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`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC.'S P.R. 3-1 DISCLOSURES
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`AND ACCOMPANYING DOCUMENT PRODUCTION
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3003647
`
`
`
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF TEXAS
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`MARSHALL DIVISION
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`
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`
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`Civil Action No. 2:13-cv-01079-JRG
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`JURY DEMANDED
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`CONSTELLATION TECHNOLOGIES LLC
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`
`Plaintiff
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`TIME WARNER CABLE INC.,
`TIME WARNER CABLE ENTERPRISES,
`LLC
`
`
`Defendants
`
`
`vs.
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`CISCO Exhibit 1016, pg. 1
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`

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`Pursuant to P.R. 3-1 and 3-2, Plaintiff Constellation Technologies LLC ("Constellation")
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`hereby provides this initial disclosure and accompanying document production. Constellation's
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`statements are based on an analysis of publicly available materials that describe or discuss aspects
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`of the accused infringing services offered by, and networks and systems designed, configured,
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`maintained and operated by, Defendants Time Warner Cable Inc. and Time Warner Cable
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`Enterprises, LLC (individually and collectively, "TWC"). TWC, for example, has not provided
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`Constellation with any source code, design plans, configuration guides or other pertinent
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`documents related to the design, operation or maintenance of its networks or its offering of data,
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`voice and video services. TWC generally maintains its networks and systems in private facilities,
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`and cloaks the details of its operations in secrecy. Many of the pertinent details of TWC's
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`networks and services are believed to be in TWC's exclusive possession and control, and cannot
`be reverse engineered using lawful means.1 Accordingly, the accused methods and systems, and
`the patent claims that they infringe discussed herein and in the attached exhibits, include only
`
`those that Constellation presently believes infringe claims of the patents based on Constellations'
`
`understanding (founded on public information) of how those methods and systems are configured
`
`and operate. Constellation expects that information to be revealed in future discovery may result
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`in identification of additional instances of TWC's infringement, and may also enable identification
`
`of additional claims infringed by TWC. Furthermore, it is possible that information to be provided
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`in confidential discovery could be inconsistent with public information regarding the accused
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`methods and apparatus, necessitating amendment of Constellations' contentions. Constellation
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`therefore reserves the right to amend these disclosures, based on information developed in the
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`course of this lawsuit.
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`This disclosure is made solely for the purpose of this action. This disclosure is subject to
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`all objections as to competence, relevance, materiality, propriety, and admissibility, and to any and
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`all other objections on any grounds that would require the exclusion of statements contained
`
`
`1 The conclusion of infringement requires a combination of fact discovery, claim
`construction and expert analysis. Constellation recognizes that at the time of its expert
`infringement report it will assert claims from the group of the identified claims presented in its
`Patent Local Rule disclosures.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 1 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 2
`
`

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`herein if such disclosure were asked of, or statements contained herein were made by, a witness
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`present and testifying in court, all of which objections and grounds are expressly reserved and may
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`be interposed at the time of trial.
`I.
`
`INFRINGEMENT OF U.S. PATENT NO. 6,128,649 (THE "SMITH PATENT")
`A.
`In accordance with P.R. 3-1(a), based on the information presently available to it, for
`
`Identification of Infringed Claims
`
`Accused Smith Instrumentalities (see below for definition), Constellation identifies at least claims
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`1, 4-5, 10-12 and 14 of the Smith Patent. Pending discovery, Constellation reserves the right to
`
`identify additional claims of the Smith Patent.
`B.
`In accordance with P.R. 3-1(b), based on the public information presently available to it,
`
`Identification of Accused Instrumentalities
`
`Constellation identifies at least the following services, processes, methods, systems, or other
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`instrumentalities of TWC that infringe or are covered by the identified claims of the Smith Patent:
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`TWC's switched-digital video ("SDV") services and systems, TWC's video-on-demand ("VOD")
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`services and systems, TWC's IP cable television services (including TWC TV App) and systems,
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`and TWC's video conferencing services and systems (collectively, the "Accused Smith
`
`Instrumentalities").
`
`Constellation makes these preliminary disclosures without the benefit of any formal
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`discovery in this action, and reserves the right to amend its identification of claims and infringing
`
`instrumentalities based on additional information obtained through discovery or otherwise.
`C.
`In accordance with P.R. 3-1(c), attached hereto as Exhibit A are infringement claim charts
`
`Preliminary Infringement Claim Charts
`
`reflecting the Accused Smith Instrumentalities' infringement of the currently identified claims of
`
`the Smith Patent.
`
`The attached infringement claim charts are based only on publicly available documents and
`
`information and no documents have been provided by TWC to Constellation. Therefore,
`
`additional patents, claims, and infringement claim charts may become applicable as information
`
`regarding TWC networks, systems and services is acquired through the discovery process and
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 2 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 3
`
`

