Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 6 of 14 PageID #: 1371
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`JOINT CLAIM CONSTRUCTION CHARTS – P.R. 4-5(d)
`U.S. PATENT NO. 6,218,9301
`
`CLAIM 1
`
`PLAINTIFF’S CLAIM
`CONSTRUCTION
`
`DEFENDANTS’ CLAIM
`CONSTRUCTION
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`COURT’S CONSTRUCTION
`
`“data node” means Ethernet
`switch or hub
`
`“access device” means a piece of
`equipment that requires power to
`access a network and to receive
`and transmit data
`
`“data signaling pair” means a
`pair of wires used to transmit
`data between the data node and
`the access device
`
`AGREED
`
`AGREED
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`
`
`AGREED
`
`AGREED
`
`AGREED
`
`AGREED
`
`Apparatus for remotely
`1.
`powering access equipment in a
`data network, comprising:
`
` a
`
` data node adapted for data
`switching,
`
`
`
`an access device adapted for data
`transmission,
`
`
`
`at least one data signaling pair
`connected between the data node
`and the access device and
`arranged to transmit data
`therebetween,
`
`
`1
`In accordance with P.R. 4-5(d), the parties have attempted to present their proposed constructions in a manner that most clearly and efficiently outlines
`the disputed terms and the proposed constructions. To that end, Defendants have included proposed constructions that best reflect their current proposed
`constructions. In some instances, the formatting of Defendants’ proposed constructions varies from that set forth in earlier documents filed with the Court,
`although D-Link contends that such constructions are consistent with its Response brief and in accordance with the spirit of Rule 4-5(d). Network-1 believes that
`some of Defendants’ claim construction positions have changed in substance, not merely form, from those offered by Defendants in the Joint Claim Construction
`Statement and in the Defendants’ Response Brief. Specifically, Network-1 believes that, to the extent the Defendants no longer assert that “low level current”
`and “preselected condition” are governed by 35 U.S.C. § 112, ¶ 6 their position on construction of those terms has changed substantively during the course of this
`litigation. Network-1 reserves the right to challenge Defendants’ newly proposed constructions of these, or any other terms, to the extent Network-1 is
`prejudiced by the changes at this late stage in the proceeding and its inability to conduct discovery on the newly proposed constructions.
`
`
` 1
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 7 of 14 PageID #: 1372
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`CLAIM 1
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`PLAINTIFF’S CLAIM
`CONSTRUCTION
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`DEFENDANTS’ CLAIM
`CONSTRUCTION
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`COURT’S CONSTRUCTION
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`“secondary power source”
`AGREED PORTION: means a
`source of power connected to
`provide power between the data
`node and the access device using
`the data signaling pair.
`
`“secondary power source”
`AGREED PORTION: means a
`source of power connected to
`provide power between the data
`node and the access device using
`the data signaling pair.
`
`DISPUTED PORTION: The
`secondary power source may be
`derived from the main power
`source, or separate.
`
`DISPUTED PORTION: The
`secondary power source is
`separate from the main power
`source.
`
`a main power source connected
`to supply power to the data node,
`
` a
`
` secondary power source
`arranged to supply power from
`the data node via said data
`signaling pair to the access
`device,
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 8 of 14 PageID #: 1373
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`
`CLAIM 1
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`PLAINTIFF’S CLAIM
`CONSTRUCTION
`
`DEFENDANTS’ CLAIM
`CONSTRUCTION
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`COURT’S CONSTRUCTION
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`“sensing means” is governed by
`35 U.S.C. § 112 ¶ 6 and means
`the elements disclosed in the
`specification, comprising A/D
`converter and microprocessor 24,
`a resistance exemplified by
`resistors 26 and/or 30, and any
`functional equivalents thereof,
`that perform the function of:
`providing a low level detection
`current over the data signaling
`pair that is insufficient to power
`the access device, and sensing a
`resulting voltage
`
`“sensing means” is governed by
`35 U.S.C. § 112, ¶ 6.
`
`
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`The “sensing means” recites two
`functions: (1) “delivering a low
`level current from said main
`power source to the access
`device over said data signaling
`pair,” and (2) “sensing a resulting
`voltage level thereon.”
`Although the patent lists
`components, it does not clearly
`associate them with the two
`claimed functions above and the
`listed components are inadequate
`to perform those functions. As
`such, the patent fails to provide a
`corresponding structure, material
`or act for the sensing means.
`If, however, the Court find there
`is any corresponding structure, it
`should construe it, at a minimum,
`to include the following
`components listed in the patent:
`(1) “power source 16”; (2) the
`circuits that provide that power –
`“lines 18,” “high data rate
`network cable 12,” and “lead
`
`sensing means for delivering a
`low level current from said main
`power source to the access device
`over said data signaling pair and
`sensing a resulting voltage level
`thereon,
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 9 of 14 PageID #: 1374
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`
`
`CLAIM 1
`
`PLAINTIFF’S CLAIM
`CONSTRUCTION
`
`DEFENDANTS’ CLAIM
`CONSTRUCTION
`
`COURT’S CONSTRUCTION
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`
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`
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`“low level current” means a
`detection current too small to
`sustain operation of the access
`device
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`“control means” is governed by
`35 U.S.C. § 112 ¶ 6 and means
`the elements disclosed in the
`specification, comprising
`microprocessor 24, and
`functional equivalents thereof,
`that perform the function of:
`causing power transmission via
`the data signaling pair to
`remotely power the access
`device, if a preselected condition
`is met.
