Skyhook Wireless, Inc. v. GOOGLE, INC.

Filing 48

DECLARATION of Susan Baker Manning in Support of Google Inc.'s Motion for Summary Judgement of Indefiniteness And, In the Alternative, Opening Claim Construction Brief by GOOGLE, INC.. (Attachments: # 1 Exhibit T, # 2 Exhibit U, # 3 Exhibit V, # 4 Exhibit W, # 5 Exhibit X, # 6 Exhibit Y, # 7 Exhibit Z, # 8 Exhibit AA, # 9 Exhibit BB)(Manning, Susan)

EXHIBIT Z

Exhibit A
U.S. Patent No. 7,305,245
Term or Phrase for
Construction
"a simple signal strength
weighted average
model"

Claims
6

Proposed Construction
An algorithm that includes averaging the calculated
locations of identified Wi-Fi access points weighted
according to their received signal strengths.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'245 Patent: See, e.g., 4:46–48,
6:65–7:10
Extrinsic Evidence: See, e.g., Steven
M. Kaplan, Wiley Electrical and
Electronics Engineering Dictionary
(2004): signal strength; Webster's
Third New International Dictionary
Unabridged (2002): weighted
average; McGraw-Hill Dictionary of
Scientific and Technical Terms (4th
ed., 1989): weighted average; Van
Nostrand's Scientific Encyclopedia
Vol. 2 (7th ed., 1989): weighting.

"a triangulation
technique"

2489616

8

An algorithm that includes (1) estimating the distances
from the user device to at least two identified Wi-Fi
access points using their received signal strengths and (2)
determining a location based on the estimated distances.

-1-

'245 Patent: See, e.g., 1:61–63, 2:7–
9, 4:51–53, 6:65–7:10
Extrinsic Evidence: See, e.g., Ultra
Wideband Wireless Communication
49 (Hüseyin Arslan, Zhi Ning Chen
& Maria-Gabriella Di Benedetto eds.,
2006); The American Heritage
Science Dictionary (2005):
triangulation; UWB Theory and
Applications 176 (Ian Oppermann,

EXHIBIT A TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

"Wi-Fi access points"

Claims

1, 2

Preliminary Identification of
Intrinsic and Extrinsic Evidence
Matti Hämäläinen & Jari Iinatti eds.,
2004); John R. Vacca, Wireless Data
Demystified 73 (McGraw-Hill Cos.
2003).

Proposed Construction

Does not need to be construed.

'245 Patent: See, e.g., Fig. 1; 4:21–
23, 4:64–65, 5:28–29, 5:52–55

But if construed:
Devices utilizing the IEEE 802.11 standard and that can
be configured to provide wireless devices with network
connectivity.
"target area"

1

A targeted geographic area.

'245 Patent: See, e.g., Abstract;
4:21–23, 5:29–31, 7:36–42

"a user-device having a
Wi-Fi radio"

1

Does not need to be construed.

'245 Patent: See, e.g., Fig. 1; 4:20–
21, 4:64–65, 5:55–61, 6:14–29

But if construed:
A user device having a Wi-Fi radio.

2489616

-2-

EXHIBIT A TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"providing a reference
database of calculated
locations of Wi-Fi
access points in a target
area"

Claims
1

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'245 Patent: See, e.g., Abstract; Fig.
9; 4:21–23, 5:15–17, 6:29–36, 8:58–
64

Proposed Construction
Does not need to be construed.
But if construed:
Providing a database of calculated locations of Wi-Fi
access points in a target area. The database is used to
locate a user device having a Wi-Fi radio.
See "calculated locations," "Wi-Fi access points," and
"target area."

"calculated locations"

Extrinsic Evidence: See, e.g.,
Newton's Telecom Dictionary: The
Official Dictionary of
Telecommunications Networking and
the Internet (16th ed., 2000):
database.

1, 2

Estimated physical locations of Wi-Fi access points
calculated using characteristics of signals transmitted by
such Wi-Fi access points.

'245 Patent: See, e.g., Abstract; Figs.
3–6, 9; 4:21–23, 5:1–10, 5:15–17,
5:66–6:1, 7:41–49, 8:58–64, 12:3–14,
12:22–13:28

"in response to a user
application request to
determine a location of a
user-device having a
Wi-Fi radio"

1

In response to a request made by an application running
on a user-device having a Wi-Fi radio to determine the
location of the user-device.