`
`otherwise. Constellation reserves the right to amend its infringement contentions and charted
`
`information as discovery progresses.
`
`Constellation further reserves the right to amend its claim charts under Patent Local Rules.
`D.
`In accordance with P.R. 3-1(d), unless expressly stated otherwise in the infringement
`
`Literal Infringement and Doctrine of Equivalents
`
`charts, Constellation alleges that each element of each identified claim of the Smith Patent is
`
`literally present in the Accused Smith Instrumentalities. Furthermore, TWC has not yet provided
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`any non-infringement contentions, or otherwise identified any elements of the claims that it asserts
`
`are not satisfied by its products or processes. To the extent that, in the future, any differences are
`
`alleged to exist between the above-identified claims and the accused instrumentalities, such
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`differences are expected to be insubstantial—the Accused Smith Instrumentalities perform exactly
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`or substantially the same function as recited in the claims, in exactly or substantially the same way
`
`as recited in the claims, to yield exactly or substantially the same result as contemplated by the
`
`claims. Additionally, there is not believed to be prosecution history estoppel as to pertinent
`
`limitations; and the structure and functionality provided by TWC is being used to satisfy the
`
`limitations and therefore there is no vitiation of the claim elements. Thus, should the Court find
`
`any of the claim elements not satisfied literally, the Accused Smith Instrumentalities would still
`
`infringe under the doctrine of equivalents.
`
`Constellation further reserves the right to amend its contentions under Patent Local Rules.
`E.
`In accordance with P.R. 3-1(e), Constellation presently understands that the identified
`
`Statement of Earliest Priority Date
`
`claims of the Smith Patent are entitled to priority dates of at least as early as, and possibly earlier
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`than, the effective filing date of Application No. 08/867,624, which was June 2, 1997. Pending
`
`Constellation's further investigation, including third-party discovery, Constellation reserves the
`
`right to assert earlier dates that may be claimed on bases such as the timing of conception or actual
`
`reduction to practice.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 3 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 4
`
`

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`Identification of Instrumentalities Embodying the Smith Patent
`
`F.
`At present, Constellation is not aware of any systems, services, processes, methods, acts or
`
`other instrumentalities of Constellation that practice the Smith Patent. Constellation's
`
`investigation under Local Patent Rule 3-1(f) is on-going. Pending Constellation's further
`
`investigation, including third-party discovery, Constellation reserves its right to supplement this
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`identification as its investigation proceeds.
`II.
`
`INFRINGEMENT OF U.S. PATENT NO. 6,845,389 (THE "SEN PATENT")
`A.
`In accordance with P.R. 3-1(a), based on the information presently available to it, for
`
`Identification of Infringed Claims
`
`Accused Sen Instrumentalities (see below for definition), Constellation identifies at least claims 1-
`
`2, 4-7, 8-9, 10, 13, 14, 16, 18-19, 21-25, 34, 36-37, 38, and 40- 41of the Sen Patent. Pending
`
`discovery, Constellation reserves the right to identify additional claims of the Sen Patent.
`B.
`In accordance with P.R. 3-1(b), based on the public information presently available to it,
`
`Identification of Accused Instrumentalities
`
`Constellation identifies at least the following services, processes, methods, systems, or other
`
`instrumentalities of TWC that infringe or are covered by the identified claims of the Sen Patent:
`
`TWC's IP Multimedia Subsystem networks, TWC's operation and maintenance of its IP
`
`Multimedia Subsystem networks, and services that TWC offers over IP Multimedia Subsystem
`
`networks, including IP voices, video, gaming and data services (collectively, the "Accused Sen
`
`Instrumentalities").
`
`Constellation makes these preliminary disclosures without the benefit of any formal
`
`discovery in this action, and reserves the right to amend its identification of claims and infringing
`
`instrumentalities based on additional information obtained through discovery or otherwise.
`C.
`In accordance with P.R. 3-1(c), attached hereto as Exhibit B are infringement claim charts
`
`Preliminary Infringement Claim Charts
`
`reflecting the Accused Sen Instrumentalities' infringement of the currently identified claims of the
`
`Sen Patent.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 4 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 5
`
`

