reply based on the known parameters of the target communication unit, such as whether the target is served by the same communication server, was an original addressee, or has deleted the original message. and should be accorded its plain and ordinary meaning. 17 If this element is construed, it should be given the following meaning: "the communication server decides whether to forward the optimized reply or the replica reply." Motorola Patent No. 5,784,001 Claim Term/ Identified By Microsoft proposed term: Claims Microsoft Proposed Construction Motorola Proposed Construction 1, 4, 6 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. This element requires no construction and should be accorded its plain and ordinary meaning. At least one supplemental image is displayed along with the entire alphanumeric message. At least one image is displayed along with a portion of, or the entire, alphanumeric message. The preamble is limiting. The preamble is a limitation that should "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 word included in the alphanumeric message matches at least one key word included in the database” Microsoft proposed term: 1, 4, 6 “graphic message that is accompanied by the alphanumeric message”/ “graphic message accompanied by the alphanumeric message”/ “graphic message accompanied by the message” Microsoft proposed term: 1, 4, 6 18 Claim Term/ Identified By "A method for displaying messages in a data communication receiver; A data communication receiver for presenting information” Microsoft proposed Means-PlusFunction term: Claims All claim elements are a part of or performed on the mobile communication device receiving the message. 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 Microsoft Proposed Construction 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 Motorola Proposed Construction be construed according to its plain and ordinary meaning. 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: Structure: none. The claim is indefinite for claiming processor 120, programmed to perform the function of "storing the key word and image data in the database in response to determining that the programming message includes the programming word" without disclosing the internal structure of that processor in the form of an algorithm. 4 Function: storing the key word and image data in the database in response to determining that the programming message includes the programming 19 Claimed function: "programming the database" Corresponding structure: the Receiver, the Decoder, the Memory, and a program for operating the Processor according to the algorithm of Figure 13. This is a means-plus function element that should be construed according to 35 U.S.C. §112. Claim Term/ Identified By word and image data in the database in response to determining that the programming message includes the programming word" Motorola proposed term: "programming message" Claims Microsoft Proposed Construction Motorola Proposed Construction word Claimed function: "storing the key word and the image data in the database in response to determining that the programming message includes the programming word" Structure: none. 1, 3, 4 The claim is indefinite for claiming processor 120, programmed to perform the function of "storing the key word and image data in the database in response to determining that the programming message includes the programming word" without disclosing the internal structure of that processor in the form of an algorithm. 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 word. 20 Corresponding structure: A program for operating the Processor according to steps 360, 370, 375, and 380 of the algorithm of Fig. 13. A message that creates or modifies an association between a key word and image data. Motorola Patent No. 6,272,333 Claim Term/ Identified By Microsoft term: “data” Microsoft term: Claims Microsoft Proposed Construction Motorola Proposed Construction 1, 7, 12 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 a device that can receive data from the fixed portion of the wireless communication system Digital information one official list of all applications currently accessible to the subscriber unit, including applications that can be downloaded over the air A portion of memory that includes a list of all software applications that are immediately available for use by the subscriber unit 1, 7, 12 “controlling a delivery of data” Microsoft term: 1, 3, 5, 7, 12 “fixed portion of [a/the] wireless communication system” Motorola term: 1, 3, 5-7, 1213 “subscriber unit” Motorola term: “application registry comprising a list of all software applications that are currently accessible to the subscriber unit” 1, 3, 5-7, 1213 21 Managing whether and when data is delivered The stationary portion of the wireless