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)

A

nascape, Ltd v. Microsoft Corp. et al

EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 1: "Pressure-sensitive variable conductance analog sensor"
CLAIM TERM, PHRASE, OR CLAUSE pressure-sensitive variable-conductance sensor '802 patent: Claims 1-4, 16-18 pressure-sensitive variable-conductance sensor pressure-sensitive analog sensor pressure-sensitive variable-conductance analog sensors '991 patent: Claims 23, 29, 32, 33, 35, 40, 41, 42, 43, 44, 66, 67, 68, 69, 70, 71, 72 a pressure-sensitive variable sensor '525 patent: Claims 1, 6, 18 a pressure-sensitive . . . button sensor '700 patent: Claims 6, 9 an electricity manipulating device for varying electrical output proportional to varying physical force ANASCAPE'S PROPOSED CONSTRUCTION an electricity manipulating device for varying electrical output proportional to varying physical force MICROSOFT'S PROPOSED CONSTRUCTION A pressure-sensitive variable-conductance sensor has material to contact conductive elements. This type of sensor has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. A pressure-sensitive variable-conductance sensor does not include a variable conductivity sensor utilizing a microprotrusion surface area effect. In such a sensor, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases. A pressure-sensitive variable sensor and pressure-sensitive . . . button sensor have material which remains in electrical contact with conductive traces at all times. This type of sensor has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. These sensors do not include a variable conductivity sensor utilizing a micro-protrusion surface area effect. In such a sensor, the micro-protrusion material is initially not in contact with the sensor's conductive traces. As pressure on the material increases, the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases.
Dockets.Justia.com

See, e.g., '084 patent at Abstract, 1:5-4:7; 6:3212:33 and accompanying figures; '084 patent file

Intrinsic Evidence:
Doc. 86 Att. 1

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
CLAIM TERM, PHRASE, OR CLAUSE ANASCAPE'S PROPOSED CONSTRUCTION history, April 30, 1999 Amendment at 3-4, July 29, 1999 Interview Summary; '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21; '886 patent at Abstract, 1:125:17, 6:1-8:44, 9:30-10:15 and accompanying figures; '271 patent at Abstract, 3:59-9:13, 10:5911:48, 12:16-19:32 and accompanying figures (and corresponding disclosure in the '303 patent); '997 patent at Abstract,7:30-64, 9:65-10:56 and accompanying figures; '525 patent at 6:50-64, 8:3549, 28:16-30:21, 31:47-32:25 and accompanying figures. MICROSOFT'S PROPOSED CONSTRUCTION `084 Patent: Abstract; 1:8-11; 2:13-17; 2:50-57; 3:62-4:3; 4:62-67; 6:32-37; 6:43-51; 6:52-67; 7:1-39; 8:17-26; 9:7-11; 10:32-33; 10:53-59; 11:4-10; 11:17-24; 11:34-39; 11:44-47; 11:48-53; Figs. 3-13 `802 Patent (and corresponding disclosure in the `991 patent): Abstract; 1:9-14; 2:55-58; 2:64-3:5; 4:24-26; 4:35-48; Figs. 3, 5, 7, 8, 9; 5:9-14; 5:18-21; 5:24-29; 5:29-30; 5:626:5; 6:6-48; 6:49-65; 6:66-7:21; 7:22-36; 7:61-8:32; 8:369:12; 9:13-30; 9:31-44; 9:45-10:24; 10:25-11:25; 11:2639 `886 Patent: Abstract; 1:35-41; 2:16-62; 3:9-23; 7:31-45; 9:30-10:15; 11:49-56; Figs. 1, 3, 5, & 6 `084 Patent File History: Paper 3, e.g., pp. 2-3; Paper 4, e.g., pp. 2-4; Paper 5, e.g., pp. 2-3; Paper 6; Paper 7, e.g., pp. 2-3 `802 Patent File History: Paper 3, e.g., pp. 1-6; Paper 4, e.g., pp. 2-4; Paper 6, e.g., pp. 7-9, 15-20 `886 Prosecution History: Paper 3, e.g., p. 2 `991 Patent File History: Paper 8, e.g., pp. 3-4, 20-21 U.S. Pat. 3,806,471 (Mitchell) U.S. Pat. 5,510,812 (O'Mara) Extrinsic Evidence: Eventoff, U.S. Pat. No. 4,489,302 Eventoff, U.S. Pat. No. 4,315,238 Yaniger, U.S. Pat. No. 5,296,837 Furukawa, Japanese Publication H5-87760 Furukawa, Japanese Publication H05-326217 Waigand, U.S. Pat. 4,419,653 McGraw-Hill Dictionary of Scientific and Technical Terms (4th ed. 1989), at 410

