`
`trXHIBIT C
`
`
`
`Case 1:19-cv-11278-RGS Document 45-4 Filed 02/20/20 Page 2 of 2
`
`Foster, James J.
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Jim,
`
`I write on behalf of Defendants.
`
`Chassman, Peter J. < PChassman@ReedSmith.com>
`Tuesday, January 21,2020 1:38 PM
`Foster, James J.; 'Steven Katz'; amartin@burnslev.com; Forbes, Michael J.; James Sebel
`Ercolini, Michael; Tollefson, Brian A.; uniloc; Gillis, Maria
`RE: Uniloc v. Paychex (1:L9-cv-L1-272-RGS): 2019-12-12 Uniloc Disclosure of claim terms
`-Paychex
`
`We disagree that there is any limitation on the number of indefiniteness issues that Defendants may present to the
`Court. lt simply makes sense to do so at the same time as claim construction, which this Court has done in the past. All
`of the indefiniteness contentions that we intend to raise with the Court were included in our invalidity contentions,
`served months ago, although we do not intend to pursue all of them. Here is a summary of what we intend to brief on
`indefiniteness:
`
`Claims 20,22,24,35,37 and 39-40 of the'578 patent are invalid as indefinite, because the Eastern District of
`Texas found that to be the case and Uniloc did not appeal, and, therefore, offensive collateral bars Uniloc from
`arguing otherwise.
`Although the Eastern District of Texas did not address the indefiniteness of claims 9,23,25, and 40 of the '578
`patent in the case referenced above, these claims are invalid as indefinite on the same bases as the list above.
`Claims t6-46 of the '578 patent and claims L2,14,17 and '19 of the '293 patent are indefinite because they
`contain computer implemented "mean-plus-function" terms for which the specification does not disclose an
`algorithm as required corresponding structure. Defendants brief will focus on five exemplary terms from those
`claims:
`o "means for installing...to the network" ('578)
`o "means for distributing...to the network" ('5781
`o "means for providing an instance...plurality of authorized users" ('578)
`o "means for specifying a source directory and a target directory for distribution of the application
`program" ('293)
`o "means for distributing the file packet to the target on-demand server to make the application program
`available for use by a user at a client" ('293)
`
`a
`
`a a
`
`During the meet and confer process, Defendants specifically asked Uniloc to identify the corresponding structure for the
`means plus function terms, and you stated that Uniloc would not do so. Thus, we plan to serve our opening brief
`without Uniloc's positions in hand.
`
`Regards,
`Pete
`
`Peter J. Chassman
`Reed Smith t-t-p
`Suite 1700
`811 Main Street
`Houston, TX77002-6110
`pchassman@reedsm ith. com
`+1 713 469-3885
`+1 713 702-8213 (cell)
`
`1
`
`
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