'245 Patent: See, e.g., Fig. 9; 4:23–
24, 5:15–17, 6:12–29

"said chosen algorithm
being suited for the
number of identified WiFi access points"

1

See "a user-device having a Wi-Fi radio."
Does not need to be construed.

'245 Patent: See, e.g., 4:33–40,
5:45–48, 7:10–12

But if construed:
The chosen location-determination algorithm is suited for
the number of Wi-Fi access points that are identified.
See "Wi-Fi access points."

2489616

-3-

EXHIBIT A TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Exhibit B
U.S. Patent No. 7,433,694
Term or Phrase for
Construction
"for substantially all WiFi access points in the
target area"

Claims

Proposed Construction

1

For substantially all observed Wi-Fi access points in the
target area.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'694 Patent: See, e.g., Abstract; 4:2–
10, 4:47–54, 5:19–21, 5:54–56, 6:55–
7:5, 7:63–66, 9:41–43, 10:57–67

See "Wi-Fi access points" and "target area."
"avoid arterial bias"

1

Reduce the effects of arterial bias.

'694 Patent: See, e.g., Abstract; Figs.
3, 4, 11; 2:52–57, 4:2–10, 4:19–23,
4:38–40, 7:7–8:12, 8:22–41, 9:3–23

See "arterial bias."

Extrinsic Evidence: See, e.g.,
Merriam-Webster's Collegiate
Dictionary (10th ed., 1995): avoid.
"a database of Wi-Fi
access points for at least
one target area"

1

A database of Wi-Fi access points for at least one "target
area" where "target area" is defined as provided below.

'694 Patent: See, e.g., Abstract; Figs.
1, 8–10; 3:66–4:2, 4:15–16, 4:31–37,
5:19–21, 6:55–63, 8:16–22

See "Wi-Fi access points" and "target area."
Extrinsic Evidence: See, e.g.,
Newton's Telecom Dictionary: The
Official Dictionary of
Telecommunications Networking and
the Internet (16th ed., 2000):
database.

2489616

-1-

EXHIBIT B TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"Wi-Fi access points"

Claims
1

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'694 Patent: See, e.g., Fig. 1; 3:66–
4:2, 4:15–16, 4:46–47, 5:4–6

Proposed Construction
Does not need to be construed.
But if construed:
Devices utilizing the IEEE 802.11 standard and that can
be configured to provide wireless devices with network
connectivity.

"target area"
"database records"

1, 2
1

A targeted geographic area.

'694 Patent: See, e.g., Abstract;
3:66–4:2, 4:47–49, 6:58–63

Does not need to be construed.

'694 Patent: See, e.g., Abstract; 4:2–
10, 5:19–21

But if construed:
Data records stored in a database.

"substantially all Wi-Fi
access points"

1

Substantially all observed Wi-Fi access points.
See "Wi-Fi access points."

2489616

-2-

Extrinsic Evidence: See, e.g.,
Newton's Telecom Dictionary: The
Official Dictionary of
Telecommunications Networking and
the Internet (16th ed., 2000):
database, record; The IEEE Standard
Dictionary of Electrical and
Electronics Terms (6th ed., 1996):
database record; Merriam-Webster's
Collegiate Dictionary (10th ed.,
1995): record.
'694 Patent: See, e.g., Abstract; 4:2–
10, 4:47–54, 5:19–21, 5:54–56, 6:55–
7:5, 7:63–66, 9:41–43, 10:57–67

EXHIBIT B TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"calculated position
information"

Claims

Proposed Construction

1

Estimated physical position of the observed Wi-Fi access
point calculated using characteristics of its transmitted
signal.

"reference symmetry"

1

From the perspective of a user whose location is being
calculated, the calculated positions of observed Wi-Fi
access points in range of the user tend to be distributed
around the user with reduced arterial bias.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'694 Patent: See, e.g., Abstract; Fig.
9; 4:2–10, 4:34–35, 5:6–26, 6:58–7:4,
8:16–22, 11:18–42, 11:51–12:54
'694 Patent: See, e.g., Abstract; Figs.
5, 6, 11; 4:2–10, 4:24–28, 4:38–40,
9:3–23
Extrinsic Evidence: See, e.g.,
Merriam-Webster's Collegiate
Dictionary (10th ed., 1995):
symmetry.

"arterial bias"

1

The deviation of the calculated position information for a
Wi-Fi access point towards heavily trafficked roads and
away from the actual geographic location of the access
point.

