Mirror Worlds, LLC v. Apple, Inc.

Filing 144

JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT pursuant to P.R. 4-3, filed by Mirror Worlds Technologies, Inc., Mirror Worlds, LLC, Apple, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Stefani)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 144 Att. 3

Mirror Worlds, LLC v Apple, Inc. Civil Action No. 6:08-cv-88 (LED) EXHIBIT B: DISPUTED TERMS IN MIRROR WORLDS' AND APPLE'S PATENTS DISPUTED TERMS IN MIRROR WORLDS' PATENTS CLAIMS '227-1, 13, and 25 CLAIM TERM, PHRASE, OR CLAUSE "data unit" MIRROR WORLDS' PROPOSED CONSTRUCTION "a collection of data of significance to the user that the user considers as a unit." MIRROR WORLDS' SUPPORT1 Intrinsic: `227 Specification: Abstract; col. 3, lines 13-29; col. 4, lines 6-30; col. 14, lines 34-37. `227 File History: 3/23/98 Amendment, p. 5. 1/03/98 Office Action, pp. 2-3. 5/7/99 Amendment, pp. 10-11, 19-20. '227-1, 13, 25; '313-1; '427-1, 2024, 25, 3739; and '999-1 "stream" In the '227, '313 and '427 patents: Intrinsic: `227 Specification: Abstract.; col. 1, lines 4-10. "a time-ordered collection of col. 2, lines 17-24. data units, or documents, col. 2, line 62 - col. 3, line 29. unbounded in number, in which col. 3, lines 62-65. the time associated with a data col. 4, lines 6-30. unit can be in the past, present or col. 4, lines 35-47. future, and the location of file col. 4, lines 62-67. storage is transparent to the user" col. 5, line 44 - col. 6, line 7. col. 6, lines 35-36. col. 7, lines 39-63. In the '999 patent: col. 9, lines 53-67. col. 10, lines 8-15. "a time-ordered collection of information assets, unbounded in col. 10, lines 52-57. col. 12, lines 61-64. number, in which the time col. 13, lines 50- col. 14, line 10. associated with an information

Regarding the intrinsic evidence, all of Mirror Worlds' references to the specification of the `227 patent in this chart apply also to the corresponding portions of the `427 and `313 patents, which are hereby incorporated by reference. Also, regarding extrinsic evidence, Apple stated in its P.R. 4-2 statement that it intends to rely on excerpts from the depositions of Dr. David Gelernter (an inventor of the Mirror Worlds' patents) and Dr. Nicholas Carreiro and may rely on deposition testimony from additional inventors. Mirror Worlds, accordingly, reserves its right to cite portions of those deposition transcripts that rebut Apple's arguments.

1

Exhibit C, 1 of 20

Dockets.Justia.com

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION

MIRROR WORLDS' SUPPORT1

asset can be in the past, present col. 14, lines 37-60. or future, and the location of file storage is transparent to the user" `999 Specification: col. 1, line 65 - col. 3, line 8. col. 3, lines 30-45. col. 6, lines 1-36. col. 9, lines 14-47. col. 14, lines 19-30. `227 File History: 3/23/98 Amendment, p. 5. 10/16/98 Amendment, pp. 11, 19, 23. 5/7/99 Amendment, pp. 11-13, 16-17. `313 File History: Notice of Allowance, p. 2 `999 Reexamination File History: 7/22/09 Response, pp. 12-13. '227-1, 13, 25; and '313-2 "main stream" "a stream of each data unit, or document, received by or generated by the computer system" Intrinsic: `227 Specification: col. 1, lines 4-10. col. 3, lines 62-67. col. 4, lines 6-30. col. 8, lines 44-50. `227 File History: 3/23/98 Amendment, p. 5. 10/16/98 Amendment, pp. 15-17, 19, 23. 5/7/99 Amendment, pp. 11-13, 16-17. `313 File History: Notice of Allowance, p. 2. See also "stream" above and claim language. Exhibit C, 2 of 20

CLAIMS '227-1, 13, 25; '313-2 and 11

CLAIM TERM, PHRASE, OR CLAUSE "substream"

