Case 1:16-cv-00455-RGA Document 256 Filed 09/06/17 Page 1 of 6 PageID #: 19381
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`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.
`
`)
`) C.A. No. 16-453 (ROA)
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`) C.A. No. 16-454 (ROA)
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`) C.A. No. 16-455 (ROA)
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`~}SJ\I CLAIM CONSTRUCTION ORDER
`
`The Court, having considered the parties' briefing on claim construction (D.I. 186, 225,
`
`237, 240), and in accordance with the reasoning set forth in the Court's Memorandum Opinion
`
`(DJ. 275), 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
`
`l
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`

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`Case 1:16-cv-00455-RGA Document 256 Filed 09/06/17 Page 2 of 6 PageID #: 19382
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`Patent"), 6, 732, 14 7 (the"' 147 Patent"), and 6,920,497 (the "'497 Patent") set forth below are
`
`construed as follows:
`
`"means for identifying a
`broadcast channel for a
`game of interest"
`
`'344/13
`
`Function: "Identifying a broadcast channel
`for a game of interest"
`
`2
`
`3
`
`"means for identifying a
`game of interest includes
`accessing a web server
`that maps games to
`corresponding broadcast
`channel"
`
`"means for identifying a
`broadcast channel for a
`topic of interest"
`
`'966/13
`
`Structure: A processor programmed to
`perform the algorithm disclosed in steps
`described in the '344 Patent at 16:57-17:1,
`which involves connecting to a web server
`and downloading a broadcaster component
`that identifies the broadcast channel for the
`game of interest.
`
`'344/14
`
`Function: Identifying a game of interest
`includes accessing a web server that maps
`games to corresponding broadcast channel
`
`Structure: A processor programmed to
`perform the algorithm disclosed in steps
`described in '344 Patent at 16:57-17:1,
`which involves connecting to a web server
`and downloading a broadcaster component
`that identifies the broadcast channel for the
`game
`of interest
`Function: Identifying a broadcast channel
`for a topic of interest
`
`Structure: A processor programmed to
`perform the algorithm disclosed in steps
`described in '966 Patent at 16:41-51, which
`involves connecting to a web server and
`downloading a broadcaster component that
`identifies the broadcast channel for a topic
`of interest
`
`f
`I
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`I
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`'
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`2
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`

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`Case 1:16-cv-00455-RGA Document 256 Filed 09/06/17 Page 3 of 6 PageID #: 19383
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`"means for connecting to
`the identified broadcast
`channel"
`
`'344/13
`'966113
`
`Function: "Connecting to the identified
`broadcast channel"
`
`'344 Structure: A processor programmed
`to perform at least one of the algorithms
`disclosed in steps 801 to 809 in Figure 8
`and described in the '344 Patent at 17:67-
`19:34, 19:66-20:44, 21 :4-53, 22:61-24:6,
`andFigures9, 11, 13, 14, 17and 18,or
`Figures 3A and 3B and described in the
`'344 Patent at 5:33-55, which involves
`invoking the connecting routine with the
`identified broadcast channel's type and
`instance, connecting to the broadcast.
`
`'966 Structure: A processor programmed
`to perform at least one of the algorithms
`disclosed in steps 801 to 809 in Figure 8
`and described in the '966 Patent at 18:3-
`20:9, 20:41-21:19, 21:46-22:28,23:37-
`24:49, and Figures 9, 11, 13, 14, 17 and 18,
`or Figures 3A and 3B and described in the
`'966 Patent at 5:32-52, which involves
`invoking the connecting routine with the
`identified broadcast channel's type and
`instance, connecting to the broadcast
`channel, connecting to a neighbor, and
`connecting to a fully connected state.
`
`5
`
`"means for identifying
`the portal computer"
`
`'49719
`
`Function: "Identifying a portal computer"
`
`Structure: A processor programmed to
`perform the algorithm described in the '497
`Patent at 12:34-36 and 12:49-52, which
`involves performing the steps of the
`seeking computer having a list of portal
`computers to connect to and selecting the
`port number of the portal computer using a
`ort-orderin al orithm.
`
`1 Defendants believe that two terms, Terms 4 and 18, require clarification because the language
`of the construction is not consistent with the reasoning or arguments presented. The parties have
`discussed the issue and have reached an impasse. Therefore, Defendants will ask the Court to
`clarify its constructions.
`
`3
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`f I
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`

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`Case 1:16-cv-00455-RGA Document 256 Filed 09/06/17 Page 4 of 6 PageID #: 19384
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`6
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`7
`
`8
`
`'497/9
`
`"means for identifying
`the call-in port of the
`identified portal
`computer by repeatedly
`trying to establish a
`connection with the
`identified portal
`computer through
`contacting a
`communications port or
`communications ports
`until a connection is
`successfully established"
`
`'497/9
`
`"means for selecting the
`call-in port of the
`identified portal
`computer using a port
`ordering algorithm"
`
`"means for re-ordering
`the communications
`ports selected by the port
`ordering algorithm"
`
`'497/9
`
`Function: "Identifying the call-in port of
`the identified portal computer by
`repeatedly trying to establish a connection
`with the identified portal computer through
`contacting a communications port or
`communications ports until a connection is
`successfully established"
`
`Structure: A processor programmed to
`perform the algorithm described in the '497
`Patent at 12:46-65, which involves
`performing the steps of the seeking
`computer contact the portal computer using
`the dynamically selected call-in port and
`repeating the process with the next
`dynamically selected port number if no
`acce table broadcast channel is found.
`Function: "Selecting the call-in port of the
`identified portal computer using a port
`ordering algorithm"
`
`Structure: A processor programmed to
`perform the algorithm described in the '497
`Patent at 11:60-12:12, which involves
`performing the steps of using a port
`ordering algorithm for selecting the call in
`port of the identified portal computer by
`using an algorithm that provides a
`se uence of ort numbers.
`Function: "Re-ordering the
`communications ports selected by the port
`ordering algorithm"
`
`Structure: A processor programmed to
`perform the algorithm described in the '497
`Patent at 12: 18-12:28, which involves
`performing the steps of using the call-in
`port number generated by the port ordering
`algorithm, and ifthe connection is
`unsuccessful, reordering the
`communication arts.
`
`4
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`

`

`. '
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`Case 1:16-cv-00455-RGA Document 256 Filed 09/06/17 Page 5 of 6 PageID #: 19385
`
`17
`
`"m-regular"
`"m-regular network"
`
`'34411, 13,
`18
`'96611, 13
`'63411, 19
`'14711, 11
`
`For the '344, '966, and '634 patents: "A
`state that the network is configured to
`maintain, where each participant is
`connected to exactly m neighbor
`participants"
`
`For the' 147 patent: "A state that the
`network is configured to maintain, where
`each computer is connected to exactly m
`nei hbor com uters"
`"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 in a steady
`state"
`No construction. Plain and ordinary
`meaning.
`
`18*2
`
`"m-connected"
`"m-connected network"
`
`'63411, 19
`
`16
`
`"m"
`
`'344/1, 13,
`18
`'96611, 13
`'63411, 19
`'147/1, 11
`
`2 See footnote 1.
`
`5
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`

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`. '
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`Case 1:16-cv-00455-RGA Document 256 Filed 09/06/17 Page 6 of 6 PageID #: 19386
`
`IT IS SO ORDERED this _f2__ day of September, 2017
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`I
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`5382524
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`6
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