Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 1 of 43 PageID #: 703
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`
`CASE NO. 6:08cv030-LED
`
`JURY DEMANDED
`
`Parties’ Compliance with
`Patent Rule 4-3
`
`Joint Claim Construction and
`Prehearing Statement
`
`
`
`
`
`NETWORK-1 SECURITY SOLUTIONS,
`INC., a Delaware corporation,
`
` Plaintiff,
`
`vs.
`
`CISCO SYSTEMS, INC., a California
`corporation; CISCO-LINKSYS, L.L.C., a
`California Limited Liability Company;
`ADTRAN, INC., a Delaware corporation;
`ENTERASYS NETWORKS, INC., a
`Delaware corporation; EXTREME
`NETWORKS, INC., a Delaware corporation;
`FOUNDRY NETWORKS, INC., a Delaware
`corporation; NETGEAR, INC., a Delaware
`corporation; 3COM CORPORATION, a
`Delaware corporation;
`
` Defendants.
`
`
`Parties’ Joint Claim Construction and Prehearing Statement
`Pursuant to Patent Rule 4-3
`
`
`
`
`
`
`
`Pursuant to Patent Rule 4-3, Network-1 Security Solutions, Inc.
`
`(“Network-1”) and Defendants Cisco Systems, Inc., Cisco-Linksys, L.L.C., Adtran, Inc.,
`Enterasys Networks, Inc., Extreme Networks, Inc., Foundry Networks, Inc., and 3Com
`Corporation (collectively “Defendants”) submit this Joint Claim Construction and
`Prehearing Statement in accordance with the Court’s June 17, 2008 Docket Control
`Order.
`
`
`
`
`1
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 2 of 43 PageID #: 704
`
`I.
`Pursuant to P. R. 4-3(a), the parties do not agree to the construction of any terms
`or phrases.
`
`Pursuant to P. R. 4-3(b), the parties dispute the construction of the claim terms,
`II.
`phrases, or clauses set forth in Exhibit A. For the convenience of the Court, the parties’
`proposed constructions for the disputed claim terms and phrases are found in the table
`attached as Exhibit A. This table also includes each party’s identification of intrinsic and
`extrinsic evidence in support of their respective proposed constructions.
`
`Pursuant to P.R. 4-3(c):
` III.
`Plaintiff and Defendants anticipate the length of time necessary for the Claim
`Construction Hearing is approximately 2 hours per side for a total of 4 hours.
`
`Pursuant to P.R. 4-3(d), the parties state as follows:
`
`A.
`
`
`B.
`
`The parties agree that neither side will present live expert testimony at the
`hearing. Because the parties will not be calling witnesses at the Claim
`Construction Hearing, the parties are not providing information pursuant
`to P.R 4-3(d) at this time. The parties, however, may submit declarations
`to support their claim constructions.
`
`Network-1’s additional position: If the parties intend to submit a
`declaration to support their claim constructions, the parties should provide
`a copy of the declaration to the opposing parties such that the opposing
`parties have the opportunity, if they chose, to depose the declarant during
`the Claim Construction discovery period.
`
`C. Defendants additional position: If Plaintiff submits an expert declaration
`in support of its claim construction, then pursuant to Patent Local Rule 4-
`5(b), the defendants reserve the right to submit evidence with their
`responsive brief, including, if necessary, an expert declaration in response
`to any submitted by plaintiff with its opening brief pursuant to Patent
`Local Rule 4-5(a).
`
`
`
`2
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`
`
`IV.
`
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`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 3 of 43 PageID #: 705
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`Pursuant to P.R. 4-3(e), the parties do not believe that a prehearing conference
`prior to the Claim Construction Hearing is necessary.
`
`V.
`
`
`VI.
`
`The parties have agreed to use Michael T. McLemore as a Technical Advisor to
`assist the Court in the Claim Construction Hearing. Mr. McLemore’s information
`is attached. Mr. McLemore has confirmed that he is available to attend the Claim
`Construction Hearing.
