`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`C.A. No. 16-454 (RGA)
`
`C.A. No. 16-455 (RGA)
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`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and 2K
`SPORTS, INC.,
`
`Defendants.
`
`[PROPOSED] SECOND SUPPLEMENTAL CLAIM CONSTRUCTION ORDER
`
`The Court, having considered the parties’ briefing on claim construction (D.I. 366)1, and
`
`in accordance with the reasoning set forth in the Court’s Memorandum Opinion (D.I. 423), IT IS
`
`HEREBY ORDERED that the terms of U.S. Patent Nos. 6,701,344 (the “’344 Patent”),
`
`6,714,966 (the “’966 Patent”), 6,829,634 (the “’634 Patent”), 6,910,069 (the “’069 Patent”),
`
`1 Citation to “D.I. __” refer to the docket in C.A. No. 16-453, unless otherwise noted.
`
`
`
`Case 1:16-cv-00455-RGA Document 377 Filed 01/23/18 Page 2 of 4 PageID #: 24545
`
`6,732,147 (the “’147 Patent”), and 6,920,497 (the “’497 Patent”) set forth below are construed as
`
`Patent(s)/
`Claim(s)
`
`’344/12;
`’966/12
`
`’344/13;
`14, 15
`’966/13
`
`’147/15
`
`Construction
`
`"group of connected computers or group of
`connected computer processes"
`
`"each of the broadcast channels"
`
`"computers that are equally able to send and
`receive information"
`
`’634/19,
`22
`
`Defendants’ Construction: indefinite, thus claims
`19-24 of the ’634 Patent are invalid
`
`Plaintiff’s Construction: indefinite
`
`follows:
`
`No.
`
`Term
`
`9
`
`"computer network"
`
`10
`
`"network"
`
`21
`
`24
`
`"peers" and "peer-to-
`peer connections"
`
`Preamble is limiting.
`
`"A non-routing table
`based computer
`readable medium
`containing
`instructions for
`controlling
`communications of a
`participant of a
`broadcast channel
`within a network"
`
`"a computer-based method for adding a
`participant to a network of participants that does
`not use routing table(s) or switches"
`
`25
`
`Preamble is limiting.
`
`’069/1, 11
`
`"A computer-based,
`non-routing table
`based, non-switch
`based method for
`adding a participant
`to a network of
`participants"
`
`26
`
`Preamble is limiting.
`
`’147/1
`
`plain and ordinary meaning
`
`"A method of
`disconnecting a first
`computer from a
`second computer, the
`first computer and the
`
`2
`
`
`
`Case 1:16-cv-00455-RGA Document 377 Filed 01/23/18 Page 3 of 4 PageID #: 24546
`
`No.
`
`Term
`
`Patent(s)/
`Claim(s)
`
`Construction
`
`’147/11,
`15, 16
`
`plain and ordinary meaning
`
`second computer
`being connected to a
`broadcast channel,
`said broadcast
`channel forming an
`m-regular graph
`where m is at least 3,
`the method
`comprising:"
`
`Preamble is limiting.
`
`"A computer-
`readable medium
`containing
`instructions for
`controlling
`disconnecting of a
`computer from
`another computer, the
`computer and the
`other computer being
`connected to a
`broadcast channel,
`said broadcast
`channel being an m-
`regular graph where
`m is at least 3"
`
`28
`
`Preamble is limiting
`
`’497/9, 16
`
`"A component in a
`computer system for
`locating a call-in port
`of a portal computer"
`
`"a hardware component programmed to locate a
`call-in port of a portal computer"
`
`37
`
`"port ordering
`algorithm"
`
`’497/9, 16
`
`"rule-based procedure for generating an order of
`portal computer ports in a non-random manner"
`
`Furthermore, pursuant to the Court’s guidance (see D.I. 386 at 19), Term 18 is modified
`
`as follows:
`
`3
`
`
`
`Case 1:16-cv-00455-RGA Document 377 Filed 01/23/18 Page 4 of 4 PageID #: 24547
`
`No.
`
`Term
`
`18
`
`“m-connected”
`“m-connected
`network”
`
`Patent(s)/
`Claim(s)
`
`’634/1, 19
`
`Construction
`
`“A state that the network is configured to
`maintain, where the network may be divided into
`disconnected sub-networks by the removal of m
`participants”
`
`IT IS SO ORDERED this _______ day of January, 2018
`
`United States District Judge
`
`4
`
`