ESN LLC v. Cisco Systems, Inc. et al

Filing 83

CLAIM CONSTRUCTION SUR-REPLY BRIEF filed by Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 Exhibit R, # 2 Exhibit S, # 3 Exhibit T, # 4 Exhibit U)(Smith, Kevin)

Exhibit R

Kevin Smith
From : Sent : To: Cc: Sayuri Sharper Thursday, January 29, 2009 3:30 PM '[e-mail]'; '[e-mail]' Victoria Maroulis

Subject : ESN v. Cisco: claim construction

Dear Pete and Jerry: This email summarizes our telephone conversation yesterday with regard to the parties' preliminary claim construction.

ESN and Cisco agree to the constructions of the following terms: Claim Terms
comprising claims 9, 16 IP data claim 10 Voice-over-packet claim 16

Agreed Construction
Including. This term is inclusive or open-ended and does not exclude additional unrecited elements. Data that is formatted for routing in accordance with the Internet Protocol. Voice communication sent over a packet-switched network, such as Frame Relay, Internet Protocol and ATM

ESN and Cisco dispute the constructions of the following terms: Claim Terms network device claims 9, 10, 12, 16 SIP claims 9, 16 SIP agents claim 9 the instructions causing the network device to provide a SIP user agent to represent a non-SIP telephone that uses the telephone line interface claim 9 SIP proxy server that mediates all SIP communications over the broadband network interface involving the nonSIP telephone claim 9 system management platform claim 16 shared packet network claim 16 route telephone calls in a peer-to-peer fashion over the shared acket network claim 16 SIP proxy server for devices using the telephone line interface and for devices using the computer data interface claim 16 ESN will consider Cisco's proposed construction of the following terms, and may accept or propose alternative constructions to Cisco: Claim Terms mediates claim 9 Cisco's Proposed Construction Acts as an intermediary

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telephone line interface (claims Hardware subcomponent of the network device that is used to 19,16) 1 connect telephone stations that do not support IP protocols. non-SIP telephone Telephone station, i.e., terminal device that is used for voice claims 9 communications that does not support IP protocol. Cisco will consider ESN's proposed construction of "call log data", and may propose an alternative construction to ESN. ESN will consider Cisco's revised proposed construction for the following terms: Claim Terms Revised Proposed Construction

broadband network interface
(claims 9)

Hardware subcomponent of the network device that physically
connects it to the BROADBAND ACCESS NETWORK. The BROADBAND ACCESS NETWORK is the segment of an IP Carrier Network that bridges the "last mile" between the central office and the subscriber premise, It is designed to provide a relatively high-bitrate IP data path to the subscriber premise, with a minimum bit transfer rate of 128 Kbit/second for both directions. Examples of broadband network access technologies include Digital Subscriber Line (DSL), coaxial cable, T1 and Passive Optical Network PON . Hardware subcomponent of the network device that is used to connect one or more terminal devices to support bidirectional IP data communication between the network device and the terminal devices. An application which contains both a user agent client and user agent server that operates in accordance with IETF RFC 2543. A user agent client is a client application that initiates the SIP request. A user agent server is a server application that contacts the user when a SIP request is received and returns a response on behalf of the user. The response accepts, rejects or redirects the request. An intermediary program that acts as both a server and a client for the purpose of making SIP requests on behalf of other SIP clients in accordance with IETF RFC 2543. SIP requests are serviced internally or by passing them on, possibly after translation, to other servers. A SIP proxy server interprets, and, if necessary, rewrites a SIP request message before forwarding it. The forwarded SIP request message contains exactly the same "To", "From", "CallID" and "Contact" tags as the original SIP request received by the SIP proxy server. Note: the last line of this proposed construction is from para. 12.3.1 (page 98 o RFC 2543.

computer data interface (claims 9, 10, 16)

SIP user agent (claim 9)

SIP proxy server (claim 9, 16)

Please let me know if you have any questions, and when you would like to schedule a followup telephone call. Regards,

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Sayuri

Sayuri Sharper Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Direct : [phone] Main Phone : [phone] Main Fax : ( 650) 801-5100 E-mail: sayudsharper@q uinnemanuel.com Web: wwwAuinnemanuel.com The information contained in this e - mail message is intended only for the personal and confidential use of the recipient ( s) named above . This message may be an attorney - client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient , you are hereby notified that you have received this document in error and that any review, dissemination , distribution, or copying of this message is strictly prohibited . If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.

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