MIRROR WORLDS' PROPOSED CONSTRUCTION "a subset of data units, or documents, yielded by a filter on a stream, the filter identifying certain documents within the stream"

MIRROR WORLDS' SUPPORT1 Intrinsic: `227 Specification: col. 3, line 62 - col. 4, line 5. col. 4, lines 48-61. col. 5, lines 1-19. col. 6, lines 8-16. col. 7, lines 13-30. col. 8, lines 26-35. col. 13, lines 10-18. `227 File History: 5/7/99 Amendment, pp. 11, 1314, 22. Intrinsic: `999 Specification: col. 4, line 33 - col. 5, line 5. Fig. 1. Intrinsic: `227 Specification: Title. Abstract. col. 1, lines 1-10. col. 2, lines 4-9. col. 2, line 13 - col. 3, line 29. col. 4, lines 1-13. col. 9, lines 53-55. col. 10, lines 26-51. col. 14, lines 2-21. col. 14, lines 38-51. See also "operating system." Intrinsic: `227 Specification: Title. Abstract. col. 1, lines 1-10. col. 2, lines 4-9. col. 2, line 13 - col. 3, line 29. col. 4, lines 1-13. col. 9, lines 53-55. col. 10, lines 26-51. col. 14, lines 2-21.

'999-1

"time-ordered stream" "stream-based operating system"

"a displayed stream in which the elements are arranged in time order" "an operating system that includes support for streams"

'427-1

'313-1; and "document '427-25 stream operating system"

same as "stream-based operating system"

Exhibit C, 3 of 20

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION

MIRROR WORLDS' SUPPORT1 col. 14, lines 38-51. See also "operating system."

'227-1, 13, and 25

"timestamp to identify"

"a time-based identifier"

Intrinsic: `227 Specification: col. 4, lines 35-47. col. 7, lines 39-63. `227 File History: 11/03/98 Office Action, pp. 3-4. 5/7/99 Amendment, pp. 11-12, 17, 19, 24.

'227-1, 13, and 25

"including each data unit according to the timestamp in the respective chronological indicator in the main stream"

No construction is necessary. However, if the Court rules that one is necessary, Mirror Worlds proposes the following construction: "including each data unit in the main stream, ordered according to the time stamp in the respective chronological indicator"

Intrinsic: `227 Specification: col. 2, lines 16-19. col. 3, lines 62 - col. 4, line 31. col. 4, lines 35-47. col. 5, line 53 - col. 6, line 7. col. 14, lines 2-10. `227 File History: 3/23/98 Amendment, pp. 9-10. 11/03/98 Office Action, pp. 3-4. 5/7/99 Amendment, p. 17, 25-26.

See also "data unit," "timestamp," "stream," and "main stream." '227-20 '227-29; '313-1, 9; '427-5, 13, 22, 29 and 37 '427-8 and 16 "abbreviated form" "abbreviated version(s)" No construction is necessary. However, if the Court rules that one is necessary, Mirror Worlds proposes the following construction: "a form or version that is less than the full form or version" "controlling" operating system Intrinsic: `227 Specification: col. 3, lines 4-12. col. 6, lines 30-36. col. 7, line 64 - col. 8, line 10. Fig. 1

"an operating system that utilizes Meaning clear from claim subsystems from another language. Exhibit C, 4 of 20

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION operating system"

MIRROR WORLDS' SUPPORT1

'313-1, 9; '427-1 and 8

"archiving"

"copying documents to a secondary storage medium"

Intrinsic: `227 Specification: col. 2, lines 35-36. col. 5, lines 53-65. col. 10, lines 16-33. Extrinsic: http://dictionary.reference.com/b rowse/archive (citing The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2009 by Houghton Mifflin Company.) ("archive": "A long-term storage area, often on magnetic tape, for backup copies of files or for files that are no longer in active use."; "archiving": "To copy or compress (a file) into an archive.")