'694 Patent: See, e.g., Abstract; Figs.
3, 4, 11; 2:52–57, 4:2–10, 4:19–23,
4:38–40, 7:7–8:12, 8:22–41, 9:3–23

"recording multiple
readings of the Wi-Fi
access point at different
locations around the WiFi access point so that
the multiple readings
avoid arterial bias in the
calculated position
information of the Wi-Fi
access point"

1

Multiple scans of a Wi-Fi access point are recorded. The
scans are taken at different locations around the Wi-Fi
access point. The multiple readings avoid arterial bias in
the calculated position information of the Wi-Fi access
point.

'694 Patent: See, e.g., Abstract; Figs.
3–6, 11; 4:2–10, 4:19–28, 4:38–40,
7:47–8:12, 8:22–41, 9:3–23

2489616

See "Wi-Fi access points," "avoid arterial bias," and
"calculated position information."

-3-

Extrinsic Evidence: See, e.g.,
Merriam-Webster's Collegiate
Dictionary (10th ed., 1995): avoid.

EXHIBIT B TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"wherein the database
records for substantially
all Wi-Fi access points
in the target area provide
reference symmetry
within the target area"

Claims
1

Proposed Construction
Wherein the database records for substantially all Wi-Fi
access points in the target area are distributed such that
when the database records are used to calculate a user's
location, the calculated positions of the observed Wi-Fi
access points in range of the user tend to be distributed
around the user with reduced levels of arterial bias.
See "database records," "substantially all Wi-Fi access
points," "target area," "Wi-Fi access points," and
"reference symmetry."

2489616

-4-

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'694 Patent: See, e.g., Abstract; Figs.
3–6, 11; 4:2–10, 4:19–28, 4:38–40,
7:47–8:12, 9:3–23
Extrinsic Evidence: See, e.g.,
Newton's Telecom Dictionary: The
Official Dictionary of
Telecommunications Networking and
the Internet (16th ed., 2000):
database, record; The IEEE Standard
Dictionary of Electrical and
Electronics Terms (6th ed., 1996):
database record; Merriam-Webster's
Collegiate Dictionary (10th ed.,
1995): record, symmetry.

EXHIBIT B TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Exhibit C
U.S. Patent No. 7,414,988
Term or Phrase for
Construction
"for substantially all WiFi access points in the
target area"

Claims

Proposed Construction

1

For substantially all observed Wi-Fi access points in the
target area.
See "Wi-Fi access points" and "target area."

"avoids arterial bias"

1

Reduces the effects of arterial bias.
See "arterial bias."

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'988 Patent: See, e.g., Abstract;
4:31–40, 5:27–34, 5:66–6:1, 6:35–37,
7:35–55, 8:44–47, 10:21–23, 11:35–
45
'988 Patent: See, e.g., Abstract; Figs.
3, 4, 11; 3:12–18, 4:31–40, 4:66–5:3,
5:17–20, 7:55–8:59, 9:2–21, 9:51–
10:4
'988 Patent Prosecution History:
See, e.g., SKYFED001212–1222
Extrinsic Evidence: See, e.g.,
Merriam-Webster's Collegiate
Dictionary (10th ed., 1995): avoid.

"a weighted centroid
position"

3

A weighted average position.

'988 Patent: See, e.g., 4:50–57,
11:64–13:31
'988 Patent Prosecution History:
See, e.g., SKYFED001306–1320
Extrinsic Evidence: See, e.g.,
SKYFED000128–145; Webster's
Third New International Dictionary
Unabridged (2002): weighted

2489616

-1-

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

Proposed Construction

Preliminary Identification of
Intrinsic and Extrinsic Evidence
average; McGraw-Hill Dictionary of
Scientific and Technical Terms (4th
ed., 1989): weighted average; Van
Nostrand's Scientific Encyclopedia
Vol. 2 (7th ed., 1989): weighting.

"a database of Wi-Fi
access points for at least
one target area"

1

A database of Wi-Fi access points for at least one "target
area" where "target area" is defined as provided below.

'988 Patent: See, e.g., Abstract; Figs.
1, 8–10; 4:28–31, 4:62–63, 5:11–20,
5:66–61, 7:36–44, 8:63–9:2

See "Wi-Fi access points" and "target area."
Extrinsic Evidence: See, e.g.,
Newton's Telecom Dictionary: The
Official Dictionary of
Telecommunications Networking and
the Internet (16th ed., 2000):
database.
"Wi-Fi access points"

1, 3

Does not need to be construed.

