Aloft Media, LLC v. Oracle Corporation et al

Filing 157

CLAIM CONSTRUCTION CHART filed by Aloft Media, LLC, Halliburton Co., Halliburton Energy Services, Inc., Fair Isaac Corporation, (JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Williams, Danny)

Aloft Media, LLC v. Oracle Corporation et al

Doc. 157

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC vs. ORACLE CORP., ET AL. § § § § §

Case No. 6:09-CV-304

JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT Plaintiff Aloft Media, LLC ("Aloft") and Defendants Halliburton Company, Halliburton Energy Services, Inc. (collectively "Halliburton") and Fair Isaac Corporation ("FICO") hereby submit the parties' Joint Claim Construction and Prehearing Statement pursuant to Local Patent Rule 4-3 and the amended docket control order entered by the Court on September 21, 2010 (Dkt. No. 134). There are two patents at issue in this lawsuit: U.S. Patent Nos. 7,499,898 ("the `898 Patent") and 7,593,910 ("the `910 Patent"). Section I identifies the claim terms/phrases of the patents-in-suit for which the parties have agreed on a joint construction. Section II and Exhibit A contains Aloft's proposed

constructions for the disputed terms of the patents-in-suit, along with supporting intrinsic evidence. Section III and Exhibit B contains the defendants' claim construction position for the disputed terms of the patents-in-suit. Section IV contains the parties' positions regarding the length of the claim construction hearing. None of the parties anticipate calling any witnesses, including experts, at the claim construction hearing. I. Construction of Claim Terms on which the Parties Agree The parties have been unable to reach agreement on the construction of the terms currently at issue in this case.

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II.

Aloft's Construction of Disputed Claim Terms and Identification of Evidence In the claim chart attached hereto as Exhibit A, Aloft proposes claim constructions for the

disputed claim terms of the patents-in-suit, and identifies intrinsic evidence upon which it may rely to support its proposed constructions. III. Defendants' Construction of Disputed Claim Terms and Identification of Evidence In the claim chart attached hereto as Exhibit B, the defendants propose their claim construction position for the disputed claim terms of the patents-in-suit. IV. Length of Claim Construction Hearing By its docket control order, the Court set the claim construction hearing to begin at 9:30 a.m. on January 13, 2011. The parties jointly propose that the Court allow a total of 3 hours (1.5 hours per side) for the Markman hearing and hearing on any Motion for Summary Judgment of Indefiniteness. Defendants additionally propose that the Court entertain argument on their

motion for summary judgment of invalidity of the patents-in-suit (#149) ("Bilski motion") within the time allotted for the Markman hearing. Aloft does not believe that oral argument is

necessary on the defendants' Bilski motion, and therefore opposes the defendants' request. At this time, the parties do not believe there are any issues that need to be addressed by the Court at a prehearing conference.

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Dated: November 9, 2010

Respectfully submitted,

___________________________ Danny L. Williams Texas Bar No. 21518050 Christopher N. Cravey Texas Bar No. 24034398 Matthew R. Rodgers Texas Bar No. 24041802 Michael A. Benefield Indiana Bar No. 24560-49 David Morehan Texas Bar No. 24065790 WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: [phone] Facsimile: [phone] [e-mail] Eric M. Albritton Texas Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] [e-mail] Thomas John Ward, Jr. Texas Bar No. 00794818 WARD & SMITH LAW FIRM P.O. Box 1231 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Aloft Media, LLC

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Respectfully submitted, Fulbright & Jaworski L.L.P. By: /s/ Eric B. Hall Brett C. Govett Texas Bar No. 08235900 Lead Attorney Email: [e-mail] Miriam L. Quinn Texas Bar No. 24037313 Email: [e-mail] Fulbright & Jaworski L.L.P. 2200 Ross Avenue, Suite 2800 Dallas, TX 75201-2784 Telephone: [phone] Facsimile: [phone] Eric B. Hall Texas Bar No. 24012767 Email: [e-mail] Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, TX 77010-3095 Telephone: [phone] Facsimile: [phone] Counsel for Defendant Fair Isaac Corporation

Respectfully submitted, McKOOL SMITH, P.C. By: /s/ Phillip Aurentz Theodore Stevenson III Texas State Bar No. 19196650 [e-mail] Aimee Perilloux Fagan Texas State Bar No. 24010299 [e-mail] Phillip Aurentz State Bar No. 24059404 [e-mail] McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Counsel for Defendants Halliburton Co., and Halliburton Energy Services, Inc.

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CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail on November 9, 2010. /s/ Mark Dunglinson Litigation Paralegal