`
`
`Dated: July 24, 2009
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/_____________________________
`Eric Findlay
`Findlay Craft, LLP
`6760 Old Jacksonville Hwy
`Suite 101
`Tyler, TX 75703
`Tel: (903) 534-1100
`Fax: (903) 534-1137
`
`William F. Lee (admitted pro hac vice)
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`60 State Street
`Boston, Massachusetts 02109
`Telephone: (617) 526-6000
`Facsimile: (617) 526-5000
`E-mail: william.lee@wilmerhale.com
`
`Mark Selwyn
`William J. Bohler
`Niki Z. Moore
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1117 California Avenue
`Palo Alto, California 94304
`Telephone: (650) 858-6000
`Facsimile: (650) 858-6100
`E-mail: mark.selwyn@wilmerhale.com
`E-mail: william.bohler@wilmerhale.com
`E-mail: niki.moore@wilmerhale.com
`
`ATTORNEYS FOR CISCO
`SYSTEMS, INC. AND CISCO-LINKSYS,
`
`
`
`3
`
`
`
`
`
`
`
`By: /s/ Sean A. Luner
`Sean A. Luner
`State Bar No. 165443
`Gregory S. Dovel
`State Bar No. 135387
`Dovel & Luner, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: 310-656-7066
`Facsimile: 310-657-7069
`Email: sean@dovellaw.com
`Email: greg@dovellaw.com
`
`T. John Ward, Jr.
`State Bar No. 00794818
`Ward & Smith Law Firm
`111 W. Tyler St.
`Longview, Texas 75601
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`Email: jw@jwfirm.com
`
`ATTORNEYS FOR PLAINTIFF,
`NETWORK-1 SECURITY SOLUTIONS,
`INC.
`
`
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 4 of 43 PageID #: 706
`
`LLC
`
`/s/_____________________________
`William Cornelius
`State Bar No. 04834700
`WILSON, ROBERTSON & CORNELIUS, P.C.
`P.O. Box 7339
`Tyler, Texas 75711-7339
`Tel: (903) 509-5000
`Fax: (903) 509-5091
`wc@wilsonlawfirm.com
`
`Richard C. Vasquez
`Jeffrey T. Lindgren
`Eric W. Benisek
`Craig E. Davis
`Stephen C. Steinberg
`Avin P. Sharma
`VASQUEZ BENISEK & LINDGREN LLP
`3685 Mt. Diablo Blvd, Suite 300
`Lafayette, CA 94549
`Tel: (925) 627-4250
`Fax: (925) 403-0900
`rvasquez@vbllaw.com
`jlindgren@vbllaw.com
`ebenisek@vbllaw.com
`cdavis@vbllaw.com
`ssteinberg@ vbllaw.com
`asharma@ vbllaw.com
`
`ATTORNEYS FOR DEFENDANT
`ENTERASYS NETWORKS, INC.
`
`/s/_____________________________
`Henry C. Bunsow, Esq.
`K.T. Cherian, Esq.
`Constance F. Ramos, Esq.
`John D. Hamann, Esq.
`Subroto Bose, Esq.
`HOWREY LLP
`525 Market Street, Suite 3600
`San Francisco, California 94105
`Tel: (415) 848-4900
`Fax: (415) 848-4999
`bunsowh@howrey.com
`cheriank@howrey.com
`
`
`
`4
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`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 5 of 43 PageID #: 707
`
`ramosc@howrey.com
`hamannj@howrey.com
`boses@howrey.com
`
`ATTORNEYS FOR DEFENDANT
`AND COUNTERCLAIMANT
`FOUNDRY NETWORKS, INC.
`
`/s/_____________________________
`David D. Bahler – Lead Attorney
`State Bar No. 01513100
`Gilbert A. Greene
`State Bar No. 24045976
`FULBRIGHT & JAWORSKI LLP
`600 Congress Avenue, Suite 2400
`Austin, TX 78701
`Tel: (512) 474-5201
`Fax: (512) 536-4598
`dbhaler@fulbright.com
`ggreene@fulbright.com
`
`COUNSEL FOR DEFENDANT
`ADTRAN, INC.
