Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 275

CLAIM CONSTRUCTION BRIEF filed by Bedrock Computer Technologies, LLC. (Attachments: #1 Declaration of J. Austin Curry, #2 Exhibit A.1, #3 Exhibit A.2, #4 Exhibit A.3, #5 Exhibit A.4, #6 Exhibit A.5, #7 Exhibit A.6, #8 Declaration of Mark T. Jones, #9 Exhibit B)(Cawley, Douglas)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Doc. 275 Att. 7

Exhibit A.6

Dockets.Justia.com

Page 1 of 2 Austin Curry
From: Sent: To: Cc: Todd Briggs [[e-mail]] Thursday, August 26, 2010 1:55 PM 'Gardner, Steve'; Austin Curry Diane Hughes; Jason Cassady; 'Williams, Danielle'; 'Korn, Russ'; 'Lee, John'; 'Bright, Christopher'; 'Whitehurst, Alan'; 'Ducca, Marissa'; Antonio Sistos; Henry Lien

Subject: RE: Bedrock - Defendants' JCCS positions

Austin, The statements you refer to in your email relate to both the scope of the function and the overall claim limitations resulting from the specified structure. The defendants are proposing that the Court adopt the limitations in order to simplify the relevant issues for the jury. Best Regards, Todd

From: Gardner, Steve [mailto:[e-mail]] Sent: Wednesday, August 25, 2010 4:52 PM To: 'Austin Curry' Cc: Diane Hughes; Jason Cassady; Williams, Danielle; Korn, Russ; Todd Briggs; Lee, John; Bright, Christopher; Whitehurst, Alan; Ducca, Marissa Subject: RE: Bedrock - Defendants' JCCS positions

Dear Austin, I apologize for not responding earlier and letting you know that I received your email but I am in the office only briefly this week and one of us will respond as soon as we can. Thanks, Steve
Steve Gardner Kilpatrick Stockton LLP 1001 West Fourth Street | Winston-Salem, NC 27101-2400 office 336 607 7483 | fax [phone] [e-mail] | My Profile

From: Austin Curry [mailto:[e-mail]] Sent: Monday, August 23, 2010 4:12 PM To: Gardner, Steve Cc: Diane Hughes; Jason Cassady; Williams, Danielle; Korn, Russ; Todd Briggs; Lee, John; Bright, Christopher; Whitehurst, Alan; Ducca, Marissa Subject: Bedrock - Defendants' JCCS positions

Steve et al., I write regarding Defendants' claim construction positions for the 112(6) terms. In your chart (Dkt. No. 251-2), are all of the statements for 112(6) terms that follow "Function:" and precede "Means disclosed:" part of your proposed recited function, or is

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Page 2 of 2 your proposed function only what is identified in the paragraph labeled "Function:"? As an example, see your chart on row 9 for the term "means for identifying and removing at least some [of the] expired ones of the records from the linked list [of records] when the linked list is accessed." You first recite the claim language for the function, but then you also say the following: - "Both identification and removal of an automatically expired record occurs during the same traversal of the linked list. - For claim 1, the phrase "when the linked list is accessed" refers to the time during which the "utilizing a search key to access the linked list" function in limitation is carried out in claim 1. - For claim 5, the phrase "when the linked list is accessed" refers to the time during which the "utilizing a search key to access a linked list of records having the same hash address" function is carried out in claim 5. - Removing requires, while traversing the linked list, both adjusting the pointers in the linked list to bypass the previously identified expired records and de-allocating the memory occupied by those records." Is it Defendants' position that all of this constitutes the "function" of the claim term? If not, are you proposing that the Court adopt these as additional limitations to the term in addition to a construction that identifies the recited function and corresponding structure? I'm not looking to get into the merits one way or another; I just need to know your position. Thanks, Austin Curry

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