'988 Patent: See, e.g., Fig. 1; 4:28–
31, 4:62–63, 5:26–27, 5:51–53

But if construed:
Devices utilizing the IEEE 802.11 standard and that can
be configured to provide wireless devices with network
connectivity.
"target area"

2489616

1

A targeted geographic area.

'988 Patent: See, e.g., Abstract;
4:28–31, 5:27–29, 7:39–44

-2-

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"database records"

Claims
1

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'988 Patent: See, e.g., Abstract;
4:31–40, 5:66–6:1

Proposed Construction
Does not need to be construed.
But if construed:

Extrinsic Evidence: See, e.g.,
Newton's Telecom Dictionary: The
Official Dictionary of
Telecommunications Networking and
the Internet (16th ed., 2000):
database, record; The IEEE Standard
Dictionary of Electrical and
Electronics Terms (6th ed., 1996):
database record; Merriam-Webster's
Collegiate Dictionary (10th ed.,
1995): record.

Data records stored in a database.

"substantially all Wi-Fi
access points"

See "Wi-Fi access points."

"calculated position
information"

2489616

1

1

Substantially all observed Wi-Fi access points.

'988 Patent: See, e.g., Abstract;
4:31–40, 5:27–34, 5:66–6:1, 6:35–37,
7:35–55, 8:44–47, 10:21–23, 11:35–
45

Estimated physical position of the observed Wi-Fi access
point calculated using characteristics of its transmitted
signal.

'988 Patent: See, e.g., Abstract; Fig.
9; 4:31–40, 5:14–15, 5:53–6:7, 7:39–
52, 8:63–9:2, 11:64–12:20, 12:29–
13:31

-3-

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"reference symmetry"

Claims
1

Proposed Construction
From the perspective of a user whose location is being
calculated, the calculated positions of observed Wi-Fi
access points in range of the user tend to be distributed
around the user with reduced arterial bias.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'988 Patent: See, e.g., Abstract; Figs.
5, 6, 11; 4:31–40, 5:4–8, 5:17–20,
9:51–10:4
'988 Patent Prosecution History:
See, e.g., SKYFED001212–1222
Extrinsic Evidence: See, e.g.,
Merriam-Webster's Collegiate
Dictionary (10th ed., 1995):
symmetry.

"arterial bias"

1

The deviation of the calculated position information for a
Wi-Fi access point towards heavily trafficked roads and
away from the actual geographic location of the access
point.

'988 Patent: See, e.g., Abstract; Figs.
3, 4, 11; 3:12–18, 4:31–40, 4:66–5:3,
5:17–20, 7:55–8:59, 9:2–21, 9:51–
10:4
'988 Patent Prosecution History:
See, e.g., SKYFED001212–1222

2489616

-4-

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"recording multiple
readings of the Wi-Fi
access point at different
locations around the WiFi access point so that
the multiple readings
have reference
symmetry relative to
other Wi-Fi access
points in the target area
and so that the
calculation of the
position of the Wi-Fi
access point avoids
arterial bias in the
calculated position
information"

Claims

Proposed Construction

1

Multiple scans of a Wi-Fi access point are recorded. The
scans are taken at different locations around the Wi-Fi
access point. This results in the following: (1) the
multiple readings produce reference symmetry relative to
other Wi-Fi access points in the target area and (2) the
calculated position of the Wi-Fi access point reduces the
effects of arterial bias.

"logic to recalculate
position information for
Wi-Fi access points
previously stored in the
database to utilize
position information for
the newly-discovered
readings of previously
stored Wi-Fi access
points"

1

See "Wi-Fi access points," "reference symmetry,"
"avoids arterial bias," and "calculated position
information."

Software and/or hardware to recalculate position
information for Wi-Fi access points previously stored in
the database. This recalculation utilizes new position
information for such Wi-Fi access points calculated using
scans taken after the previously stored Wi-Fi access
points were stored.
See "Wi-Fi access points."
This is not a means plus function claim element.
If the Court were to construe this claim element as a

2489616

-5-

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'988 Patent: See, e.g., Abstract; Figs.
3–6, 11; 4:31–40, 4:66–5:8, 5:17–20,
8:28–59, 9:2–21, 9:51–10:4
'988 Patent Prosecution History:
See, e.g., SKYFED001212–1222
Extrinsic Evidence: See, e.g.,
Merriam-Webster's Collegiate
Dictionary (10th ed., 1995): avoid,
symmetry.