'313-1, 9; '427-1, 8, and 16

"glance views"

"an abbreviated presentation of a document"

Intrinsic: `227 Specification: col. 6, lines 7-36. col. 7, line 64 - col. 8, line 10. Fig. 1. `313 File History: 12/27/01 Amendment, p. 6. Intrinsic: `227 Specification: col. 9, lines 46-52. `313 File History: 12/27/01 Amendment, p. 6. 12/27/01 Amendment, p. 8. Extrinsic: Random House Webster's Unabridged Dictionary, Second Edition, 2001 ("foreshorten": "to

'313-1, 9; '427-1, 10, 18, and 25

"receding foreshortened stack"

"a representation of a stack that uses perspective to create the illusion of increasing distance from the viewpoint implied by the image"

Exhibit C, 5 of 20

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION

MIRROR WORLDS' SUPPORT1 reduce or distort (parts of a represented object that are not parallel to the picture plane) in order to convey the illusion of three-dimensional space as perceived by the human eye: often done according to the rules of perspective."; "recede": "(of a color, form, etc. on a flat surface) to move away or be perceived as moving away from an observer, esp. as giving the illusion of space." The American Heritage College Dictionay, Third Edition, 1993 ("foreshorten": "To shorten the lines of (an object) in a drawing or other representation so as to produce an illusion of projection or extension in space."; "recede": "To become or seem to become fainter or more distant."

'427-1 and 8

"archiving the documents and indicators in consistent format for selective retrieval"

This term is readily understood and no construction is necessary. However, if the Court rules that one is necessary, Mirror Worlds proposes the following construction: "archiving documents and indicators in a consistent format that enables uniform selective retrieval of the documents."

Intrinsic: `227 Specification: col. 10, lines 17-33 See also "archiving."

'427-7, 15, "complex 24, 31, and analysis" 39 '999-1 "enterprise information management

"analysis involving the form, content and/or type of a document" "a system that manages information for an enterprise or Exhibit C, 6 of 20

Intrinsic: `227 Specification: col. 7, line 64 - col. 8, line 10. Intrinsic: `999 Specification: Abstract.

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE system"

MIRROR WORLDS' PROPOSED CONSTRUCTION organization"

MIRROR WORLDS' SUPPORT1

'999-1

"document object model"

col. 8, lines 21-44. col. 10, lines 40-50. col. 12, lines 3-35. col. 12, lines 54-62. col. 14, lines 19-67. col. 15, lines 47-60. col. 16, lines 5-10. "a consistent structure containing Intrinsic: `999 Specification: information about information Abstract. assets of diverse types, created col. 3, lines 30-45. by diverse software" col. 5, lines 6-67. Intrinsic: `227 Specification: col. 1, lines 4-10. col. 2, lines 20-24. col. 2, line 62 - col. 3, line 29. col. 3, line 62 ­-col. 4, line 30. col. 4, lines 35-47. col. 5, lines 14-19. col. 5, line 44 - col. 6, line 36. col. 13, line 50 - col. 14, line 10. col. 14, lines 17-21. col. 14, lines 30-33. col. 14, lines 37-51. `227 File History: 5/7/99 Amendment, pp. 18-19

'227-1 and 25

"means for generating a main stream of data units...the main stream for receiving each data unit received by or generated by the computer system"

Mirror Worlds asserts that sufficient structure is recited in the element "means for generating" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "a main stream of data units ... for receiving each data unit received by or generated by the computer system" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for generating," then: The recited function is generating a main stream of data units. The corresponding structure is computer hardware and executable code implementing a main stream of data units, and equivalents thereof.

See also "stream," "main stream," "data unit."

'227-1 and 25

"means for generating ... at least one

Mirror Worlds asserts that sufficient structure is recited in the element "means for Exhibit C, 7 of 20

Intrinsic: `227 Specification: col. 3, line 62 - col. 4, line 5. col. 4, line 48-col. 5, line 19.

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE substream"

MIRROR WORLDS' PROPOSED CONSTRUCTION generating" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6.