`
`/s/_____________________________
`Melvin R. Wilcox, III
`State Bar No. 21454800
`YARBROUGH WILCOX, PLLC
`100 E. Ferguson St., Suite 1015
`Tyler, Texas 75702
`Tel: (903) 595-1133
`Fax: (903) 595-0191
`mrw@yw-lawfirm.com
`
`Jeffrey E. Ostrow
`(admitted pro hac vice)
`SIMPSON THACHER & BARTLETT LLP
`2550 Hanover Street
`Palo Alto, CA 94304
`Tel: (650) 251-5000
`Fax: (650) 251-5002
`jostrow@sbtlaw.com
`
`ATTORNEYS FOR DEFENDANT
`3COM CORPORATION
`
`
`
`
`5
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`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 6 of 43 PageID #: 708
`
`/s/_____________________________
`Behrooz Shariati
`JONES DAY
`1755 Embarcadero Road
`Palo Alto, CA 94303
`Tel: (650) 739-3939
`bshariati@jonesday.com
`
`ATTORNEYS FOR DEFENDANT
`EXTREME NETWORKS, INC.
`
`
`
`/s/ Sean A. Luner
`
`CERTIFICATE OF SERVICE
`
`This is to certify that a true and correct copy of the above and foregoing
`
`
`document was served, via E-mail, on counsel for Defendants this 24th day of July, 2009.
`
`
`
`
`
`
`
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`
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`
`6
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`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 7 of 43 PageID #: 709
`
`Exhibit A
`
`The Parties’ Proposed Constructions with Intrinsic and Extrinsic Evidence
`
`U.S. Patent No. 6,218,930
`
`Network-1’s Proposed Construction and
`Support
`
`Defendants’ Proposed Construction and
`Support
`
`
`
` CLAIM TERM
`
`Claim 1
`
`Pre: Apparatus for remotely
`powering access equipment in a
`data network comprising:
`
`No construction is necessary.
`
`
`No construction is necessary.
`
`[a] a data node adapted for data
`switching
`
`D-Link1: “data node” means
`“Ethernet switch or hub”
`
`“data node” means “Ethernet switch or hub”
`
`Intrinsic Evidence:
` Title (“Apparatus and method for remotely
`powering access equipment over a 10/100
`switched Ethernet network”);
` Abstract (“Apparatus for remotely powering
`access equipment over a 10/100 switched
`Ethernet network”);
` 1:13-14 (“This invention broadly relates to
`the powering of 10/100 Ethernet compatible
`equipment”);
` 1:45-48 (“It is another object of this
`
`“data node” means “data switch or hub”
`
`Intrinsic Evidence:
`Col. 1:27-32 (“Data communications
`equipment has traditionally required high
`power levels to operate which has made it
`prohibitive to implement. The widely
`distributed nature as well as the use of shared
`media used in data networks has also made
`remote power impractical.”).
`Col. 1:33-38 (referring to “[t]he desire to add
`remotely powered devices to a data network
`
`
`1
`“D-Link” refers to this Court’s construction of terms in the ‘930 Patent in Network-1 v. D-Link Corp., Case No. 6:05-cv-291,
`Docket No. 137 (November 20, 2006).
`
`
`
`7
`
`

`
`CLAIM TERM
`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 8 of 43 PageID #: 710
`
`Network-1’s Proposed Construction and
`Support
`invention to provide methods and apparatus
`for delivering remote power to remote
`equipment over 10/100 switched Ethernet
`segments and maintain compliance with
`IEEE 802.3 standards.”);
` 1:51-53 (“In accord with the objects of the
`invention an apparatus for remotely
`powering access equipment over a 10/100
`switched Ethernet network comprises”);
` 1:60-27 (The complete apparatus comprises
`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, a secondary power
`source arranged to supply power from the
`data node via the data signaling pair to the
`access device.”);
` 2:21-25 (“FIG. 1 is a simplified schematic
`diagram of the remote power automatic
`detection system of the present invention,
`shown in conjunction with a single unit of
`remote access equipment connected as part
`of an Ethernet local area network”);
` 2:26-29 (FIG. 2 is a simplified schematic
`drawing of a power feed configuration for
`
`Defendants’ Proposed Construction and
`Support
`….”)
`Col. 1:41-48 (“It is therefore an object of the
`invention to provide methods and apparatus for
`reliably determining if a remote piece of
`equipment is capable of accepting remote
`power. It is another object of this invention to
`provide methods and apparatus for delivering
`remote power to remote equipment over
`10/100 switched Ethernet segments and
`maintain compliance with IEEE 802.3
`standards.”)