'988 Patent: See, e.g., Figs. 8, 9;
4:40–46, 5:11–13, 5:37–41, 12:29–38
Extrinsic Evidence: See, e.g., Steven
M. Kaplan, Wiley Electrical and
Electronics Engineering Dictionary
(2004): logic; Newton's Telecom
Dictionary: The Official Dictionary
of Telecommunications Networking
and the Internet (16th ed., 2000):
database; The American Heritage
College Dictionary (3rd ed., 1997):

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

Proposed Construction
means plus function claim element, then Skyhook
identifies the following corresponding structure:
12:24–38
"An additional enhancement to the algorithm would
include a weighting value based on the age of the records
such that new records represent a more significant
indication of the present location for a given access
point.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
logic; IBM Dictionary of Computing
(10th ed., 1994): logic; McGraw-Hill
Dictionary of Scientific and
Technical Terms (4th ed., 1989):
logic.

Once the parsing process has been completed the central
network system . . . begins processing the new data. . . .
2) existing access points are repositioned based on any
new data recorded by the scanners. The . . . algorithm
factors in the number of records and their associated
signal strengths to weight stronger signal readings more
than weaker signals with a quasi weighted average
model."
"computer-implemented
logic to add records to
the database for newlydiscovered Wi-Fi access
points"

1

Computer-implemented software and/or hardware to add
data records to the database for newly-discovered Wi-Fi
access points.
See "Wi-Fi access points" and "database records."
This is not a means plus function claim element.
If the Court were to construe this claim element as a
means plus function claim element, then Skyhook

2489616

-6-

'988 Patent: See, e.g., Figs. 8, 9;
4:40–46, 5:11–13, 5:37–41, 12:29–38
Extrinsic Evidence: See, e.g., Steven
M. Kaplan, Wiley Electrical and
Electronics Engineering Dictionary
(2004): logic; Newton's Telecom
Dictionary: The Official Dictionary
of Telecommunications Networking
and the Internet (16th ed., 2000):

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

"computer-implemented
clustering logic to
identify position
information based on
error prone GPS
information"

2

Preliminary Identification of
Intrinsic and Extrinsic Evidence
identifies the following corresponding structure:
database, record; The American
Heritage College Dictionary (3rd ed.,
12:29–38
1997): logic; The IEEE Standard
Dictionary of Electrical and
"Once the parsing process has been completed the central Electronics Terms (6th ed., 1996):
network system . . . begins processing the new data.
database record; Merriam-Webster's
During this process 1) new access points are added to the Collegiate Dictionary (10th ed.,
database and their physical location is calculated . . . .
1995): record; IBM Dictionary of
The . . . algorithm factors in the number of records and
Computing (10th ed., 1994): logic;
their associated signal strengths to weight stronger signal McGraw-Hill Dictionary of Scientific
readings more than weaker signals with a quasi weighted and Technical Terms (4th ed., 1989):
average model."
logic.
Proposed Construction

Computer-implemented software and/or hardware to
identify when position information for a Wi-Fi access
point based on GPS readings is likely to be erroneous.
The software and/or hardware identifies position
information that is not located within a certain threshold
distance of other position information for the Wi-Fi
access point.
This is not a means plus function claim element.
If the Court were to construe this claim element as a
means plus function claim element, then Skyhook
identifies the following corresponding structure:

'988 Patent: See, e.g., Figs. 8, 9;
4:47–49, 5:11–13, 11:64-12:20
Extrinsic Evidence: See, e.g., Steven
M. Kaplan, Wiley Electrical and
Electronics Engineering Dictionary
(2004): logic; The American Heritage
College Dictionary (3rd ed., 1997):
logic; IBM Dictionary of Computing
(10th ed., 1994): logic; McGraw-Hill
Dictionary of Scientific and
Technical Terms (4th ed., 1989):
logic.

12:1-12:10
"In some cases the GPS receiver may record erroneous or

2489616

-7-

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

Preliminary Identification of
Intrinsic and Extrinsic Evidence

Proposed Construction
error records for some period of time, which could
negatively affect the final access point location
calculation. The parser and filter process identifies these
bad records and either corrects them or removes them
from the system. The filtering process users clustering
techniques to weed out error prone GPS readings. For
example, if 90% of the readings are within 200 meters of
each other but the remaining 10% of the readings are 5
kilometers away then those outliers are removed by the
filter . . . ."