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`20”; (3) “switch 28”; (4)
`“resistors 26 and 30”; (5)
`“operator 32”; (6) “A/D
`converter and microprocessor
`24”; and (7) software
`(undisclosed)
`“low level current” means a
`current, of approximately 20 ma,
`sufficient to cause a dc-dc
`switching supply in the access
`device to start up, but not
`sufficient to sustain the start up
`“control means” is governed by
`35 U.S.C. § 112, ¶ 6.
`The “control means” element
`recites two functions: (1)
`“responding to said voltage
`level”; and (2) “controlling
`power supplied by said
`secondary power source to said
`access device in response to a
`preselected condition of said
`voltage level”
`The patent fails to disclose a
`corresponding structure, material
`or act for performing these two
`functions of the control means.
`In addition, one of the
`“preselected conditions”
`(defined separately below) is a
`
`
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`and control means responsive to
`said voltage level and adapted to
`control power supplied by said
`secondary power source to said
`access device in response to a
`preselected condition of said
`voltage level.
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 10 of 14 PageID #: 1375
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`
`CLAIM 1
`
`PLAINTIFF’S CLAIM
`CONSTRUCTION
`
`DEFENDANTS’ CLAIM
`CONSTRUCTION
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`COURT’S CONSTRUCTION
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`varying voltage level. When the
`control means confirms a varying
`voltage level, “switch S1 is
`closed which increases the power
`output.” No part of the circuitry
`shown or described in the '930
`Patent corresponds to the
`structure, material or acts of the
`“switch S1” function.
`When switch S1 is closed and the
`power output is increased, a
`second, software level,
`confirmation takes place. No part
`of the '930 Patent corresponds to
`the structure, material or acts of
`the “'second, software level,
`confirmation.”
`Once the control means
`determines that the access device
`is capable of receiving remote
`power, a logic circuit state
`machine begins to look for
`removal of the access device or
`an overload fault condition. No
`part of the circuitry shown or
`described in the '930 Patent
`corresponds to the structure,
`material or acts of the “logic
`circuit” or “state machine”
`function.
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 11 of 14 PageID #: 1376
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
`
`
`
`CLAIM 1
`
`PLAINTIFF’S CLAIM
`CONSTRUCTION
`
`DEFENDANTS’ CLAIM
`CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
`
`
`“preselected condition” means
`any parameter chosen to indicate
`whether an access device is able
`to accept remote power from the
`data node
`
`
`
`The “preselected condition”
`refers to three possible voltage
`level conditions: (1) no voltage
`drop; (2) a fixed level voltage
`drop; or (3) a varying level
`voltage drop. If conditions (1) or
`(2) are detected (no voltage drop
`or a fixed voltage drop), then the
`access device is identified as one
`that is unable to support remote
`power feed. If condition (3) is
`detected (a varying voltage
`drop), then the access device is
`identified as one that is able to
`support remote power feed.
`
`
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`122904.00601/11583993v.1
`122904.00601/35747685v.1
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 12 of 14 PageID #: 1377
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`CLAIM 2
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`PLAINTIFF’S CLAIM
`CONSTRUCTION
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`DEFENDANTS’ CLAIM
`CONSTRUCTION
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`COURT’S CONSTRUCTION
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`“phantom power” means power
`transmitted over a data signaling
`pair
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`“phantom power” means
`operating power transmitted from
`the secondary power source to
`the access device over the
`existing data signaling pairs
`
`
`
`Apparatus according to
`2.
`claim 1, wherein there are at least
`two data signaling pairs
`connected between the data node
`and the access device to supply
`phantom power from the
`secondary power source to the
`access device, and wherein said
`access device includes a pair of
`data transformers having center
`taps connected for locally
`powering the access device.
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 13 of 14 PageID #: 1378
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`CLAIM 6
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`PLAINTIFF’S CLAIM
`CONSTRUCTION
`
`DEFENDANT’S CLAIM
`CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
`Method for remotely
`6.
`powering access equipment in a
`data network, comprising:
`providing a data node adapted for
`data switching, an access device
`adapted for data transmission, at
`least one data signaling pair
`connected between the data node
`and the access device and
`arranged to transmit data
`therebetween, a main power
`source connected to supply
`power to the data node, and a
`secondary power source arranged
`to supply power from the data
`node via said data signaling pair
`to the access device, delivering a
`low level current from said main
`power source to the access device
`over said data signaling pair,
`sensing a voltage level on the
`data signaling pair in response to
`the low level current, and
`controlling power supplied by
`said secondary power source to
`said access device in response to
`a preselected condition of said
`voltage level.
`
`
`
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`122904.00601/11583993v.1
`122904.00601/35747685v.1
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`AGREED
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`AGREED
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`The parties agree that all the
`terms in Claim 6 which are
`identical to construed terms in
`Claims 1 or 2 (whether agreed or
`disputed) should receive the
`same constructions. The
`remaining terms in this claim do
`not need to be construed.
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`Case 6:05-cv-00291-LED Document 121 Filed 09/11/06 Page 14 of 14 PageID #: 1379
`Joint Claim Construction Charts – P.R. 4-5(d)
`September 11, 2006
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`CLAIM 9
`
`PLAINTIFF’S CLAIM
`CONSTRUCTION
`
`DEFENDANT’S CLAIM
`CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
`AGREED
`
`AGREED
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`The parties agree that all the
`terms in Claim 9 which are
`identical to construed terms in
`Claims 1 or 2 (whether agreed or
`disputed) should receive the
`same constructions. The
`remaining terms in this claim do
`not need to be construed.
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` 9
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`Method according to
`9.
`claim 6, including the step of
`continuing to sense voltage level
`and to decrease power from the
`secondary power source if
`voltage level drops on the data
`signaling pair, indicating removal
`of the access device.
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`
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`122904.00601/11583993v.1
`122904.00601/35747685v.1