`Col. 2:47 (“network data node 14, such as a
`switch or hub.”)
`Col. 4:43-45 (“4. Apparatus according to claim
`1, wherein the data node is an Ethernet switch
`card incorporating said secondary power
`supply, said sensing means and said control
`means.”).
`Col. 4:6-8 (“While there is disclosed what is
`considered to be the preferred embodiment of
`the invention, other modifications will occur to
`those skilled in the art.”)See also Figs. 1, 2, 3,
`Abstract, claims 1, 4, 6.
`
`Extrinsic Evidence:
`
`Evidence (in the form of an expert declaration
`
`
`
`8
`
`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 9 of 43 PageID #: 711
`
`Defendants’ Proposed Construction and
`Support
`or otherwise), if necessary to respond to
`Plaintiff’s expert.
`
`
`
`CLAIM TERM
`
`Network-1’s Proposed Construction and
`Support
`supplying power to the remote access
`equipment on the local area network”);
` 2:29-32 (“FIG 3 is a simplified physical
`layout of a portion of a switched Ethernet
`network segment showing a telephone
`device powered through the network data
`carrying medium”);
` 2:36-39 (“Referring now to FIG. 1 of the
`drawing, a remote device 10 which is
`compatible with 10/1000 Ethernet
`requirements is connected through a data
`communications network interface adapter
`to a high data rate network cable 12.”);
` 2:44-48 (“Cable 12 is preferable Category 5
`wiring such as 100BaseX suitable for 100
`Mb/s data communications over a switched
`Ethernet network, and is connected to a port
`in a network data node 14, such as switch or
`hub.”);
` 2:48-51 (“Ethernet frames containing data
`are transmitted over cable 12 between node
`14 and device 10, and from node 14 to and
`form the network in accordance with
`selected protocols in a conventional manner
`known in the art.”);
` 3:7-11 (“If a fixed voltage level is detected
`then the remote equipment contains a dc
`resistive termination (a ‘bob smith’ is
`
`
`
`9
`
`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 10 of 43 PageID #: 712
`
`Defendants’ Proposed Construction and
`Support
`
`CLAIM TERM
`
`Network-1’s Proposed Construction and
`Support
`typical for Ethernet terminations”);
` 3:28-31 (“Referring now to FIG. 2 of the
`drawing, a suitable remote power supply is
`shown generally as 34, which may be
`conveniently incorporated into an Ethernet 8
`port switch card”);
` 3:60-66 (“The remote access equipment in
`this case is a telephone 62 equipped to
`handle data communications as well as
`voice and is connected through an access
`node 64 to premises wiring 66, comprising a
`Category 5 Ethernet 100BaseX cable of 4
`sets of unshielded twisted pairs, which carry
`both data and power to the telephone 62.”);
` 3:66-4:4 (“Wiring 66 is connected to one of
`the ports of an 8 port Ethernet switch 68
`which is powered from a main power supply
`70. The Ethernet switch card incorporates
`the automatic remote power detector 22
`discussed in FIG. 1”);
` Figure 1 (“Network Data Node 14”);
` Figure 2;
` Figure 3 (“CAT-5 Ethernet Premises
`Wiring” 66 and “8-Port Ethernet switches”
`68); and
` claims 1, 2, 4, and 6.
`
`
`
`
`10
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 11 of 43 PageID #: 713
`
`CLAIM TERM
`
`[b] an access device adapted for
`data transmission,
`
`D-Link2: “access device” means
`“a piece of equipment that
`requires power to access a
`
`Network-1’s Proposed Construction and
`Support
`Extrinsic Evidence:
`
` IEEE 802.3 Standard, December 26, 2008
`(“This standard defines Ethernet local area,
`access and metropolitan area networks”);
` Newton’s Telecom Dictionary, 21st Ed.
`(2005) at 316 (“Ethernet A local Area
`Network (LAN) standard officially known
`as IEEE 802.3);
` Microsoft Computer Dictionary, 5th Ed.