MIRROR WORLDS' SUPPORT1

col. 6, lines 7-36. col. 6, lines 53-67. col. 7, lines 14-31. col. 8, lines 26-35. "at least one substream ...for containing data units only from col. 13, lines 50-64. col. 14, lines 4-10. the main stream" col. 14, lines 17-21. If, however, the court determines col. 14, lines 30-33. that 35 U.S.C. § 112, ¶ 6 applies col. 14, lines 37-60. to the "means for generating," then: `227 File History: 5/7/99 Amendment, pp. 18-19. The recited function is generating at least one substream. See also "substream." The corresponding structure is computer hardware and executable code implementing substreams, and equivalents thereof. The parties agree that this is a means-plus-function limitation subject to § 112(6). The parties agree that the recited function is receiving data units from other computer systems. The corresponding structure is computer hardware and executable code that receives data units from other computer systems over a network connection, and equivalents thereof. Intrinsic: `227 Specification: col. 2, line 62 - col. 3, line 12. col. 3, line 62 ­ col. 4, line 5. col. 4, lines 8-10. col. 4, lines 39-40. col. 5, lines 8-11. col. 6, lines 8-11. col. 6, lines 45-52. col. 11, lines 44-56. col. 12, lines, 38-40, 51-52. col. 13, lines 17-18. col. 13, line 65 - col. 14, line 10. col. 14, lines 17-21. col. 14, lines 37-51. Intrinsic: `227 Specification: col. 4, lines 2-5. col. 4, lines 6-30. col. 4, lines 35-51. col. 5, lines 11-13. col. 5, lines 44-52.

'227-1

"means for receiving data units from other computer systems"

'227-1

"means for generating data units by the computer system"

The parties agree that this is a means-plus-function limitation subject to § 112(6). The parties agree that the recited function is generating data units Exhibit C, 8 of 20

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION by the computer system. The corresponding structure is executable code that creates data units, and equivalents thereof.

MIRROR WORLDS' SUPPORT1 col. 5, line 53 - col. 6, line 7. col. 6, lines 8-11. col. 11, lines 44-56. col. 14, lines 17-21. col. 14, lines 37-51. Intrinsic: `227 Specification: col. 4, lines 35-47. col. 7, lines 8-10. col. 7, lines 39-63. col. 10, lines 52-67. col. 11, lines 57-64. Figs. 1, 4, 5. See also "timestamp to identify"

'227-1

"means for selecting a timestamp to identify each data unit"

Mirror Worlds asserts that sufficient structure is recited in the element "means for selecting" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "a timestamp to identify each data unit" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for selecting," then: The parties agree that the recited function is selecting a timestamp to identify each data unit. The corresponding structure is executable code that selects the timestamp for a data unit based on the present time or a time designated by the user, and equivalents thereof.

Exhibit C, 9 of 20

CLAIMS '227-1

CLAIM TERM, PHRASE, OR CLAUSE "means for associating each data unit with at least one chronological indicator having the respective timestamp"

MIRROR WORLDS' PROPOSED CONSTRUCTION Mirror Worlds asserts that sufficient structure is recited in the element "means for associating" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "each data unit" "timestamp"

MIRROR WORLDS' SUPPORT1 Intrinsic: `227 Specification: col. 1, lines 4-10. col. 2, l. 62 - col. 3, l. 2. `227 File History: 11/03/98 Office Action, pp. 3-4. 5/7/99 Amendment, pp. 19, 24.

"chronological indicator having a respective timestamp" See also, "means for generating If, however, the court determines ... a main stream," "stream," that 35 U.S.C. § 112, ¶ 6 applies "main stream," and "timestamp." to the "means for associating," then: The parties agree that the recited function is associating each data unit with at least one chronological indicator having a respective timestamp. The corresponding structure is executable code implementing the main stream, and equivalents thereof. '227-25 "means for associating each data unit with at least one chronological indicator having a respective timestamp which identifies the data unit" Mirror Worlds asserts that sufficient structure is recited in the element "means for associating" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "each data unit" "timestamp" "chronological indicator having a See also, "means for generating respective timestamp" ... a main stream," "stream," If, however, the court determines "main stream," and "timestamp." that 35 U.S.C. § 112, ¶ 6 applies to the "means for associating," Exhibit C, 10 of 20 Intrinsic: `227 Specification: col. 1, lines 4-10. `227, col. 2, l. 62 - col. 3, l. 2. `227 File History: 11/03/98 Office Action, pp. 3-4. 5/7/99 Amendment, pp. 19, 24.

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE then:

MIRROR WORLDS' PROPOSED CONSTRUCTION The recited function is associating each data unit with at least one chronological indicator having a respective timestamp. The corresponding structure is executable code implementing the main stream, and equivalents thereof.

