Anascape, Ltd v. Microsoft Corp. et al

Filing 86

NOTICE by Microsoft Corp., Nintendo of America, Inc., Anascape, Ltd re 82 Telephone Conference - Revised Joint Claim Construction Statement (Attachments: # 1 Exhibit 1 - Microsoft-Only Patents# 2 Exhibit 2 - Microsoft & Nintendo Patents)(Carraway, J)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 86

Case 9:06-cv-00158-RHC

Document 86

Filed 05/01/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION Anascape, Ltd., Plaintiff, v. Microsoft Corp., and Nintendo of America, Inc., Defendants. Civil Action No. 9:06-cv-158-RC JURY TRIAL REQUESTED

REVISED JOINT CLAIM CONSTRUCTION STATEMENT Pursuant to the April 17, 2007 Telephone Hearing, Plaintiff Anascape, Ltd. ("Anascape") and Defendants Microsoft Corp. ("Microsoft") and Nintendo of America, Inc. ("Nintendo") jointly submit this Revised Joint Claim Construction and Prehearing Statement setting forth the parties' proposed claim constructions of the terms of (i) United States Patent No. 5,999,084 ("the '084 patent"); (ii) United States Patent No. 6,102,802 ("the '802 patent"); (iii) United States Patent No. 6,135,886 ("the '886 patent"); (iv) United States Patent No. 6,222,525 (the '525 patent); (v) United States Patent No. 6,343,991 ("the '991 patent"); and (vi) United States Patent No. 6,906,700 ("the '700 patent"). I. Reduction in the Number of Disputed Claim Terms, Phrases, or Clauses The parties have reached a number of agreements to substantially reduce the number of disputed claim term groups to 24.

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In particular, Microsoft and Anascape have agreed to stay the litigation with respect to three additional patents: the '271 patent, the '997 patent, and the '303 patent. An agreed motion to stay is being filed concurrently with this revised 4-3 statement. II. Constructions of Claim Terms, Phrases, or Clauses on Which the Parties Agree Anascape and Microsoft1 agree that the following claim terms should be construed as set forth below. A. U.S. Patent No. 6,102,802
AGREED CONSTRUCTION Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: outputting a signal to an image generation machine that is at least representational of the analog output The parties agree that the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof

CLAIM TERM, PHRASE, OR CLAUSE means for outputting a signal to an image generation machine, said signal at least representational of said analog electrical outputs means for outputting to an image generation machine a signal at least representational of said analog electrical output Claims 1, 5, 9, 16

B.

U.S. Patent No. 6,343,991
AGREED CONSTRUCTION a button operatively associated with a pressure-sensitive variable conductance sensor Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft agree that the function is: reading a signal from the analog sensor The parties agree that the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof

CLAIM TERM, PHRASE, OR CLAUSE pressure-sensitive buttons Claims 1, 6 means for reading a signal from said analog sensor Claim 44

The '802 and '991 patents are not asserted against Nintendo. Anascape, Microsoft, and Nintendo are only providing proposed constructions concerning the asserted claims of the non-stayed patents.

1

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CLAIM TERM, PHRASE, OR CLAUSE means for outputting information representing said signal Claim 44, 51

AGREED CONSTRUCTION Anascape and Microsoft agree that this term is governed by 35 U.S.C. § 112(6). Anascape and Microsoft also agree that the function is: outputting information representing the signal The parties agree that the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof

C.

U.S. Patent No. 6,906,700
AGREED CONSTRUCTION Electro-mechanical structure that provides vibration to the user.

CLAIM TERM, PHRASE, OR CLAUSE [electromechanical tactile feedback structure providing vibration]; [active tactile feedback structure] Claims 26, 32, 33 active tactile feedback vibration Claims 1, 2, 12

Vibration created by an electro-mechanical structure.

