ESN LLC v. Cisco Systems, Inc. et al

Filing 90

JOINT CLAIM CONSTRUCTION CHART filed by ESN LLC, Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 Joint Claim Construction Chart)(Ward, Thomas)

P.R. 4-5(d) CLAIM CHART OF DISPUTED AND AGREED TERMS U.S. Patent 7,283,519 9. A network device comprising: Disputed Claim Terms network device (claims 9, 10, 12, 16) ESN's Proposed Constructions Cisco's Proposed Construction Court's Construction

A "network device" is a A single piece of equipment that collection of hardware and transmits and receives data over software, connected to a network, the broadband network. which together make up a single logical node on the network. Agreed Agreed Including. This term is inclusive or open-ended and does not exclude additional unrecited elements. Hardware subcomponent of the network device that physically connects it to the BROADBAND ACCESS NETWORK, and provides the electrical or optical signaling capability necessary to terminate broadband network access at a premise using, for example, Digital Subscriber Line (DSL), coaxial cable, T1 or Passive Optical Network (PON). The BROADBAND ACCESS NETWORK is the segment of an IP Carrier Network that bridges the "last

comprising (claims 9, 16)

a broadband network interface;

broadband network interface (claims 9, 16)

Agreed

Agreed

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U.S. Patent 7,283,519

Disputed Claim Terms

ESN's Proposed Constructions

Cisco's Proposed Construction

Court's Construction mile" between the central office and the subscriber premise. It is designed to provide a relatively highbitrate IP data path to the subscriber premise, with a minimum bit transfer rate of 128 Kbit/second in each direction.

a plurality of communication interfaces, including a telephone line interface and a computer data interface;

telephone line interface (claims 9, 16)

A "telephone line interface" is a hardware subcomponent that provides a physical interface for connecting non-IP telephones (telephones that do not natively support IP network signaling) to the network device. A "telephone line interface" converts device-level telephone signals to/from digitally encoded audio streams and digitally encoded device states (e.g., offhook, on-hook, and dialed digits.) A "computer data interface" is a hardware subcomponent of the network device that is used to connect one or more computer workstations to allow bidirectional IP data paths used

Hardware subcomponent of the network device that is used to connect telephone stations that do not support IP protocols.

computer data interface (claims 9, 16)

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

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U.S. Patent 7,283,519

Disputed Claim Terms

ESN's Proposed Constructions for common data transport to/from the one or more computer work stations.

Cisco's Proposed Construction terminal devices.

Court's Construction

a processor; a machine-readable storage medium that stores processorexecutable instructions to provide SIP agents,

SIP (claims 9, 16)

The term SIP is shorthand for Session Initiation Protocol, which is a communications protocol for creating, modifying and terminating sessions with one or more participants. These sessions may include Internet telephone calls, Internet multimedia conferences, and other types of multimedia distribution. A SIP agent is a software entity that provides a SIP function and acts on behalf of a person, thing or other software entity. A SIP user agent and a SIP proxy server are examples of SIP agents. A "SIP user agent" is a SIP network signaling endpoint.

Session Initiation Protocol as set forth in IETF RFC 2543

SIP agents (claim 9)

This term is indefinite, as it is neither used nor defined in the specification, it does not have an ordinary meaning, and it is not a term of art that is discernable to one of ordinary skill in the art. An application which contains both a user agent client and user agent server that operates in accordance with IETF RFC 2543.

the instructions causing the network device to provide a SIP user agent to represent a non-SIP telephone that uses the telephone line

SIP user agent (claim 9)

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U.S. Patent 7,283,519 interface, and

Disputed Claim Terms non-SIP telephone (claim 9)

ESN's Proposed Constructions Agreed

Cisco's Proposed Construction Agreed

Court's Construction Telephone station, i.e., terminal device that is used for voice communications that does not support IP protocol.

the instructions causing the network device to provide a SIP user agent to represent a nonSIP telephone that uses the telephone line interface (claim 9)

The instructions cause the network device to provide a "SIP user agent" (a "SIP user agent" is a SIP network signaling endpoint) for the purpose of representing a non-IP telephone that is attached to the network device through the telephone line interface. Because the non-IP telephone is not natively capable of direct participation in SIP communications, it relies on the SIP user agent (provided by the network device) to participate in SIP communications on its behalf, thereby enabling the nonSIP telephone to indirectly participate in SIP communications.

Software in the network device provides each telephone station attached to the telephone line interface with a SIP user agent to perform all the required SIP signaling in accordance with IETF RFC 2543.

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U.S. Patent 7,283,519 the instructions further causing the network device to implement a SIP proxy server that mediates all SIP communications over the broadband network interface involving the non-SIP telephone.

Disputed Claim Terms SIP proxy server (claim 9, 16)

ESN's Proposed Constructions A "SIP proxy server" is 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 such as a SIP user agent. SIP requests are serviced internally or by passing them on, possibly after translation, to other servers. A SIP proxy interprets, and, if necessary, rewrites a SIP request message before forwarding it. Note: ESN does not believe it is helpful to construe the term "mediates" in isolation. ESN construes "mediates" in the context of the complete phrase "SIP proxy server that mediates all SIP communications over the broadband network interface involving the non-SIP telephone."