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 2: "Pressure-sensitive variable conductance material"
CLAIM TERM, PHRASE, OR CLAUSE pressure-sensitive variable-conductance material '084 patent: Claims 5-6, 11 pressure-sensitive variable-conductance material pressure sensitive variable-conductance material means '802 patent: Claims 1, 7, 10 pressure-sensitive variable-conductance material '886 patent: Claim 7 pressure-sensitive variable-conductance material '991 patent: Claims 12, 29, 31, 50 See, e.g., '084 patent at Abstract, 1:5-4:7; 6:32-12:33 and accompanying figures; '084 patent file history, April 30, 1999 Amendment at 3-4, July 29, 1999 Interview Summary; '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21; '886 patent at Abstract, 1:12-5:17, 6:1-8:44, 9:30-10:15 and accompanying figures; '271 patent at Abstract, 3:59-9:13, 10:59-11:48, 12:16-19:32 and accompanying figures (and corresponding disclosure in the '303 patent); '997 patent at Abstract,7:30-64, 9:65-10:56 and accompanying figures; '525 patent at 6:50-64, 8:35-49, 28:16-30:21, 31:47-32:25 and accompanying figures. Intrinsic and Extrinsic Evidence: see evidence cited above for Disputed Term Group 1 "pressure-sensitive variable conductance analog sensor." ANASCAPE'S PROPOSED CONSTRUCTION a conductive element that provides for variable electrical flow dependent upon the applied force MICROSOFT'S PROPOSED CONSTRUCTION Material that has a conductivity that changes due to a volume effect. As pressure on the material increases the material volume decreases. This decrease in volume of the material increases the internal conductivity through the material. As a result, the conductivity through the sensor increases. This does not include material utilizing a microprotrusion surface area effect. In such material, as pressure on the material increases the surface area of contact between the micro-protrusions and the conductive elements increases. As a result, the conductivity through the sensor increases.

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 3: "pressure-sensitive variable conductance of one of said buttons"
CLAIM TERM, PHRASE, OR CLAUSE pressure-sensitive variable-conductance of one of said buttons '991 patent: Claim 11 ANASCAPE'S PROPOSED CONSTRUCTION variable electrical flow produced by a button associated with an electricity manipulating device for varying electrical output proportional to varying physical force '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. MICROSOFT'S PROPOSED CONSTRUCTION The conductivity of a pressure-sensitive variableconductance sensor.

Intrinsic and Extrinsic Evidence: see evidence cited above for Disputed Term Group 1 "pressure-sensitive variable-conductance sensor."

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 4: "depressing . . ."
CLAIM TERM, PHRASE, OR CLAUSE depressing at least one of said individual buttons with varying degrees of pressure for manipulating imagery in proportion to the degree of depressive pressure '802 patent: Claims 12-13 depressing said depressible individual button with varying degrees of pressure for varying the action intensity of the imagery proportional to the degree of depressive pressure '802 patent: Claims 14-15 No construction is necessary. However, should the Court construe this term: depressing at least one of the depressible individual buttons with varying force in order to choose the action intensity of the imagery in proportion to the force applied See, e.g., '802 patent at 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures; '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. depressing at least one of the depressible individual buttons, which include a pressure-sensitive variableconductance sensor, with varying force in order to choose the action intensity of the imagery in proportion to the force applied ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. However, should the Court construe this term: depressing at least one of the depressible individual buttons with varying force in order to control or change the imagery in proportion to the force applied MICROSOFT'S PROPOSED CONSTRUCTION depressing at least one of the depressible individual buttons, which include a pressure-sensitive variableconductance sensor, with varying force in order to control or change the imagery in proportion to the force applied

Intrinsic and Extrinsic Evidence: see evidence cited above for Disputed Term Group 1 "pressure-sensitive variable-conductance sensor."