`(2002) at 198 (“Ethernet n. 1. The IEEE
`802.3 standard for contention networks);
` McGraw Hill Computer Desktop
`Encyclopedia, 9th Ed. (2001) at 328
`(“Ethernet. The most widely-used local area
`network (LAN) access method, defined by
`the IEEE as the 802.3 standard.”); and
` expert declaration.
`
`“access device” means “a device that can
`access an Ethernet network”
`
`Alternative: “access device” means “a piece of
`equipment that requires power to operate and
`can access a network to receive and transmit
`
`Defendants’ Proposed Construction and
`Support
`
`“access device” means “a piece of equipment
`that requires power to access a network and to
`receive and transmit data”
`
`Intrinsic Evidence:
`
`
`2
`“D-Link” refers to this Court’s construction of the terms in the ‘930 Patent in Network-1 v. D-Link Corp., Case No. 6:05-cv-
`291, Docket No. 137 (November 20, 2006).
`
`
`
`11
`
`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 12 of 43 PageID #: 714
`
`CLAIM TERM
`
`network and to receive and
`transmit data”
`
`Network-1’s Proposed Construction and
`Support
`data”
`
`Defendants’ Proposed Construction and
`Support
`Same as for “data node” and:
`
`Intrinsic Evidence:
`
` Title (“Apparatus and method for remotely
`powering access equipment over a 10/100
`switched Ethernet network”);
` Abstract (“Apparatus for remotely powering
`access equipment over a 10/100 switched
`Ethernet network comprises an Ethernet
`switch card with a phantom power supply
`for remote access equipment and added
`circuitry for automatic detection of remote
`equipment being connected to the network;
`determining whether the remote equipment
`is capable of accepting remote power in a
`non-intrusive manger; delivering the
`phantom power to the remote equipment
`over the same wire pairs that deliver the
`data signals, and automatically detecting if
`the remote equipment is removed from the
`network.”);
` 1:13-14 (“This invention broadly relates to
`the powering of 10/100 Ethernet compatible
`equipment”);
` 1:33-40 (“The desire to add remotely
`powered devices to a data network is being
`pushed by the convergence of voice and
`data technologies. The advent of IP
`
`Title (“Apparatus and Method for Remotely
`Powering Access Equipment ….”)
`
`Abstract (referring to “access equipment,”
`“remote access equipment,” and “remote
`equipment”; “delivering the phantom power to
`the remote equipment over the same wire pairs
`that deliver the data signals ….”)
`
` Col. 2:18-32 (description of the drawings
`referring to “remote access equipment
`connected as part of an Ethernet local area
`network,” “supplying power to the remote
`access equipment on the local area network,”
`and “a telephone device powered through the
`network data carrying medium.”)
`
`Col. 2:40-49 (“Remote access device 10
`requires power to carry out its operation and
`includes an internal dc-dc switching supply ….
`Cable 12 … is connected to a port in a network
`data node 14 …. Data are transmitted over
`cable 12 between node 14 and device 10 ….”)
`
`Col. 3:19-22 (“When the power to the remote
`equipment reaches the proper level, the remote
`power supply turns on and the remote
`
`
`
`12
`
`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 13 of 43 PageID #: 715
`
`Defendants’ Proposed Construction and
`Support
`equipment becomes active.”)
`
`Col. 3:60-66 (“The remote access equipment in
`this case is a telephone 62 equipped to handle
`data communications as well as voice and is
`connected through an access node 64 to
`premises wiring 66 … which carry both data
`and power to the telephone 62.”)
`
`Col. 4:1-5 (“power is provided over the wiring
`66 both to the remote access node 64 and
`telephone 62.”)
`
`See also Figs. 1, 2, 3; claims 1, 2, 4, 6.
`
`Extrinsic Evidence:
`
`Evidence (in the form of an expert declaration
`or otherwise), if necessary to respond to
`Plaintiff’s expert.
`
`
`
`Network-1’s Proposed Construction and
`Support
`Telephony, Voice over IP and Voice over
`Packet technologies has brought traditional
`telephony requirements into the data
`environment. It is not desirable to have a
`phone powered by a local wall transformer.