MIRROR WORLDS' SUPPORT1

'227-1, 25

"means for including [each data unit according to the timestamp in the respective chronological indicator in the main stream]"

The parties agree that this is a means-plus-function limitation subject to § 112(6). The parties agree that the recited function is including each data unit according to the timestamp in the respective chronological indicator in the main stream. The corresponding structure is executable code implementing the main stream, and equivalents thereof. The parties agree that this is a means-plus-function limitation subject to § 112(6). The recited function is maintaining the main stream and the substreams as persistent streams.

Intrinsic: `227 Specification: col. 1, lines 4-10. col. 2, line 62 to col. 3, line 4. col. 4, lines 35-47. col. 7, lines 39-63. col. 13, line 65 - col. 14, line 10.

See also, "means for generating ... a main stream," "stream," "main stream," and "timestamp." Intrinsic: `227 Specification: col. 3, line 62 - col. 4, line 10. col. 5, lines 1-19. col. 13, lines 50-64. col. 14, lines 22 -32.

'227-1 and 25

"means for maintaining the main stream and the substreams as persistent streams"

See also, "means for generating The corresponding structure is executable code that dynamically ... a main stream," "stream," "main stream," and "substream" updates the main stream and executable code that dynamically updates substreams, and equivalents thereof. '227-6 "means for displaying alternative Mirror Worlds asserts that sufficient structure is recited in the element "means for Exhibit C, 11 of 20 Intrinsic: `227 Specification: col. 3, lines 4-10. col. 6, lines 17-36.

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE versions of the content of the data units"

MIRROR WORLDS' PROPOSED CONSTRUCTION displaying" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "alternative versions of the content of the data units" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for displaying," then: The parties agree that the recited function is displaying alternative versions of the content of the data units. The corresponding structure is browse cards/glance views, and equivalents thereof.

MIRROR WORLDS' SUPPORT1 col. 7, line 64 - col. 8, line 10. col. 9, lines 19-32. Fig. 1

See also, "alternative version"

'227-9

"means for archiving a data unit associated with a timestamp older than a specified time point while retaining the respective chronological indicator and/or a data unit having a respective alternative version of the content of the archived data unit"

Mirror Worlds asserts that sufficient structure is recited in the element "means for archiving" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "archiving a data unit associated with a timestamp older than a specified time point" "retaining the respective chronological indicator and/or a data unit having a respective alternative version of the content of the archived data unit" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for archiving," then: The parties agree that the recited function is archiving a data unit Exhibit C, 12 of 20

Intrinsic: `227 Specification: col. 2, lines 35-36. col. 7, lines 14-31. col. 10, lines 16-33. Fig. 2 See also "archiving"

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION associated with a timestamp older than a specified time point while retaining the respective chronological indicator and/or a data unit having a respective alternative version of the content of the archived data unit. The corresponding structure is computer hardware and executable code implementing archiving of data units, and equivalents thereof.

MIRROR WORLDS' SUPPORT1

'227-10

"means for operating on any of the streams using a set of operations selected by a user"

Mirror Worlds asserts that sufficient structure is recited in the element "means for operating" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "a set of operations selected by a user" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for operating," then: The parties agree that the recited function is operating on any of the streams using a set of operations selected by a user. The corresponding structure is executable code implementing user selectable operations on streams, and equivalents thereof.

Intrinsic: `227 Specification: Fig. 1 col. 4, lines 31-67. col. 5, lines 20-42. col. 8, lines 11-25. col. 9, lines 13-18.

'227-11

"means to generate substreams from existing substreams"

The parties agree that this is a means-plus-function limitation subject to § 112(6). The parties agree that the recited function is to generate substreams from existing Exhibit C, 13 of 20

Intrinsic: `227 Specification: col. 7, lines 13-30.

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION substreams. The corresponding structure is executable code implementing incremental substreams, and equivalents thereof.