communication system that includes base stations and a controller A portable device for use in a wireless communication system Motorola Patent No. 6,757,544 Claim Term/ Identified By Microsoft term: Claims Microsoft Proposed Construction Motorola Proposed Construction 1, 3 “Location information input by the user to indicate the location of the communication device.” This element requires no construction and should be accorded its plain and ordinary meaning. “specific location information of the communication device” If this element is construed, it should be given the following meaning: Microsoft term: 1, 3, 9, 10 “general location information of the location relevant to the user” A geographic area that is determined by the nature of the service request of a user. “Information about the specific location of the communication device.” This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should be given the following meaning: Microsoft & Motorola term: “determining the location relevant to a user by comparing the list of location parameters with the specific location information” 1, 3 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. 22 “Information about the general area of a location relevant to the user.” “Identifying the location relevant to the user by selecting from the list of location parameters based on the specific location information.” Motorola Patent No. 6,408,176 Claim Term/ Identified By Microsoft term: “extracts the caller-related information from the stored voice mail” / “extracting the callerrelated information from the stored voice mail” / “receiving the callerrelated 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-numeric-string format/Claim 11 - caller-related information in an alpha-numeric string format resulting from a Claims Microsoft Proposed Construction Motorola Proposed Construction 1, 8, 11 “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.” See constructions for “extracts / extracting / extraction” and “callerrelated information” 1, 8, 11 The functional operation (Claim 1 extracts caller-relation information/(Claim 8 - extracting the caller-related information/Claim 11 extraction 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 alpha-numeric-string format/Claim 11 - caller-related information in an alpha-numeric string format resulting from a voice-to-alphanumeric-string– format conversion). 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 speech-recognition techniques. 23 Claim Term/ Identified By voice-to-alphanumeric-string– format conversion). Microsoft term: Claims Microsoft Proposed Construction Motorola Proposed Construction 1 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. The communication system infrastructure is receiving a request from the communication unit. Communication system infrastructure component. Information present in a stored voice mail that enables a communication device to initiate a communication to a target device. To select and remove from a group of items those which meet specific criteria. Information provided by a caller in a stored audio message. “fixed network equipment” Microsoft term: 11 “receiving a request from a user of the communication unit” Motorola term: 1, 8, 11 “caller-related information” Motorola term: “extracts” / “extracting” / “extraction” 1, 8, 11 24 This element requires no construction and should be accorded its plain and ordinary meaning. Selecting. Motorola Patent No. 6,983,370 Claim Term/ Identified By Microsoft term: for providing continuity Microsoft term: first / second messaging client Microsoft term: Claims Microsoft Proposed Construction Motorola Proposed Construction 1, 6, 9, 10, 11, 12, 13, 15, 18, 19, 20, 22, 29, 33, 36, 42, 45, 46, 50, 59 1, 2, 6, 9, 10, 11, 12, 15, 22, 36, 46, 50, 51, 52, 54, 59, 61 Indefinite. Allowing an account user to continue at least one messaging session on different messaging clients Client application operating on a messaging device that includes software capability for transferring client data to and receiving client data from at least one other messaging client. The First and Second Messaging Clients can be operated by one or more account users. Indefinite. First client software to interface a user’s device within a messaging communication system 46 “adding the second messaging client to the at least one messaging session using the session identifier” Second client software to interface a user’s device within a messaging communication system This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should 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 Indefinite. This element requires no construction 25 Claim Term/ Identified By Claims Microsoft Proposed Construction and should be accorded its plain and ordinary meaning. “transfer the at least one messaging session to the second