`It is desirable to have a centrally powered
`system that can be protected during a power
`outage.”);
` 1:45-48 (“It is another object of this
`invention to provide methods and apparatus
`for delivering remote power to remote
`equipment over 10/100 switched Ethernet
`segments and maintain compliance with
`IEEE 802.3 standards.”);
` 1:51-53 (“In accord with the objects of the
`invention an apparatus for remotely
`powering access equipment over a 10/100
`switched Ethernet network comprises”);
` 1:60-2:7 (“The complete apparatus
`comprises 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 secondary power source
`arranged to supply power from the data
`node via the data signaling pair to the access
`device, sensing means for delivering a low
`
`CLAIM TERM
`
`
`
`13
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`

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`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 14 of 43 PageID #: 716
`
`Defendants’ Proposed Construction and
`Support
`
`CLAIM TERM
`
`Network-1’s Proposed Construction and
`Support
`level current from said main power source
`to the access device over the data signaling
`pair and sensing a resulting voltage level
`thereon, and control means responsive to
`said voltage level and adapted to control
`power supplied by the secondary power
`source to said access device in response to a
`preselected condition of the voltage level.”);
` 2:8-14 (“The method includes the steps of
`delivering a low level current from the main
`power source to the access device over the
`data signaling pair … and controlling power
`supplied by the secondary power source to
`the access device in response to a
`preselected condition of the voltage level”);
` 2:21-25 (“FIG. 1 is a simplified schematic
`diagram of the remote power automatic
`detection system of the present invention,
`shown in conjunction with a single unit of
`remote access equipment connected as part
`of an Ethernet local area network”);
` 2:26-29 (FIG. 2 is a simplified schematic
`drawing of a power feed configuration for
`supplying power to the remote access
`equipment on the local area network”);
` 2:29-32 (“FIG 3 is a simplified physical
`layout of a portion of a switched Ethernet
`network segment showing a telephone
`
`
`
`14
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 15 of 43 PageID #: 717
`
`Defendants’ Proposed Construction and
`Support
`
`CLAIM TERM
`
`Network-1’s Proposed Construction and
`Support
`device powered through the network data
`carrying medium”);
` 2:36-44 (“Referring now to FIG. 1 of the
`drawing, a remote device 10 which is
`compatible with 10/1000 Ethernet
`requirements is connected through a data
`communications network interface adapter
`to a high data rate network cable 12.
`Remote access device 10 requires power to
`carry out its operation and includes an
`internal dc-dc switching supply which, in
`the absence of the present invention, would
`be supplied by an ac transformer adapter
`plugged in to the local 110 volt supply.”);
` 2:44-48 (“Cable 12 is preferable Category 5
`wiring such as 100BaseX suitable for 100
`Mb/s data communications over a switched
`Ethernet network, and is connected to a port
`in a network data node 14, such as switch or
`hub.”);
` 2:48-51 (“Ethernet frames containing data
`are transmitted over cable 12 between node
`14 and device 10, and from node 14 to and
`form the network in accordance with
`selected protocols in a conventional manner
`known in the art.”);
` 3:7-11 (“If a fixed voltage level is detected
`then the remote equipment contains a dc
`
`
`
`15
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 16 of 43 PageID #: 718
`
`Defendants’ Proposed Construction and
`Support
`
`CLAIM TERM
`
`Network-1’s Proposed Construction and
`Support
`resistive termination (a ‘bob smith’ is
`typical for Ethernet terminations”);
` 3:28-31 (“Referring now to FIG. 2 of the
`drawing, a suitable remote power supply is
`shown generally as 34, which may be
`conveniently incorporated into an Ethernet 8
`port switch card”);
` 3:60-66 (“The remote access equipment in
`this case is a telephone 62 equipped to
`handle data communications as well as
`voice and is connected through an access
`node 64 to premises wiring 66, comprising a
`Category 5 Ethernet 100BaseX cable of 4
`sets of unshielded twisted pairs, which carry
`both data and power to the telephone 62.”);
` 3:66-4:4 (“Wiring 66 is connected to one of
`the ports of an 8 port Ethernet switch 68
`which is powered from a main power supply
`70. The Ethernet switch card incorporates
`the automatic remote power detector 22
`discussed in FIG. 1”).
` Figure 1 (“Remote Access Equipment 10”);
` Figure 2; and
` Figure 3 (“CAT-5 Ethernet Premises
`Wiring” 66 and “8-Port Ethernet switches”
`68; “Access Node 64”; “Telephone 62”);
`and
` claims 1, 2, 5, 6, 7, 8, and 9.