At this time, the parties do not agree on the construction of any claim terms, phrases, or clauses of the '084, '802, '886, or '525 patents. III. Proposed Constructions of Disputed Claim Terms, Phrases, or Clauses The proposed constructions for each of the disputed claim terms, phrases, or clauses of the patents-in-suit are attached hereto as Exhibits 1 and 2. Exhibit 1 contains the disputed terms arising from the '084, '802, '886, and '991 patents, which are only asserted against Microsoft.2 Exhibit 2 contains the disputed claim terms arising from the '525 and '700 patents, which are asserted against Microsoft and Nintendo. In both Exhibits 1 and 2, the parties have joined the disputed claim terms with a common issue into groups, such that the number of unique disputed

2

Exhibit 1 also includes two terms, "pressure-sensitive variable sensor" and "pressure-sensitive . . . button sensor," from the '525 and '700 patents, which Anascape and Microsoft agree should be briefed and argued in conjunction with similar terms from the '084, '802, '886, and '991 patents. The claims of the '525 and '700 patents in which these claim terms appear are not asserted against Nintendo.

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claim terms has been substantially reduced. Exhibits 1 and 2 also contain an identification of all references from the specification or prosecution history that support that construction, and an identification of any extrinsic evidence known to the party on which it intends to rely either to support its proposed construction of the claim or to oppose any other party's proposed construction of the claim, including, but not limited to, as permitted by law, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses

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DATED: May 1, 2007.

Respectfully submitted, McKOOL SMITH, P.C. /s/ Sam Baxter_(w/ permission by Chris Carraway)_ Sam Baxter Lead Attorney Texas State Bar No. 01938000 [e-mail] P.O. Box O 505 E. Travis, Suite 105 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Luke F. McLeroy Texas State Bar No. 24041455 [e-mail] McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Robert M. Parker Texas State Bar No. 15498000 [e-mail] Robert Christopher Bunt Texas State Bar No. 00787165 [e-mail] Charles Ainsworth Texas State Bar No. 00783521 [e-mail] Parker, Bunt & Ainsworth P.C. 100 E. Ferguson Street, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

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DATED: May 1, 2007.

Respectfully submitted, /s/ Chris Carraway ____________________ J. Christopher Carraway (admitted pro hac vice) [e-mail] Joseph T. Jakubek (admitted pro hac vice) [e-mail] Stephen J. Joncus (admitted pro hac vice) [e-mail] Richard D. Mc Leod (Bar No. 24026836) [e-mail] Derrick W. Toddy (admitted pro hac vice) [e-mail] KLARQUIST SPARKMAN, LLP 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204 Telephone: [phone] J. Thad Heartfield (Bar No. 09346800) [e-mail] Law Offices of J. Thad Heartfield 2195 Dowlen Road Beaumont, Texas 77706 Telephone: [phone] Facsimile: 409-866-5789 Clayton E Dark Jr. (Bar No. 05384500) [e-mail] Clayton E Dark Jr., Law Office 207 E Frank Ave # 100 Lufkin, TX 75901 Telephone: [phone] Stephen McGrath, Esq. (admitted pro hac vice) MICROSOFT CORPORATION One Microsoft Way, Building 8 Redmond, Washington 98052-6399 Telephone: [phone] Facsimile: 425-706-7329 ATTORNEYS FOR DEFENDANT MICROSOFT CORPORATION

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DATED: May 1, 2007

Respectfully submitted, /s/ James S. Blank (w/ permission by Chris Carraway) Robert J. Gunther, Jr. ([e-mail]) WILMER HALE 399 Park Avenue New York, New York 10022 Tel.: [phone] Fax: [phone] James S. Blank ([e-mail] ) LATHAM & WATKINS LLP 885 Third Avenue New York, NY 10022 Tel.: [phone] Fax: [phone] Robert W. Faris ([e-mail]) Joseph S. Presta ([e-mail]) NIXON & VANDERHYE, P.C. 1100 North Glebe Road 8th Floor Arlington, VA 22201 Tel.: [phone] Fax: [phone] Lawrence L. Germer ([e-mail]) Texas Bar No. 07824000 GERMER GERTZ L.L.P. 550 Fannin, Suite 400 P.O. Box 4915 Beaumont, Texas 77704 Tel.: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANT NINTENDO OF AMERICA INC.

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on counsel of record via ECF or U.S. Mail on this 1st day of May, 2007.

_Chris Carraway_____________

Chris Carraway

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