MIRROR WORLDS' SUPPORT1

'227-12

"means for generating a data unit comprising an alternative version of the content of another data unit"

Mirror Worlds asserts that sufficient structure is recited in the element "means for generating" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "a data unit comprising alternative versions of the content of the data units" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for generating," then: The parties agree that the recited function is generating a data unit comprising an alternative version of the content of another data unit. The corresponding structure is executable code implementing alternative versions of data units, and equivalents thereof.

Intrinsic: `227 Specification: col. 4, lines 35-47. col. 6, lines 53-67.

'227-12

"means for associating the alternative version data unit with the chronological indicator of the another data unit."

Mirror Worlds asserts that sufficient structure is recited in the element "means for associating" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "alternative version data unit with the chronological indicator of the another data unit" If, however, the court determines Exhibit C, 14 of 20

Intrinsic: `227 Specification: col. 9, lines 20-45. col. 11, lines 44-56.

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MIRROR WORLDS' PROPOSED CONSTRUCTION that 35 U.S.C. § 112, ¶ 6 applies to the "means for associating," then: The parties agree that the recited function is associating the alternative version data unit with the chronological indicator of the another data unit. The corresponding structure is executable code implementing alternative versions of data units, and equivalents thereof.

MIRROR WORLDS' SUPPORT1

'227-25

"means for representing one or more data units of a selected stream on a display device as document representations ... the order of appearance of each data representation on the display device determined by the timestamp of the respective data unit" "means for selecting which data units are represented on the display device by selecting one of the document representations

The parties agree that this is a means-plus-function limitation subject to § 112(6). The parties agree that the recited function is representing one or more data units of a selected stream on a display device as document representations, each document representation including the timestamp and the order of appearance of each data representation on the display device determined by the timestamp of the respective data unit). The corresponding structure is the graphical stream view, and equivalents thereof. Mirror Worlds asserts that sufficient structure is recited in the element "means for selecting" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "document representations"

Intrinsic: `227 Specification: Fig. 1 col. 6, lines 7-36.

See also "document representation," "stream," "timestamp," and "data unit."

'227-25

Intrinsic: `227 Specification: Figs. 1, 4, 5; col. 3, lines 7-10. col. 6, lines 7-36. col. 7, lines 39-63. col. 9, lines 46 - col. 10, line 2. col. 14, lines 11-16.

Exhibit C, 15 of 20

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE and displaying document representations corresponding to data unit having timestamps within a range of a timepoint"

MIRROR WORLDS' PROPOSED CONSTRUCTION "data units" "timestamps" "range of a timepoint" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for selecting," then: The parties agree that the recited function is selecting which data units are represented on the display device by selecting one of the document representations and displaying document representations corresponding to data units having timestamps within a range of a timepoint. The corresponding structure is the graphical stream view , and equivalents thereof.

MIRROR WORLDS' SUPPORT1

See also "document representation," "stream," "timestamp," and "data unit."

'227-25

"means for selecting one or more of the document representations with a pointing device [so that the data units represented by the selected document representations are further displayed with a second document representation comprising an alternative version of the respective data

Mirror Worlds asserts that sufficient structure is recited in the element "means for selecting" to take this element outside the constraints of 35 U.S.C. § 112, ¶ 6. "document representations" "pointing device" If, however, the court determines that 35 U.S.C. § 112, ¶ 6 applies to the "means for selecting," then: The parties agree that the recited function is selecting one or more of the document representations with a pointing device so that the data units represented by the selected document Exhibit C, 16 of 20

Intrinsic: `227 Specification: Figs. 1, 4, 5. col. 3, lines 7-10. col. 6, lines 7-36. col. 7, lines 39-63. col. 7, line 64 - col. 8, line 10. col. 9, line 46 - col. 10, line 2. col. 14, lines 11-16. Extrinsic: Window Management (X11R5): X Window System Protocol, http://www.opengroup.org/books tore/catalog/c507.htm

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE unit]"

MIRROR WORLDS' PROPOSED CONSTRUCTION representations are further displayed with a second document representation comprising an alternative version of the respective data unit. The corresponding structure is the graphical stream view, and equivalents thereof.

MIRROR WORLDS' SUPPORT1

'427-1, 8, 16, and 25

"document organizing facility"

"software that organizes documents"

Intrinsic: `227 Specification: col. 2, line 62 - col. 3, line 12. col. 3, line 62, col. 4, line 5. col. 5, lines 5-8. col. 6, lines 47-52. `227 File History: 5/7/99 Amendment, pp. 12-13.