"logic to determine a
weighted centroid
position for all position
information reported for
an access point"

3

Software and/or hardware to determine a weighted
centroid position for a Wi-Fi access point. The weighted
centroid position is determined using all position
information reported for that Wi-Fi access point.
See "weighted centroid position" and "Wi-Fi access
points."
This is not a means plus function claim element.
If the Court were to construe this claim element as a
means plus function claim element, then Skyhook
identifies the following corresponding structure:
12:11–13
"In particular, the system first calculates the weighted
centroid for the access point using all reported data."

2489616

-8-

'988 Patent: See, e.g., Figs. 8, 9;
4:50–57, 5:11–13, 11:64–13:31
'988 Patent Prosecution History:
See, e.g., SKYFED001306–1320
Extrinsic Evidence: See, e.g.,
SKYFED000128–145; Steven M.
Kaplan, Wiley Electrical and
Electronics Engineering Dictionary
(2004): logic; Webster's Third New
International Dictionary Unabridged
(2002): weighted average; The
American Heritage College
Dictionary (3rd ed., 1997): logic;
IBM Dictionary of Computing (10th
ed., 1994): logic; McGraw-Hill
Dictionary of Scientific and
Technical Terms (4th ed., 1989):

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

Proposed Construction
12:34–44
"The . . . algorithm factors in the number of records and
their associated signal strengths to weight stronger signal
readings more than weaker signals with a quasi weighted
average model.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
logic, weighted average; Van
Nostrand's Scientific Encyclopedia
Vol. 2 (7th ed., 1989): weighting.

During data gathering, a WPS user is equipped with a
Wi-Fi receiver device which measures Received Signal
Strength (RSS) from all the available Wi-Fi access
points, and then extracts location information of
corresponding access points."
"logic to identify
position information that
exceeds a statisticallybased deviation
threshold amount away
from the centroid
position"

3

Software and/or hardware to identify position
information whose distance from the centroid position
exceeds a certain threshold distance. This threshold
distance is based on the distribution of the position
information used to calculate the centroid position.
See "weighted centroid position."
This is not a means plus function claim element.
If the Court were to construe this claim element as a
means plus function claim element, then Skyhook
identifies the following corresponding structure:
12:11–17
"In particular, the system first calculates the weighted

2489616

-9-

'988 Patent: See, e.g., Figs. 8, 9;
4:50–57, 5:11–13, 12:11–17
Extrinsic Evidence: See, e.g., Steven
M. Kaplan, Wiley Electrical and
Electronics Engineering Dictionary
(2004): deviation, logic; Newton's
Telecom Dictionary: The Official
Dictionary of Telecommunications
Networking and the Internet (16th
ed., 2000): threshold; The American
Heritage College Dictionary (3rd ed.,
1997): deviation, logic; MerriamWebster's Collegiate Dictionary (10th
ed., 1995): deviation, threshold; IBM
Dictionary of Computing (10th ed.,
1994): logic; McGraw-Hill

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

"calculated positions of
the Wi-Fi access points"

Claims

3

Proposed Construction
centroid for the access point using all reported data. It
then determines the standard deviation based on the
distribution of the reported locations. The system uses a
definable threshold based on the sigma of this
distribution to filter out access points that are in error."
Estimated physical positions of the observed Wi-Fi
access points calculated using characteristics of their
transmitted signals.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
Dictionary of Scientific and
Technical Terms (4th ed., 1989):
logic, threshold.

'988 Patent: See, e.g., Abstract; Fig.
9; 4:50–57, 5:14–15, 5:66–6:1, 7:39–
52, 8:63–9:2, 11:64–12:20, 12:29–
13:31

See "Wi-Fi access points."
"the clustering logic . . .
excludes such deviating
position information
from the database and
from influencing the
calculated positions of
the Wi-Fi access points"

2489616

3

The software and/or hardware excludes such deviating
position information from being stored in the database of
WiFi access points. Such deviating position information
is not used to determine the calculated positions of the
Wi-Fi access points.

