Motorola Mobility, Inc. v. Microsoft Corporation

Filing 177

RESPONSE/REPLY Microsoft Corporation's Responsive Claim Construction Brief and Exhibits by Microsoft Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit 802, #3 Exhibit 906, #4 Exhibit 907, #5 Exhibit 908, #6 Exhibit 909, #7 Exhibit 910, #8 Exhibit 1005, #9 Exhibit 1006, #10 Exhibit 1117, #11 Exhibit 1118, #12 Exhibit 1119, #13 Exhibit 1120, #14 Exhibit 1121, #15 Exhibit 1122, #16 Exhibit 1411)(Miner, Curtis)

Exhibit 906

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-24063-CIV-MORENO

MOTOROLA MOBILITY, INC.,
Plaintiff / Counterclaim Defendant,
v.
MICROSOFT CORPORATION,
Defendant / Counterclaim Plaintiff.

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PLAINTIFF MOTOROLA MOBILITY, INC.’S UPDATED PROPOSED
CLAIM CONSTRUCTIONS FOR THE PATENTS-IN-SUIT
Motorola Mobility, Inc. (“Motorola Mobility”) submits the attached chart identifying its
updated proposed constructions of the claim limitations of the patents-in-suit for which the
parties seek construction by the Court.
Motorola Mobility’s provides this submission without waiver of or prejudice to its right
to amend or supplement as a result of further analysis, ongoing discovery, and in response to
amendment or supplementation of constructions proposed by Microsoft Corporation
(“Microsoft”). In particular, Motorola Mobility may amend its constructions to narrow the gap
between its constructions and Microsoft’s to allow for resolution of as many claim construction
disputes as possible prior to the submission of the parties’ claim construction briefs.

Dated: June 3, 2011

By: /s/ Leslie M. Spencer_____

Jesse J. Jenner
Steven Pepe
Khue V. Hoang
Leslie M. Spencer
Ropes & Gray LLP
1211 Avenue of the Americas
New York, NY 10020
Telephone: [phone]
Norman H. Beamer
Mark D. Rowland
Gabrielle E. Higgins
Ropes & Gray LLP
1900 University Avenue, 6th Floor
East Palo Alto, CA 94303
Telephone: [phone]
Kevin J. Post
Megan F. Raymond
Ropes & Gray LLP
One Metro Center
700 12th Street NW, Suite 900
Washington, DC 20005
Telephone: [phone]
Edward M. Mullins
Hal M. Lucas
Astigarraga Davis Mullins & Grossman, P.A.
701 Brickell Avenue
16th Floor
Miami, FL 33131
Telephone: [phone]
Attorneys for Plaintiff / Counterclaim Defendant
MOTOROLA MOBILITY, INC.

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CERTIFICATE OF SERVICE
I hereby certify that on June 3, 2011, copies of the foregoing Plaintiff Motorola Mobility,
Inc.’s Updated Proposed Claim Constructions For The Patents-In-Suit were served by e-mail
upon the counsel of record included in the attached Service List.
/s/Leslie M. Spencer
Leslie M. Spencer

SERVICE LIST
Motorola Mobility, Inc. v. Microsoft Corp., Case No. 1:10-cv-24063-MORENO
Roberto Martinez, Esq.
Curtis Miner, Esq.
COLSON HICKS EIDSON
255 Alhambra Circle, Penthouse
Coral Gables, FL 33134
Tel: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant /
Counterclaim Plaintiff
MICROSOFT CORPORATION
Of Counsel:
David T. Pritikin
Richard A. Cederoth
Douglas I. Lewis
John W. McBride
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, IL 60603
Tel: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Brian R. Nester
Kevin C. Wheeler
SIDLEY AUSTIN LLP
1501 K Street NW
Washington, DC 20005
Tel: [phone]
Email: [e-mail]
[e-mail]

Motorola Patent No. 5,764,899
Claim Term/
Identified By
Microsoft proposed term:

Claims

Motorola Proposed Construction

1

A system for communicating
reply data with a
communication unit
comprising
Microsoft proposed term:

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:

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

1, 15,18

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

email; e-mail

Microsoft proposed term:

If this element is construed, it should be given the
following meaning: "electronic mail"
1, 14, 16, 17 This element requires no construction and should
be accorded its plain and ordinary meaning.

"forwarding" / "forward" /
"forwards" / "forwarded"

Microsoft proposed term:
a determination is made
whether to forward the
optimized reply or a replica
reply

26875538_1

14

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 and should
be accorded its plain and ordinary meaning.
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."

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