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 5: "flexible material"
CLAIM TERM, PHRASE, OR CLAUSE flexible material '991 patent: Claim 41 ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. However, should the Court construe this term: material that deforms when pressure is applied See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. Intrinsic and Extrinsic Evidence: see evidence cited above for Disputed Term Group 1 "pressure-sensitive variable-conductance sensor." MICROSOFT'S PROPOSED CONSTRUCTION Pressure-sensitive variable-conductance material

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 6: "said surface with an apex is flexible . . ."
CLAIM TERM, PHRASE, OR CLAUSE said surface with an apex is flexible, deforming with additional physical pressure to flatten and cause additional surface area contact to provide changes in electrical conductivity in said sensor '991 patent: Claim 66 See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. Intrinsic and Extrinsic Evidence: see evidence cited above for Disputed Term Group 1 "pressure-sensitive variable-conductance sensor." ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. However, should the Court construe this term: the surface has an apex that flattens with additional force to increase the amount of surface area contact and, thereby, vary the electrical flow in the sensor MICROSOFT'S PROPOSED CONSTRUCTION The surface with an apex is formed of pressure-sensitive variable-conductance material.

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 7: "sheet"
CLAIM TERM, PHRASE, OR CLAUSE sheet '991 patent: Claim 44, 46, 47 ANASCAPE'S PROPOSED CONSTRUCTION No construction is necessary. However, should the Court construe this term: thin flat piece of material See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21; Oxford American Desk Dictionary and Thesaurus (2d ed. 2001). Intrinsic and Extrinsic Evidence: see evidence cited above for Disputed Term Group 1 "pressure-sensitive variable-conductance sensor." MICROSOFT'S PROPOSED CONSTRUCTION Limited to circular disks of material adhered to a single dome cap or on top of a single circuit trace.

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 8: "Means for creating an analog [signal]"
CLAIM TERM, PHRASE, OR CLAUSE means for creating an analog electrical output proportional to varying applied physical pressure means for creating an analog electrical output proportional to varying physical pressure applied '802 patent: Claims 5, 7, 9, 10 ANASCAPE'S PROPOSED 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: creating an analog output proportional to varying applied physical pressure The parties disagree with respect to the structure. Anascape contends that the structure is: a dome-cap with a convexed inner surface and conductive material able to contact circuit traces, and equivalents thereof means for creating an analog signal representing varying applied physical pressure '991 patent: Claim 23 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: creating an analog signal representing varying applied physical pressure The parties disagree with respect to the structure. Anascape contends that the structure is: a dome-cap with a convexed inner surface and conductive material able to contact circuit traces and equivalents thereof See, e.g., '802 patent at 1:16-4:58, 5:47-10:24, 11:2512:18 and accompanying figures; '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. MICROSOFT'S PROPOSED 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: creating an analog output proportional to varying applied physical pressure The parties disagree with respect to the structure. Microsoft contends that the structure is: pressure-sensitive variable-conductance material able to contact circuit traces, and equivalents thereof 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: creating an analog signal representing varying applied physical pressure The parties disagree with respect to the structure. Microsoft contends that the structure is: pressure-sensitive variable-conductance material able to contact circuit traces, and equivalents thereof Intrinsic Evidence: `802 Patent: 2:55-58; 2:64-3:5; 5:9-28; 5:65-6:48; 7:61-8:16; 8:36-9:13; 10:58-11:25; Figs. 3-9 (and corresponding disclosure in the '991 patent).

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 9: "means for creating an On/Off output, and with varied pressure creating an analog output"
CLAIM TERM, PHRASE, OR CLAUSE means for creating an On/Off output, and with varied pressure creating an analog output '991 patent: Claim 40 ANASCAPE'S PROPOSED 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: creating an On/Off output, and with varied pressure creating an analog output The parties disagree with respect to the structure. Anascape contends that the structure is: a dome-cap with a convexed inner surface and conductive material able to contact circuit traces and equivalents thereof See, e.g., '802 patent at Abstract, 1:16-4:58, 5:47-10:24, 11:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent); '802 file history, October 7, 1998 Interview Summary, Nov. 17, 1999 Amendment at 14-21. MICROSOFT'S PROPOSED 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: creating an On/Off output, and with varied pressure creating an analog output The parties disagree with respect to the structure. Microsoft contends that the structure is: pressure-sensitive variable-conductance material able to contact circuit traces, and equivalents thereof Intrinsic and Extrinsic Evidence: see evidence cited above for Disputed Term Group 1 "pressure-sensitive variable-conductance sensor."

