Datatreasury Corporation v. Wells Fargo & Company et al

Filing 776

CLAIM CONSTRUCTION BRIEF filed by Datatreasury Corporation re #742 Claim Construction Brief,,,,,,. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)(Cooper, Rodney)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 776 Att. 5

Case 2:06-cv-00072-DF-CMC

Document 776

Filed 08/23/2007

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EXHIBIT E

Dockets.Justia.com

Case 2:06-cv-00072-DF-CMC

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Filed 08/23/2007

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EXHIBIT E AGREED CONSTRUCTIONS

`007 PATENT
Claim Term Claim 1 The "means for sending" includes a further means-plus-function limitation of "means for physically transporting the instruments from an institution at one site to each other of the institutions at the other sites" subject to 35 U.S.C. § 112(6) Function: Physically transporting the instruments from an institution at one site to each other of the institutions at the other sites. Corresponding Structure: Air and/or ground transportation. Agreed Construction

"financial instrument"

A document in writing by which some financial obligation by one person to pay another is represented, such as a check, paper, cash items, money orders, share orders, drafts, notes, bonds, coupons. Inside.

"within"

`868 PATENT
Claim Term Claim 1 "financial instrument" A document in writing by which some financial obligation by one person to pay another is represented, such as a check, paper, cash items, money orders, share orders, drafts, notes, bonds, coupons. Agreed Construction

Claim 2 "identifying information" Data contained in the data file that identifies the originating or receiving institution.

Plaintiff's Claim Construction Reply Brief ­ Exhibit E

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`759 PATENT
Claim Term Claim 1 "financial instrument" A document in writing by which some financial obligation by one person to pay another is represented, such as a check, paper, cash items, money orders, share orders, drafts, notes, bonds, coupons. Standards set by the payee's collecting and clearing bank for submitting financial instruments into the payment system. The system by which checks are collected and cleared among banks. The check payment system includes institutions such as the Federal Reserve Banks, correspondent banks, The National Clearinghouse Association and like mechanisms. A machine well-known in the industry for sorting instruments into discrete groups. Agreed Construction

"parameters determined by the payee's collecting and clearing bank"

"check payment system"

"sorter"

"cash letters"

A listing of checks and the amounts of the checks drawn on a particular institution or group of institutions in a particular area. Separate groups that are determined by predetermined sort patterns and/or instructions from the payee's collecting and clearing bank.

"discrete groups"

"a central processing unit and communication link providing a coordination between the payee and the payee's collecting and clearing bank which predetermines the timing and monitors the transport of the sorted instruments and the cash letters associated therewith and coordinates the recordation of the deposit of the funds represented by the instruments with the collecting and clearing bank in a sequence coordinated with the timing of a settlement of accounts in the check

A central processing unit and communication link that: (1) ensure cooperation in a common action or effort between the payee and the payee's collecting and clearing bank; (2) determine the timing in advance of the transport and monitor the transport of the sorted instruments and the associated cash letters; and (3) control when funds are credited to the payee's

Plaintiff's Claim Construction Reply Brief ­ Exhibit E

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Claim Term payment system."

Agreed Construction account at the collecting and clearing bank, dependent upon the timing of receiving notification that an instrument was settled through the payment system.

Claim 11 "parameters determined by the bank of subsequent deposit" "bank of first deposit" "reporting to the respective banks and payee information in the cash letters" Standards set by the bank of subsequent deposit for submitting financial instruments into the payment system. The payee's depository bank. Reporting to the respective banks and payee, information in the cash letters

`778 PATENT
Claim Term Claim 1 "financial instrument" A document in writing by which some financial obligation by one person to pay another is represented, such as a check, paper, cash items, money orders, share orders, drafts, notes, bonds, coupons. Information that ensures proper routing through the payment system. A machine well-known in the industry for sorting instruments into discrete groups. A form or invoice containing relevant information about the identity of the payor and the purpose of the payment to the payee. Agreed Construction

"routing information" "sorter" "payment stub identifier"

"in accordance with predetermined criteria established by the bank"

According to criteria established in advance by the bank.

Plaintiff's Claim Construction Reply Brief ­ Exhibit E

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Claim Term "process control instructions"

Agreed Construction Commands to control communication between the payee, the depository bank, and the payment system. A central control/processor unit coordinates and synchronizes communications. Electronic information, the equivalent of a cash letter, is included with each electronic bundle.

"controller for controlling and coordinating transmissions" "associating said bundles with electronic cash letter information"

"payee's depository bank"

The bank of first deposit where payee has an account, and where the physical instruments would otherwise be delivered, had it not been processed at the payee's location. Record generated by adding document identifiers and routing information to the first information record of each instrument. An electronic reader that reads at least MICR data

"unique record"

"scanner"

Claim 5 "coordinating the delivery of the instruments and cash letters into the payment system" "payment form" Controlling the timing of transport of the instruments and cash letters into the payment system. A payment stub or invoice containing information about the payor's account with the payee, or an order form or the like containing relevant information about the identity of the payor and the purpose of the payment, which usually accompany instruments sent by payor. A central control/processor unit coordinates and synchronizes communications.

"coordinating the transmissions of information"

Plaintiff's Claim Construction Reply Brief ­ Exhibit E

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