Exhibit C, 17 of 20

DISPUTED TERMS IN APPLE'S PATENT CLAIMS CLAIM TERM, PHRASE, OR CLAUSE "means for displaying a graphical iconic representation of a collection of said first plurality of documents" MWT'S PROPOSED CONSTRUCTION The parties agree that this is a means-plus-function limitation subject to § 112(6). MWT'S SUPPORT

'101-5

The parties agree that the recited function is displaying a graphical iconic representation of a `101 File History: collection of said first plurality of Appeal Brief dated 3/20/96, pp. documents. 6, 33, 34, 37. Appellant's Reply Brief, 6/28/96, The corresponding structure is executable code that displays the p. 2. Decision on Appeal, 10/29/99, icon representing a collection of pp. 2, 23. documents (i.e., pile), and equivalents thereof.

Intrinsic: `101 Specification: col. 6, line 65 ­ col. 9, line 53. col. 13, lines 28-54. col. 3, lines 45-65.

'101-5

See also "graphical iconic representation of a collection of said first plurality of documents." Intrinsic: "means for The parties agree that this is a `101 Specification: displaying a first means-plus-function limitation col. 3, lines 22-26. indicia of a first subject to § 112(6). document of said The parties agree that the recited col. 9, line 54 - col. 13, line 54. col. 16, line 65 - col. 17, line 2. collection by function is displaying a first col. 27, lines 15-56. selecting a first indicia of a first document of said Figs. 4a-4f; 16 position from collection by selecting a first said graphical position from said graphical See also "graphical iconic iconic iconic representation. representation of a collection of representation" said first plurality of documents." The corresponding structure is executable code that initiates browsing of a pile after the cursor has been positioned over the iconic graphical representation of the collection of documents (pile) for a predetermined period of time and displays a first indicia of a first document of the collection (pile) by selecting a first position on the icon representing the collection, and equivalents Exhibit C, 18 of 20

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MWT'S PROPOSED CONSTRUCTION thereof.

MWT'S SUPPORT

'101-5

"means for displaying in series a second indicia of a second document and a third indicia of a third document by positioning said cursor first on a second position on said graphical iconic representation next on a third position on said graphical iconic representation"

The parties agree that this is a means-plus-function limitation subject to § 112(6). The parties agree that the recited function is displaying in series a second indicia of a second document and a third indicia of a third document by positioning said cursor first on a second position on said graphical iconic representation next on a third position on said graphical iconic representation. The corresponding structure is executable code that displays in series a second indicia of a second document and a third indicia of a third document by positioning a cursor first on a second position on the icon representing the collection (pile) and next on a third position on the icon representing the collection (pile), and equivalents thereof. "a small static picture representing a collection of documents"

Intrinsic: `101 Specification: col. 3, lines 22-26. col. 9, line. 54 - col. 13, line 54. col. 16, line 65 - col. 17, line 2. col. 27, lines 15-56. Figs. 4a-4f; 16 See also "graphical iconic representation of a collection of said first plurality of documents."

'101-1, 5, 9

"a graphical iconic representation of a collection of said first plurality of documents"

Intrinsic: `101 Specification: col. 6, line 65 - col. 9, line 53. col. 13, lines 28-54. col. 13, line 55 - col. 14, line 22. col. 3, lines 45-65. As well as other portions of the `101 specification that generally relate to and describe the representation of piles. `101 File History: Appeal Brief dated 3/20/96, pp. 6, 33, 34, 37.

Exhibit C, 19 of 20

CLAIMS

CLAIM TERM, PHRASE, OR CLAUSE

MWT'S PROPOSED CONSTRUCTION

MWT'S SUPPORT

`101 FH, Appellant's Reply Brief, 6/28/96, p. 2 Decision on Appeal, 9/12/97, pp. 2 and 23. Extrinsic: "A small picture intended to represent something (a file, directory, or action) in a graphical user interface." The Free On-line Dictionary of Computing. Retrieved September 22, 2009

Exhibit C, 20 of 20