Software Rights Archive, LLC v. Google Inc. et al

Filing 318

CLAIM CONSTRUCTION CHART filed by Software Rights Archive, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(DiNovo, Andrew)

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Software Rights Archive, LLC v. Google Inc. et al Doc. 318 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SOFTWARE RIGHTS ARCHIVE, LLC § § Plaintiff, § § v. § § § GOOGLE INC., YAHOO! INC., § IAC SEARCH & MEDIA, INC., AOL LLC, § and LYCOS, INC. § § Defendants. § § § Civil Action No. 2:07-CV-511 (CE) JURY TRIAL DEMANDED PARTIES' LOCAL PATENT RULE 4-3 JOINT CLAIM CONSTRUCTIONS AND SUPPORTING EVIDENCE Pursuant to Patent Rule 4-3 of the Rules of Practice for Patent Cases and the Court's Docket Control Order as amended by the Court's Order Granting Unopposed Motion to Further Extend Certain Scheduling Deadline dated June 23rd, 2010, the parties hereby submit this Joint Claim Construction and Prehearing Statement. A. PATENT L.R. 4-3(a): UNDISPUTED CLAIM TERMS, PHRASES, OR CLAUSES The parties have agreed that certain phrases (identified by the phrase "AGREED CONSTRUCTION") should be construed as proposed by the parties in the chart attached hereto as Exhibit A. The parties further agree that any claim terms, phrases, or clauses for which no construction is provided should be given their ordinary meaning as understood by a person of ordinary skill in the respective art of each patent and do not require construction by the Court. 1 Dockets.Justia.com B. PATENT L.R. 4-3(b): PROPOSED CONSTRUCTION OF DISPUTED CLAIM TERMS, PHRASES, OR CLAUSES Exhibit B details disputed patent claim terms, phrases, or clauses for which Plaintiff and Defendants propose different constructions. The parties request construction of these claim terms, phrases, or clauses by the Court. The parties have set forth in Exhibits C and D the intrinsic and extrinsic evidence they each may rely on in support of their respective proposed constructions. 1 Plaintiff may submit expert declarations in support of its claim construction positions or in rebuttal to Defendants' claim construction evidence, and Defendants are considering submitting rebuttal expert declarations in support of their claim construction positions. The parties reserve their right to depose any expert who provides a declaration. C. PATENT L.R. 4-3(c): ANTICIPATED LENGTH OF CLAIM CONSTRUCTION HEARING Plaintiff proposes that the parties receive 180 minutes per side for oral argument on claim construction issues, or no more than 6 hours total for the Claim Construction Hearing on November 10, 2010. Defendants suggest that approximately 4 hours, or 2 hours per side, will be needed for the hearing. 1 Each party also reserves the right to rely on the intrinsic and/or extrinsic evidence cited by any other party in support of its proposed constructions. In addition, because Plaintiff has requested from Defendants, but have not yet received, specific categories of materials that may be relevant to claim construction. Plaintiff reserves the right to revise, supplement, and/or amend this Claim Construction and Prehearing Statement after these materials have been produced. In addition, because Defendants have requested, and have not yet received, certain discovery from Plaintiff, Defendants also reserve the right to revise, supplement, and/or amend this Claim Construction and Prehearing Statement after these materials have been produced. 2 D. PATENT L.R. 4-3(d): WITNESSES TO BE CALLED AT THE CLAIM CONSTRUCTION HEARING The parties anticipate that witnesses, including, but not limited to, expert witnesses, will not be called at the Claim Construction Hearing. E. PATENT L.R. 4-3(e): ISSUES FOR A PREHEARING CONFERENCE The parties agree that there are no other issues that need to be taken up at a prehearing conference prior to the Claim Construction Hearing. DATED: July 16, 2010 Respectfully Submitted, /s/ Andrew G. DiNovo Lee L. Kaplan LEAD ATTORNEY State Bar No. 11094400 SMYSER KAPLAN & VESELKA, L.L.P. 700 Louisiana, Suite 2300 Houston, TX 77002 (713) 221-2323 (713) 221-2320 (fax) lkaplan@skv.com Victor G. Hardy State Bar No. 00790821 (Admitted Pro Hac Vice) Andrew G. DiNovo State Bar No. 00790594 Adam G. Price State Bar No. 24027750 Jay D. Ellwanger State Bar No. 24036522 DINOVO PRICE ELLWANGER & HARDY LLP 7000 N. MoPac Expressway, Suite 350 Austin, Texas 78731 (512) 539-2626 (512) 539-2627 (fax) adinovo@dpelaw.com 3 Of counsel: S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 BROWN MCCARROLL, LLP 1127 Judson Road, Suite 220 P.O. Box 3999 Longview, TX 75606-3999 (903) 236-9800 (903) 236-8787 (fax) ccapshaw@mailbmc.com Robert M. Parker State Bar No. 15498000 Robert C. Bunt State Bar No. 00787165 Charles Ainsworth State Bar No. 0078352 PARKER, BUNT & AINSWORTH, P.C. 100 East Ferguson, Suite 1114 Tyler, Texas 75702 (903) 531-3535 (903) 533-9687 (fax) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on all counsel of record via electronic mail on this 16th day of July, 2010. /s/ Andrew G. DiNovo Andrew G. DiNovo 4

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