`
`
`
`16
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 17 of 43 PageID #: 719
`
`Network-1’s Proposed Construction and
`Support
`
`Extrinsic Evidence:
`
` IEEE Standard Dictionary of Electrical and
`Electronics Terms, 6th Ed. (1997) (“access
`(2)(A) Any means of establishing logical or
`physical communication with a computer or
`communications system”);
` NetworkDictionary.com (“An access device
`is a network component used to gain access
`to network resources from a remote
`location.”); and
` expert declaration.
`
`“data signaling pair” means “a pair of wires
`used to transmit data”
`
`
`Alternative: “data signaling pair” means “a
`pair of wires used to transmit data between the
`data node and the access device”
`
`Intrinsic Evidence:
`
` Title (“Apparatus and method for remotely
`powering access equipment over a 10/100
`switched Ethernet network”);
` Abstract (“An apparatus for remotely
`powering access equipment over a 10/100
`
`Defendants’ Proposed Construction and
`Support
`
`“data signaling pair” means “a pair of wires
`used to transmit data between the data node
`and the access device”
`
`Intrinsic Evidence:
`
`Col. 2:44-46, 48-49 (“”Cable 12 is preferably
`Category 5 wiring such as 100BaseX suitable
`for 100Mb/s data communications ….”; “data
`are transmitted over cable 12 between node 14
`and device 10 ….”)
`
`Col. 3:60-66 (referring to “Category 5 Ethernet
`100BaseX cable of 4 sets of unshielded twisted
`
`CLAIM TERM
`
`[c] at least one data signaling pair
`connected between the data node
`and the access device and
`arranged to transmit data
`therebetween,
`
`
`
`“data node” see 1[a]
`“access device” see 1[b]
`
`D-Link: “data signaling pair”
`means “a pair of wires used to
`transmit data between the data
`node and the access device.”
`
`
`
`17
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 18 of 43 PageID #: 720
`
`CLAIM TERM
`
`Network-1’s Proposed Construction and
`Support
`switched Ethernet network.”);
` Abstract (“delivering the phantom power to
`the remote equipment over the same wire
`pairs that deliver the data signals.”);
` 1:56-58 (“delivering the power to remote
`equipment over the same wire pairs that
`deliver the data signals”);
` 1:60-2:7 (“at least one data signaling pair
`connected between the data node and the
`access device and arranged to transmit data
`therebetween, . . . a secondary power source
`arranged to supply power from the data
`node via the data signaling pair to the access
`device, sensing means for delivering a low
`level current from said main power source
`to the access device over the data signaling
`pair and sensing a resulting voltage level
`thereon.”)
` 2:8-2:14 (“The method includes the steps of
`delivering a low level current from the main
`power source to the access device over the
`data signaling pair, sensing a voltage level
`on the data signaling pair in response to the
`low level current, and controlling power
`supplied by the secondary power source to
`the access device in response to a
`preselected condition of the voltage level.”);
` 2:21-26 (“FIG. 1 is a simplified schematic
`
`Defendants’ Proposed Construction and
`Support
`pairs, which carry both data and power ….”)
`
`See also Figs. 1, 2, 3.
`
`
`Extrinsic Evidence:
`
`Evidence (in the form of an expert declaration
`or otherwise), if necessary to respond to
`Plaintiff’s expert.
`
`
`
`“at least one data signaling pair connected
`between the data node and the access device”
`means “the at least one data signaling pair
`connects the data node to the access device”
`
`Intrinsic Evidence:
`
`Col. 2:35-39 (“Referring now to FIG. 1 of the
`drawing, a remote access device 10 … is
`connected to through a data communications
`network interface adapter to a high data rate
`network cable 12.”)