Cisco's Proposed Construction An intermediary program that acts as both a server and a client for the purpose of making requests on behalf of other SIP clients in accordance with IETF RFC 2543.

Court's Construction

mediates (claim 9)

Acts as an intermediary.

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U.S. Patent 7,283,519

Disputed Claim Terms SIP proxy server that mediates all SIP communications over the broadband network interface involving the non-SIP telephone (claim 9)

ESN's Proposed Constructions The instructions cause the network device to implement a SIP proxy server that acts as an intermediary for SIP communications between a SIP user agent representing a non-SIP telephone attached to the telephone line interface and a remote SIP endpoint (e.g., telephone) accessible by way of routing SIP communications over the broadband network interface. The requirement that the "SIP proxy server mediate all SIP communications over the broadband network interface involving the non-SIP telephone" means that the SIP proxy server must control SIP telephone call sessions involving the non-SIP telephone by (1) making SIP signaling events available to a telephone call control function and (2) translating E.164 numbers into IP addresses (as required to establish SIP call sessions).

Cisco's Proposed Construction "SIP", "SIP Proxy Server", "mediates", and "non-SIP telephone" as construed above; "broadband network interface" as construed by the parties' agreement; ordinary meaning for rest of phrase.

Court's Construction

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U.S. Patent 7,283,519 10. The network device of claim 9, wherein the computer data interface passes IP data.

Disputed Claim Terms Network device, see claim 9

ESN's Proposed Constructions

Cisco's Proposed Construction

Court's Construction

IP data (claim 10)

Agreed

Agreed

Data that is formatted for routing in accordance with the Internet Protocol.

12. The network device of claim 9, wherein the network device is contained in a single physical enclosure. 16. A method for establishing a voiceover-packet network architecture, the method comprising: locating a system management platform in a shared packet network, the system management platform collecting call log data from a plurality of network devices; and

Network device, see claim 9

voice-over-packet (claim 16)

Agreed

Agreed

Voice communication sent over a packet-switched network, such as Frame Relay, Internet Protocol and ATM.

system management platform (claim 16)

A "system management platform" is deployed in the shared packet network. The system management platform generally does not participate in voice communications with the network devices, but provides a supporting, administrative role, including collecting call log data from the network devices. -7-

Platform, installed in a carrier central office or equivalent, that provides provisioning, configuration, management and active monitoring of network devices

U.S. Patent 7,283,519

Disputed Claim Terms

ESN's Proposed Constructions

Cisco's Proposed Construction

Court's Construction

shared packet network (claim 16)

A "shared packet network" uses packet switching (in contrast to circuit switching) to communicate data (for example, text, sound or video data). Packet switching is a network communications method that splits data into smaller bundles of data, called packets, that are then routed over a network that is shared with other data traffic. Each packet is labeled with its intended destination and a sequence number to allow the packets to be reassembled in the proper order when they reach their destination. The Internet is an example of a shared packet network. Agreed

Packet network owned and operated by a telecommunications carrier that is shared by a public subscriber base.

call log data (claim 16)

Agreed

A record of information about calls, such as the identity of the originator of the call (e.g., phone number or other identifier), the identity of the recipient of the call (e.g., phone number or other identifier), when the call

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U.S. Patent 7,283,519

Disputed Claim Terms

ESN's Proposed Constructions

Cisco's Proposed Construction

Court's Construction started (date and time) and/or the duration of the call.

distributing the plurality of network devices that each include a telephone line interface, a computer data interface, a broadband network interface terminating a link from the shared packet network, a processor, and a machinereadable storage medium storing processorexecutable instructions to control telephone calls, the instructions causing each network device to route telephone calls in a peer-to-peer fashion over the shared packet network and to send call log data to the system management

Network device, See claim 9 Telephone line interface, see claim 9 Computer data interface, see claim 9 Shared packet network, see this claim above

route telephone calls in a peer-topeer fashion over the shared packet network (claim 16)

Routing calls in a peer-to-peer fashion means that a network device may route calls to another network device reachable through the shared packet network without requiring any intermediary call control agent between the two network devices.

Route each telephone call without requiring assistance from the network beyond IP connectivity over the carrier packet network.

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U.S. Patent 7,283,519 platform[;]

Disputed Claim Terms

ESN's Proposed Constructions

Cisco's Proposed Construction

Court's Construction

[] wherein the storage medium further stores processor-executable instructions to act as an SIP proxy server for devices using the telephone line interface and for devices using the computer data interface.

SIP proxy server for devices using the telephone line interface and for devices using the computer data interface (claim 16)

The instructions cause the network device to implement a SIP proxy server that acts as an intermediary for SIP communications to/from a SIP user agent representing a non-SIP telephone attached to the telephone line interface and SIP devices connected to the network device through the computer data interface. A "SIP proxy server" is 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 such as a SIP user agent. SIP requests are serviced internally or by passing them on, possibly after translation, to other servers. A SIP proxy interprets, and, if necessary, rewrites a SIP request message before forwarding it.

Default SIP proxy server that is used by the SIP user agents representing telephone stations and SIP user agents representing computer workstations to participate in SIP network signaling operations that involve carrier-owned SIP network signaling endpoints.

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