`EXHIBIT 2015
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`EXHIBIT 2015
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`
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`Case 2:07-cv-00271-CE Document 229 Filed 09/09/10 Page 1 of 2
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CASE NO. 2:07-CV-271-CE
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`§§§§
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`§
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`ORDER
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`AMERANTH, INC.
`
`vs.
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`MENUSOFT SYSTEMS CORPORATION
`and CASH REGISTER SALES &
`SERVICE OF HOUSTON, INC.
`
`Currently before the Court is paragraph 5 of Plaintiff’s Second Motion in Limine. (Dkt. No.
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`188). Contained within paragraph 5 of Plaintiff’s motion are three sub-motions addressed to
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`testimony inconsistent with the Court’s claim construction order. Plaintiff seeks to exclude
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`evidence, testimony, and argument that (5a) “transmitting ... to a web page” is not transmitting to
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`a traditional web client; (5b) that “actual transmission” is required; and (5c) that data must reside on
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`or be stored on a client device.
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`With regard to part 5a of Plaintiff’s motion in limine, the Court has ordered the parties to
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`provide supplemental briefing for the purpose of construing the term “transmitting ... to a web page.”
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`Until the Court construes this term, neither party is to argue or offer evidence or testimony to the jury
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`that the claim limitation at issue requires anything more than transmitting to a traditional web client
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`without first approaching the bench. In the event that the Court construes the term more narrowly,
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`the jury will receive an appropriate instruction.
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`
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`Case 2:07-cv-00271-CE Document 229 Filed 09/09/10 Page 2 of 2
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`With regard to part 5b of Plaintiff’s motion in limine, the Court GRANTS Plaintiff’s motion.
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`Limitation g of the asserted independent claims requires “software for generating ... and
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`transmitting,” not actual transmission.
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`With regard to part 5c of Plaintiff’s motion in limine, the Court DENIES Plaintiff’s motion.
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`The Court’s construction requires that “a change to data made on a central server is updated on client
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`devices and vice versa” which implicitly, if not explicitly, requires data on the client devices. In the
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`context of the invention, the client devices must have some capacity for data storage, even if only
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`temporary, because the systems of the independent claims require software capable of transmitting
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`data in the form of menus to the client devices. However, Defendant is cautioned against presenting
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`evidence, testimony, or argument to the jury that any kind of permanent data storage capability is
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`required in the client devices without first approaching the bench. The Court’s construction does
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`not require the client device to contain a database or to retain a complete copy of the data from the
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`central server.
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`2
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