`
`Col. 2:44-51 (“Cable 12 … is connected to a
`port in a network data node 14” and “data are
`transmitted over cable 12 between node 14 and
`
`
`
`18
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 19 of 43 PageID #: 721
`
`CLAIM TERM
`
`Network-1’s Proposed Construction and
`Support
`diagram of the remote power automatic
`detection system of the present invention,
`shown in conjunction with a single unit of
`remote access equipment connected as part
`of an Ethernet local area network.”);
` 2:26-28 (“FIG 2 is a simplified schematic
`drawing of a power feed configuration for
`supplying power to the remote access
`equipment on the local area network.”);
` 2:29-31 (“FIG. 3 is a simplified physical
`layout of a portion of a switched Ethernet
`network segment showing a telephone
`device
` 2:52-59 (“In accordance with the present
`invention, a power source 16, ... is
`connected to cable 12 via lines 18 to supply
`a power level sensing potential to the remote
`access equipment 10 over one of the cable
`conductors. A return path from the remote
`access equipment 10 is connected through a
`lead 20 to an automatic remote power
`detector.”);
` 3:44-48 (“Remote power is delivered to the
`remote equipment over the existing data
`signaling pairs (phantom power feed).
`Although it is typical that all 8 signal leads
`are delivered to remote equipment, only the
`4 signaling leads are guaranteed in practice.
`
`Defendants’ Proposed Construction and
`Support
`device 10….”)
`
`Col. 2:52-57 (“a power source 16 … is
`connected to cable 12 via lines 18 to supply a
`power level sensing potential to the remote
`access equipment 10 over one of the cable
`conductors.”)
`
`Col. 3:44-45 (“Remote power is delivered to
`the remote equipment over the existing data
`signaling pairs (phantom power feed).”)
`Col. 3:60-4:5 (“The remote access equipment
`in this case is a telephone 62 … and is
`connected through an access node 64 to
`premises wiring 66, comprising a Category 5
`Ethernet 100BaseX cable of 4 sets of
`unshielded twisted pairs …. Wiring 66 is
`connected to one of the ports of an … Ethernet
`switch 68 …. The Ethernet switch card
`incorporates the automatic remote power
`detector 22 discussed in FIG. 1 and the remote
`power supply 34 discussed in FIG. 2. The
`power is provided over the wiring 66 both to
`the remote access node 64 and the telephone
`62.”)
`
`See also Figs. 1, 3; claims 1, 6; Col. 2:66-3:17
`
`
`
`19
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 20 of 43 PageID #: 722
`
`CLAIM TERM
`
`Defendants’ Proposed Construction and
`Support
`(“Automatic detection of remote equipment
`being connected to the network is
`accomplished by delivering a low level current
`… to the network interface and measuring a
`voltage drop in the return path. There are three
`states which can be determined: no voltage
`drop, a fixed voltage drop or a varying level
`voltage drop ….”)
`
`Extrinsic Evidence:
`
`Evidence (in the form of an expert declaration
`or otherwise), if necessary to respond to
`Plaintiff’s expert.
`
`
`Network-1’s Proposed Construction and
`Support
`See FIG. 2 for the power feed
`configuration.”); and
` 3:59-66 (“FIG. 3 illustrates the physical
`layout of components corresponding to the
`schematic diagram of FIG 1. The remote
`access equipment in this case is a telephone
`62 equipped to handle data communications
`as well as voice and is connected through an
`access node 64 to premises wiring 66,
`compromising a Category 5 Ethernet
`100BaseX cable of 4 sets of unshielded
`twisted pairs, which carry both data and
`power to the telephone 62.”);
` Figure 1 (including 12, 18, and 20);
` Figure 2 (including 40, 42, 48, and 50);
` Figure 3 (“CAT-5 Ethernet Premises Wiring
`66”); and
` claims 1, 2, 6, 7, and 9.
`
`Extrinsic Evidence:
`
` Microsoft Computer Dictionary, 5th Ed.
`(2002) (“data signal n. The information
`transmitted over a line or circuit. It consists
`of binary digits and can include actual
`information or messages and other elements
`such as control characters or error-checking
`codes.”); and
`
`
`
`20
`
`

`
`Case 6:08-cv-00030-LED Document 168 Filed 07/24/09 Page 21 of 43 PageID #: 723
`
`Network-1’s Proposed Construction and
`Support
` expert declaration.
`
`“at least one data signaling pair connected
`between the data node and the access device”
`does not need any additional construction other
`than “data signaling pair,” “data node,” and
`“access device” addressed above.
`
`“main power source” means “source of ma