messaging client using the session identifier” Microsoft Means-Plus-Function Term “a first messaging client, for establishing a first communication connection including a plurality of client data with a message server” Motorola Proposed Construction If this element is construed, it should be given the following meaning: 50 – 52, 54 “Using the session identifier to transfer the at least one messaging session from the first messaging client to the second messaging client.” Indefinite. This element is not a means-plusfunction element that should be Function: establishing a first construed according to 35 U.S.C. communication connection including a §112,¶ 6 because it recites sufficient plurality of client data with a message structure to perform the claimed server. function in its entirety. Structure: none. This element requires no construction and should be accorded its plain and ordinary meaning. The claims are indefinite for failing to identify a structure capable of providing or maintaining continuity by To the extent that this element is “establishing a first communication construed according to 35 U.S.C. connection including a plurality of §112,¶ 6: 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: 26 Claim Term/ Identified By Microsoft Means-Plus-Function term: Claims 50 – 52, 54 Microsoft Proposed Construction 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 “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” Structure: none. The claims are indefinite for failing to identify a structure capable of providing or maintaining continuity by “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.” Motorola term: “client data” 1, 6, 9, 10, 13, 15, 18, 20, 36, 42, 45, 46, 50, 52, 54, 59 Data associated with the messaging client and data associated with each messaging session for which the messaging client is currently participating, has participated in, or plans to participate in. 27 Motorola Proposed Construction “first messaging client” 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 construed according to 35 U.S.C. §112,¶6: Claimed function: “receiving the plurality of client data from the first messaging client, and establishing a second communication connection including the plurality of client data with the message server Corresponding structure: “second messaging client” Motorola agrees with Microsoft’s proposed construction. Claim Term/ Identified By Motorola term: Claims Microsoft Proposed Construction Motorola Proposed Construction 22, 29, 36, 42, 46, 59 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. Indefinite. A session of real time electronic messaging, between two or more messaging clients. “messaging session” Motorola term: “providing continuity between a plurality of messaging clients” Motorola term: “session data” 2, 6, 9, 10, 11, 12, 13, 18, 19, 20, 29, 33, 42, 45, 59 22, 29, 33, 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. 28 See construction for “for providing continuity” 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 DATED this 3rd day of June 2011. Respectfully submitted, COLSON HICKS EIDSON Roberto Martinez, Esq. Curtis Miner, Esq. 255 Alhambra Circle, Penthouse Coral Gables, Florida 33134 Tel. (305) 476-7400 Fax. (305) 476-7444 By: __/s/ Tung T. Nguyen____ Tung T. Nguyen E-mail: tnguyen@sidley.com Of Counsel: David T. Pritikin Richard A. Cederoth Douglas I. Lewis John W. McBride SIDLEY AUSTIN LLP One South Dearborn Chicago, IL 60603 Tel. (312) 853-7000 Brian R. Nester SIDLEY AUSTIN LLP 1501 K Street NW Washington, DC 20005 Tel. (202) 736-8000 CERTIFICATE OF SERVICE I hereby certify that on June 3, 2011, a true copy of the foregoing document was served upon the following counsel of record in the manner indicated. Respectfully submitted, _/s/ Tung T. Nguyen _____ Tung T. Nguyen, Esq. SERVICE LIST Motorola Mobility, Inc. v. Microsoft Corp., Case No. 1:10-cv-24063-Moreno By Email Edward M. Mullins emullins@astidavis.com Hal M. Lucas hlucas@astidavis.com ASTIGARRAGA DAVIS 701 Brickell Avenue, 16th Floor Miami, FL 33131 Tel.: (305) 372-8282 Steven Pepe Steven.Pepe@ropesgray.com Jesse J. Jenner Jesse.Jenner@ropesgray.com Leslie M. Spencer Leslie.Spencer@ropesgray.com ROPES & GRAY LLP 1211 Avenue of the Americas New York, NY 10036-8704 Tel.: (212) 596-9046 Norman H. Beamer Norman.Beamer@ropesgray.com Mark D. Rowland Mark.Rowland@ropesgray.com Gabrielle E. Higgins Gabrielle.Higgins@ropesgray.com ROPES & GRAY LLP 1900 University Avenue, 6th Floor East Palo Alto, CA 94303-2284 Tel.: (650) 617-4030 Kevin J. Post kevin.post@ropesgray.com Megan F. Raymond megan.raymond@ropesgray.com ROPES & GRAY LLP One Metro Center 700 12th Street NW, Suite 900 Washington, DC 20005-3948 Tel.: (202) 508-4600 Counsel for Plaintiff Motorola Mobility, Inc.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?