'988 Patent: See, e.g., Figs. 8, 9;
4:50–57, 5:11–15, 5:37–41, 11:64–
12:38

Extrinsic Evidence: See, e.g., Steven
M. Kaplan, Wiley Electrical and
See "computer-implemented clustering logic . . . " and
Electronics Engineering Dictionary
"Wi-Fi access points."
(2004): deviation, logic; Newton's
Telecom Dictionary: The Official
This is not a means plus function claim element.
Dictionary of Telecommunications
Networking and the Internet (16th
If the Court were to construe this claim element as a
ed., 2000): database; The American
means plus function claim element, then Skyhook
Heritage College Dictionary (3rd ed.,
identifies the following corresponding structure:
1997): deviation, logic; MerriamWebster's Collegiate Dictionary (10th
12:1–12:19
ed., 1995): deviation; IBM Dictionary
of Computing (10th ed., 1994): logic;
"In some cases the GPS receiver may record erroneous or
McGraw-Hill Dictionary of Scientific
error records for some period of time, which could
and Technical Terms (4th ed., 1989):
negatively affect the final access point location

- 10 -

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

Proposed Construction
calculation. The parser and filter process identifies these
bad records and either corrects them or removes them
from the system. The filtering process users clustering
techniques to weed out error prone GPS readings. For
example, if 90% of the readings are within 200 meters of
each other but the remaining 10% of the readings are 5
kilometers away then those outliers are removed by the
filter . . . . In particular, the system first calculates the
weighted centroid for the access point using all reported
data. It then determines the standard deviation based on
the distribution of the reported locations. The system
uses a definable threshold based on the sigma of this
distribution to filter out access points that are in error.
Once these error records are marked, the centroid is
recalculated with the remaining location records to
determine the final centroid . . . ."

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- 11 -

Preliminary Identification of
Intrinsic and Extrinsic Evidence
logic.

EXHIBIT C TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Exhibit D
U.S. Patent No. 7,474,897
Term or Phrase for
Construction
"WiFi access points"

Claims
1, 3, 4

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'897 Patent: See, e.g., Fig. 1; 4:36–
39, 5:12–13, 5:30, 6:50–53

Proposed Construction
Does not need to be construed.
But if construed:
Devices utilizing the IEEE 802.11 standard and that can
be configured to provide wireless devices with network
connectivity.

"a WiFi-enabled device
communicating with
WiFi access points
within range of the
WiFi-enabled device so
that observed WiFi
access points identify
themselves"

2489616

1

A user device having a Wi-Fi radio communicates with
Wi-Fi access points within range of the user device.
Communications received by the user device include an
identifier (e.g., a MAC address) for observed Wi-Fi
access points.

'897 Patent: See, e.g., Figs. 1, 3;
4:43–47, 5:12–13, 5:16–17, 5:65–
67, 6:13–16, 6:53–60, 7:4–8, 7:13–
26
Extrinsic Evidence: See, e.g., The
American Heritage College
Dictionary (3rd ed., 1997):
communicate; The IEEE Standard
Dictionary of Electrical and
Electronics Terms (6th ed., 1996):
communication; Merriam-Webster's
Collegiate Dictionary (10th ed.,
1995): communicate; McGraw-Hill
Dictionary of Scientific and
Technical Terms (4th ed., 1989):
communication.

See "WiFi access points."

-1-

EXHIBIT D TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"using the recorded
location information for
each of the observed
WiFi access points in
conjunction with
predefined rules to
determine whether an
observed WiFi access
point should be included
or excluded from a set of
WiFi access points"

"recorded location
information"
"rules to determine a
reference point and to
compare the recorded
location information for
each of the observed
WiFi access points to
the reference point"

Claims
1

Proposed Construction
Does not need to be construed.
But if construed:
Predefined rules are used to determine whether each
observed WiFi access point should be included or
excluded from a set of WiFi access points that is to be
used to calculate location. The predefined rules consider
recorded location information for each of the observed
WiFi access points.
See "recorded location information" and "WiFi access
points."

1, 3

3

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'897 Patent: See, e.g., Figs. 5, 6;
4:35–42, 4:50–52, 5:20–23, 5:37–
43, 5:65–6:12, 7:34–52, 9:11–16,
10:6–23
Extrinsic Evidence: See, e.g.,
Webster's Third New International
Dictionary Unabridged (2002):
predefine; Merriam-Webster's
Collegiate Dictionary (10th ed.,
1995): rule.

Estimated physical location of Wi-Fi access points
calculated using characteristics of signals transmitted by
such Wi-Fi access points.

'897 Patent: See, e.g., Abstract; Fig.
1; 4:50–58, 4:63–5:4, 5:12–13,
7:30–34

Does not need to be construed.