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 10: "electronics means . . ." and "active electronics means . . ."
CLAIM TERM, PHRASE, OR CLAUSE electronics means for at least reading the signals of said electricity manipulating devices '991 patent: Claim 23 ANASCAPE'S PROPOSED CONSTRUCTION This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: active electronics and equivalents thereof electronics means further for reading said at least one of said electricity manipulating devices including means for creating an On/Off signal, exclusively as an On/Off switch '991 patent: Claim 24 This claim term is not governed by 35 U.S.C. §112(6) and should be construed as: At least one of the electricity manipulating device includes means for creating an on/off signal. The electronics also reads this electricity manipulating device exclusively as an on/off switch However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof electronics means is further for reading at least one of said electricity manipulating devices exclusively as an On/Off switch '991 patent: Claim 28 electronics means also is for outputting to a game console information representing the signals '991 patent: Claim 30 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: reading at least one of said electricity manipulating devices exclusively as an On/Off switch Structure: ASIC or micro-controller integrated circuitry, and equivalents thereof This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: outputting to a game console information representing the signals Structure: ASIC or micro-controller integrated circuitry, and equivalents thereof MICROSOFT'S PROPOSED CONSTRUCTION This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: at least reading the signals of said electricity manipulating devices Structure: ASIC or micro-controller integrated circuitry, and equivalents thereof This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: reading said at least one of said electricity manipulating devices including means for creating an On/Off signal, exclusively as an On/Off switch Structure: ASIC or micro-controller integrated circuitry, and equivalents thereof

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
CLAIM TERM, PHRASE, OR CLAUSE active electronic means for interpreting the analog output of said pressuresensitive variable-conductance sensor '991 patent: Claim 35 ANASCAPE'S PROPOSED CONSTRUCTION This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof active electronics means for at least interpreting the outputs of said pressuresensitive variable-conductance sensor '991 patent: Claim 40 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof active electronics means for interpreting the electrical conductivity of said sensor '991 patent: Claim 66 This claim term is not governed by 35 U.S.C. §112(6) and no construction is necessary. However, should the Court decide that this term is governed by 35 U.S.C. § 112(6), the structure is: ASIC or micro-controller integrated circuitry, and equivalents thereof See, e.g., '802 patent at 2:45-4:58, 10:25-12:18 and accompanying figures (and corresponding disclosure in the '991 patent). MICROSOFT'S PROPOSED CONSTRUCTION This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: interpreting the analog output of said pressure-sensitive variable-conductance sensor Structure: ASIC or micro-controller integrated circuitry, and equivalents thereof This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: at least interpreting the outputs of said pressure-sensitive variable-conductance sensor Structure: ASIC or micro-controller integrated circuitry, and equivalents thereof This claim term is governed by 35 U.S.C. § 112, ¶ 6. Function: interpreting the electrical conductivity of said sensor Structure: ASIC or micro-controller integrated circuitry, and equivalents thereof Intrinsic Evidence: `802 Patent: 10:66-11:25; Fig. 9 (and corresponding disclosure in the '991 patent).

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EXHIBIT 1 ­ MICROSOFT-ONLY PATENTS
DISPUTED TERM GROUP 11: "snap-through"
CLAIM TERM, PHRASE, OR CLAUSE snap-through '084 patent: Claims 5-6 ANASCAPE'S PROPOSED CONSTRUCTION able to bow downward with a user discernible snap or click See, e.g.,'084 patent at Abstract, 1:22-2:7, 5:44-6:67, 9:60-10:12, and accompanying figures; '084 patent file history, April 30, 1999 Amendment at 2-3, June 19, 1999 Office Action. MICROSOFT'S PROPOSED CONSTRUCTION able to bow downward with a snap or click

Intrinsic Evidence: `084 Patent: Abstract; 1:57-67; 5:54-6:2; 6:37-46; 8:519:1; 9:44-46; 11:13-17; 11:62-64 Extrinsic Evidence: `997 Patent: e.g., 3:45-4:29 `700 Patent: e.g., 17:16-39 Standard Test Method for Determining the Tactile Ratio of a Membrane Switch, ASTM Standard F 1570 ­ 94, printed in ASTM Standards Related to Membrane Switches (1998) ASTM Standard F 1682 ­ 96 = Standard Test Method for Determining Travel of a Membrane Switch, ASTM Standard F 1682 ­ 96, printed in ASTM Standards Related to Membrane Switches (1998). John R. Mason, Switch Engineering Handbook (McGraw Hill 1993): 1.48-1.49; 9.2; 11.1-11.17; 11.29

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