AdvanceMe Inc v. RapidPay LLC

Filing 117

CLAIM CONSTRUCTION BRIEF filed by First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Gray, Joseph)

AdvanceMe Inc v. RapidPay LLC

Doc. 117 Att. 3

Case 6:05-cv-00424-LED

Document 117

Filed 09/27/2006

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EXHIBIT C

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 117

Filed 09/27/2006

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Chart of Defendants' Proposed Construction of Remaining Disputed Terms Term Customer identifier Claims (1-7, 10-16) Obligation Claims (1, 10, 19) Debit card Claims (3, 12) Smart card Claims (4, 13) Accumulating the payments until a predetermined amount is reached Claims (8, 17) Periodically forwarding Claims (9, 18) Third party Claims (10, 17-19) Defendants' Proposed Construction unique identifying account number amount owed by merchant other than processing fees, i.e., discount rate, interchange fee, and network fee card linked to a deposit account that can be used to make purchases card containing an integrated circuit, such as a microprocessor or a memory, that can be used to make purchases accumulating the payments until a predetermined monetary amount is reached

forwarding at an interval other than upon every payment party other than the merchant

Means-Plus-Function Claims Means for Forwarding1 Claims (10, 17-19) Means for receiving the information related to the payment from the merchant Claims (10, 17-19) Means for accepting customer identifiers as payment4 Claims (10, 17-19) Function: "forwarding payment2" or "forwarding information3" Corresponding Structure: None Function: "receiving the information related to the payment from the merchant" Corresponding Structure: None Function: "accepting a customer identifier as payment from the customer" Corresponding Structure: keyboard, magnetic card reader, telephone, World Wide Web page, physical delivery and U.S. Postal Service

Austin 748240v.1

Case 6:05-cv-00424-LED

Document 117

Filed 09/27/2006

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Means for accumulating the payments until a predetermined amount is reached Claims (10, 17-19) Means for authorizing the payment Claims (10, 17-19)

Function: "accumulating the payments until a predetermined amount is reached" Corresponding Structure: "one or more computers programmed or configured to accumulate payments it receives until a predetermined monetary amount is reached." Function: "authorizing the payment" Corresponding Structure: "one or more computers programmed or configured to receive the authorization request from the merchant, route the authorization request to the card issuer and receive approval of the authorization from the card issuer." Function: "settling the payment" Corresponding Structure: "one or more computers programmed or configured to submit the amount of the customer's purchase to the card issuer and receive or be credited some amount by the card issuer."

Means for settling the payment Claims (10, 17-19)

1

Includes: · "Means . . . for electronically forwarding information related to the payment to a computerized merchant processor" · "Means for forwarding a portion of the payment to the third party" · "Means for forwarding at least a portion of the accumulated payments to the third party" · "Means for periodically forwarding at least a portion of the payment to the third party" · "Means for forwarding to the third party an amount that is a percentage of the obligation" Refers to: · "Means for forwarding a portion of the payment to the third party" · "Means for forwarding at least a portion of the accumulated payments to the third party" · "Means for periodically forwarding at least a portion of the payment to the third party" · "Means for forwarding to the third party an amount that is a percentage of the obligation"

2

3

Refers specifically to "means . . . for electronically forwarding information related to the payment to a computerized merchant processor" Also includes: · "Means for accepting a credit card number as the customer identifier" · "Means for accepting a debit card number as the customer identifier" · "Means for accepting a smart card number as the customer identifier" · "Means for accepting a charge card number as the customer identifier" · "Means for accepting the customer identifier at a merchant location" · "Means for electronically accepting the customer identifier"

4

Austin 748240v.1