Function Media, L.L.C. v. Google, Inc. et al

Filing 73

NOTICE by Function Media, L.L.C. Joint P.R. 4-3 Statement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tribble, Max)

Function Media, L.L.C. v. Google, Inc. et al

Doc. 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C. Plaint iff, vs. GOOGLE INC. AND YAHOO!, INC. Defendants. § § § § § § § § §

Civil Action No. 2007-cv-279

JURY TRIAL DEMANDED

JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT

Pursuant to Eastern District of Texas Patent Rule 4-3, Plaintiff Function Media and Defendants Google Inc. and Yahoo!, Inc. hereby provide their Joint Claim Construction and Prehearing Statement. I. AGREED CLAIM CONSTRUCTIONS The parties have met and conferred regarding their Rule 4-2 Exchange and have agreed to the meaning of certain claim terms, phrases, or clauses, including the functions of certain of the means-plus-function terms in one of the patents-in-suit. These terms, and their agreed meanings, are set forth in Exhibit A (attached). II. DISPUTED CLAIM CONSTRUCTIONS Wit h respect to those terms, phrases, or clauses on which the parties could not reach agreement, the parties have set forth their respective proposed constructions, including the intrinsic and extrinsic evidence relied upon in support thereof, in Exhibit B (attached). The parties reserve the right to rely on and rebut any evidence cited by any party. The parties further reserve the right to offer expert testimony in accordance with the Court's Docket

Dockets.Justia.com

Control Order and rebuttal expert testimony on any claim term for which any party o ffers expert testimony. Furthermore, Defendants believe that additional intrinsic evidence that is likely to be relevant to claim construction is evolving through copending inter partes reexaminations pending before the United States Patent & Trademark Office. All parties reserve their rights to rely on materials from those reexaminations for purposes of claim construction here. III. ANTICIPATED LENGTH OF CLAIM CONSTRUCTION HEARING The parties believe that it would be appropriate for the Court to allocate six hours for the claim construction hearing, with three hours allocated to each side (including reserved rebuttal time). IV. CLAIM CONSTRUCTION LIVE WITNESSES The parties do not anticipate calling live witnesses at the claim construction hearing except as the Court may request. If so requested, Plaintiff would present the live testimony of Dr. V. Thomas Rhyne. Defendants would present the testimony o f Gene Kincaid (Yahoo!) and Roy Jenevein (Google). V. CLAIM CONSTRUCTION PREHEARING CONFERENCE The parties do not believe a claim construction prehearing conference is needed. Dated: January 30, 2009 Respect fully submitted, FISH & RICHARDSON P.C. By: /s/ Thomas B. Walsh, IV Juanita R. Brooks - Lead Attorney (CA SBN 75934) E-mail: [e-mail] Jason W. Wolff (CA SBN 215819) Respect fully submitted, SUSMAN GODFREY, LLP By: /s/ Max L. Tribble, Jr. Max L. Tribble, Jr. ­ Lead Attorney State Bar No. 20213950 email: [e-mail] SUSMAN GODFREY LLP 1000 Louisiana, Suite 5100 -2-

E-mail: [e-mail] Fish & Richardson P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Thomas B. Walsh, IV Texas Bar No. 00785173 E-mail: [e-mail] Fish & Richardson P.C. 5000 Bank One Center 1717 Main Street Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Harry L. Gillam, Jr. Texas Bar No. 07921800 E-mail: [e-mail] Melissa R. Smith Texas Bar No. 24001351 E-mail: [e-mail] GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, TX 75670 Telephone: [phone] Facsimile: [phone] COUNSEL FOR DEFENDANT AND COUNTER-CLAIMANT GOOGLE INC. WEIL GOTSHAL & MANGES By: /s/ Douglas E. Lumish Douglas E Lumish 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Email: [e-mail] COUNSEL FOR DEFENDANT AND COUNTER-CLAIMANT YAHOO!, INC.

Houston, Texas, 77002 Telephone: [phone] Facsimile: [phone]

OF COUNSEL: Joseph S. Grinstein State Bar No. 24002188 Email: [e-mail] SUSMAN GODFREY LLP 1000 Louisiana Street, Suite 5100 Houston, Texas 77002-5096 Telephone: [phone] Fax: [phone] COUNSEL FOR PLAINTIFF FUNCTION MEDIA, L.L.C.

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by electronic filing on all counsel of record, this 30th day o f January, 2009. /s/ Jeremy Brandon Jeremy Brandon

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