'897 Patent: See, e.g., Fig. 6; 4:63–
5:4, 5:22–23, 5:65–6:12, 8:52–10:3

But if construed:
Rules that (1) first determine a reference point and (2)
then compare the recorded location information for each
of the observed WiFi access points to the reference point.

Extrinsic Evidence: See, e.g.,
Merriam-Webster's Collegiate
Dictionary (10th ed., 1995):
reference, rule.

See "recorded location information" and "WiFi access
points."
This is not a step plus function claim element.

2489616

-2-

EXHIBIT D TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

Preliminary Identification of
Intrinsic and Extrinsic Evidence

Proposed Construction
If the Court were to construe this claim element as a
means plus function claim element, then Skyhook
identifies the following corresponding structure:
8:58–64
"The process for identifying suspect access points for a
no-history location estimation is based on the location of
the biggest cluster of the access points stored in the
database. The location of all the observed access points
that are recorded in the Access Point Reference Database
is considered and the average location of the biggest
cluster of access points is used as the reference point."
9:10–26
"If the distance of any individual access point to the
reference point is calculated to be more than a given
distance, it is ruled as a suspect access point and recorded
in the Feedback File to be sent back to the Access Point
Reference Database. Those suspect access points are then
removed from the list of access points used to calculate
the location of the user device.
Identifying suspect access points for a client device when
there is a history of user movement is based on the
previous location of the client device. An exemplary
implementation of this determination is shown in FIG. 6.
In an embodiment where there is location history, the
client device location calculation is calculated

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-3-

EXHIBIT D TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction

Claims

Preliminary Identification of
Intrinsic and Extrinsic Evidence

Proposed Construction
continuously every period of time, usually once every
second. If the distance of any individual observed access
point [602] to that historical reference point (the prior
location calculation) is more than a given distance [603],
then it is ruled as a suspect access point, added to the
Feedback File and removed from calculation."

"WiFi access points
having a recorded
location within a
predefined threshold
distance of the reference
point"

2489616

3

WiFi access points having a recorded location that is
within a certain distance of the reference point. That
distance was previously defined.

'897 Patent: See, e.g., Fig. 6; 4:63–
5:4, 5:22–23, 8:52–10:3
Extrinsic Evidence: See, e.g.,
Webster's Third New International
Dictionary Unabridged (2002):
predefine; Newton's Telecom
Dictionary: The Official Dictionary
of Telecommunications Networking
and the Internet (16th ed., 2000):
threshold; Merriam-Webster's
Collegiate Dictionary (10th ed.,
1995): reference, threshold;
McGraw-Hill Dictionary of
Scientific and Technical Terms (4th
ed., 1989): threshold.

See "WiFi access points."

-4-

EXHIBIT D TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Term or Phrase for
Construction
"WiFi access points
having a recorded
location in excess of the
predefined threshold
distance of the reference
point"

2489616

Claims

Proposed Construction

3

WiFi access points having a recorded location that
exceeds a certain distance from the reference point. That
distance was previously defined.

Preliminary Identification of
Intrinsic and Extrinsic Evidence
'897 Patent: See, e.g., Fig. 6; 4:63–
5:4, 5:22–23, 8:52–10:3
Extrinsic Evidence: See, e.g.,
Webster's Third New International
Dictionary Unabridged (2002):
predefine; Newton's Telecom
Dictionary: The Official Dictionary
of Telecommunications Networking
and the Internet (16th ed., 2000):
threshold; Merriam-Webster's
Collegiate Dictionary (10th ed.,
1995): reference, threshold;
McGraw-Hill Dictionary of
Scientific and Technical Terms (4th
ed., 1989): threshold.

See "WiFi access points."

-5-

EXHIBIT D TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS

Exhibit E
Agreed Constructions
Term or Phrase for Construction
"triggering the Wi-Fi device to transmit a request to
all Wi-Fi access points within range of the Wi-Fi
device"

Claims
'245/1

Agreed Construction
Causing the Wi-Fi device to actively search for Wi-Fi access points.
The Wi-Fi device transmits a request to all Wi-Fi access points
within range of the Wi-Fi device to identify themselves.

"a radius on the order of tens of miles"

'694/1

A radius of ten miles or more but fewer than a hundred miles.

'988/1
"identification information for a corresponding WiFi access point"

'694/1

An identifier (e.g., a MAC address) for a corresponding Wi-Fi
access point.

'988/1

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EXHIBIT E TO SKYHOOK'S SECOND AMENDED PRELIMINARY CLAIM
CONSTRUCTIONS