`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`UNILOC 2017 LLC,
`
`
`
`
`Plaintiff,
`
`vs.
`
`Defendant.
`
`
`PAYCHEX, INC.,
`
`
`
`
`UNILOC 2017 LLC,
`
`
`
`
`Plaintiff,
`
`vs.
`
`
`ATHENAHEALTH, INC.,
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`Civil Action No. 1:19-CV-11272-RGS
`
`Civil Action No. 1:19-CV-11278-RGS
`
`SUBMISSION OF JOINT CLAIM CONSTRUCTION STATEMENT
`
`
`
`
`
`
`
`
`Case 1:19-cv-11278-RGS Document 46 Filed 03/05/20 Page 2 of 4
`
`
`
`Pursuant to the Court’s Scheduling Order, (1:19-CV-11272 Docket No. 17; 1:19-
`
`CV-11278 Docket No. 27), Plaintiff, Uniloc 2017, and Defendants, Paychex, Inc. and
`
`athenahealth, Inc. (collectively, “Defendants”) respectfully submit the Joint Claim
`
`Construction Statement, attached as Exhibit A. The parties rank the terms in the following
`
`order of importance:
`
`1. Application program(s)
`
`2. Application launcher program
`
`3. Registration operations
`
`4. File packet
`
`5. Executing the application program using the obtained user set and the obtained
`administrator set responsive to a request from the one of the plurality of
`authorized users
`
`6. Configuration manager program
`
`In addition, the parties have briefed the issue of whether two groups of claims of
`
`U.S. Patent No. 6,324,578 are indefinite: 1) claims 20, 22, 24, 35, 37, and 39; and 2) claims
`
`9, 23, 25, and 40. The parties suggest that the Court take up indefiniteness after
`
`construction of the above terms during the Markman hearing.
`
`The parties have also briefed an issue as to means-plus-function terms, and the
`
`parties suggest that the Court take that up after addressing the indefiniteness issues.
`
`
`
`
`
`1
`
`
`
`Case 1:19-cv-11278-RGS Document 46 Filed 03/05/20 Page 3 of 4
`
`Dated: March 5, 2020
`
`Respectfully submitted,
`
`/s/James J. Foster___________
`Paul J. Hayes (BBO # 227000)
`James J. Foster (BBO # 553285)
`Kevin Gannon (BBO # 640931)
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Fax: (617) 456-8100
`Email: phayes@princelobel.com
`Email: jfoster@princelobel.com
`Email: kgannon@princelobel.com
`
`Attorneys for Plaintiff Uniloc 2017 LLC
`
`
`
`
`
`
`
`/s/ Andrea L. Martin
`Andrea L. Martin (BBO #666117)
`BURNS & LEVINSON LLP
`125 High Street
`Boston, MA 02110
`Telephone:
` (617) 345-3869
`Facsimile:
` (617) 345-3299
`Email: amartin@burnslev.com
`
`Peter J. Chassman (pro hac vice)
`Email: pchassman@reedsmith.com
`Michael J. Forbes (pro hac vice)
`Email: mforbes@reedsmith.com
`REED SMITH LLP
`811 Main Street, Suite 1700
`Houston, TX 77002-6110
`Telephone: (713) 469-3800
`Facsimile: (713) 469-3899
`
`Attorneys for Defendant
`PAYCHEX, INC.
`
`
`/s/ James Sebel
`James Sebel (BBO #693531)
`sebel@fr.com
`Steven R. Katz (BBO #642732)
`katz@fr.com
`Matthew C. Berntsen (BBO #678533)
`berntsen@fr.com
`Christopher R. Dillon (BBO #640896)
`dillon@fr.com
`Andrew G. Pearson (BBO #688709)
`pearson@fr.com
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`
`Attorneys for Defendant
`athenahealth, Inc.
`
`
`
`2
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-11278-RGS Document 46 Filed 03/05/20 Page 4 of 4
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that this document filed through the ECF system will be sent
`electronically to the registered participants as identified on the Notice of Electronic Filing
`(NEF) and paper copies will be sent to those indicated as non-registered participants on
`March 5, 2020.
`
`/s/ James J. Foster_______
`James J. Foster
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