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`The attached infringement claim charts are based only on publicly available documents and
`
`information and no documents have been provided by TWC to Constellation. Therefore,
`
`additional patents, claims, and infringement claim charts may become applicable as information
`
`regarding TWC networks, systems and services is acquired through the discovery process and
`
`otherwise. Constellation reserves the right to amend its infringement contentions and charted
`
`information as discovery progresses.
`
`Constellation further reserves the right to amend its claim charts under Patent Local Rules.
`D.
`In accordance with P.R. 3-1(d), unless expressly stated otherwise in the infringement
`
`Literal Infringement and Doctrine of Equivalents
`
`charts, Constellation alleges that each element of each identified claim of the Sen Patent is literally
`
`present in the Accused Sen Instrumentalities. Furthermore, TWC has not yet provided any non-
`
`infringement contentions, or otherwise identified any elements of the identified claims that it
`
`asserts are not satisfied by its products or processes. To the extent that, in the future, any
`
`differences are alleged to exist between the above-identified claims and the accused
`
`instrumentalities, such differences are expected to be insubstantial—the Accused Sen
`
`Instrumentalities perform exactly or substantially the same function as recited in the claims, in
`
`exactly or substantially the same way as recited in the claims, to yield exactly or substantially the
`
`same result as contemplated by the claims. Additionally, there is not believed to be prosecution
`
`history estoppel as to pertinent limitations; and the structure and functionality provided by TWC is
`
`being used to satisfy the limitations and therefore there is no vitiation of the claim elements. Thus,
`
`should the Court find any of the claim elements not satisfied literally, the Accused Sen
`
`Instrumentalities would still infringe under the doctrine of equivalents.
`
`Constellation further reserves the right to amend its contentions under Patent Local Rules.
`E.
`In accordance with P.R. 3-1(e), Constellation presently understands that the identified
`
`Statement of Earliest Priority Date
`
`claims of the Sen Patent are entitled to priority dates of at least as early as, and possibly earlier
`
`than, the effective filing date of Provisional Application No. 60/203,761, which was May 12,
`
`2000. May 12, 2000 is a priority date that may be claimed based on earlier applications as
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 5 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 6
`
`

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`distinguished, for example, from even earlier dates that may be claimed on alternative bases such
`
`as the timing of conception or actual reduction to practice. Pending Constellation's further
`
`investigation, including third-party discovery, Constellation reserves the right to assert earlier
`
`dates that may be claimed on bases such as the timing of conception or actual reduction to
`
`practice.
`F.
`At present, Constellation is not aware of any systems, services, processes, methods, acts or
`
`Identification of Instrumentalities Embodying the Sen Patent
`
`other instrumentalities of Constellation that practice the Sen Patent. At present, Constellation is
`
`also not aware of any systems, services, process, method, act or other instrumentality that
`
`members of Nortel used, imported, sold or offered for sale practiced the Sen Patent.
`
`Constellation's investigation under Local Patent Rule 3-1(f) is on-going. Pending Constellation's
`
`further investigation, including third-party discovery, Constellation reserves its right to
`
`supplement this identification as its investigation proceeds.
`III.
`
`INFRINGEMENT OF U.S. PATENT NO. 6,902,048 (THE "WANG PATENT")
`A.
`In accordance with P.R. 3-1(a), based on the information presently available to it, for
`
`Identification of Infringed Claims
`
`Accused Sen Instrumentalities (see below for definition), Constellation identifies at least claims 1-
`
`5, 7-8, 11, 20-25, and 26-29 of the Wang Patent. Pending discovery, Constellation reserves the
`
`right to identify additional claims of the Wang Patent.
`B.
`In accordance with P.R. 3-1(b), based on the public information presently available to it,
`
`Identification of Accused Instrumentalities
`
`Constellation identifies at least the following services, processes, methods, systems, or other
`
`instrumentalities of TWC that infringe or are covered by the identified claims of the Wang Patent:
`
`services that TWC provides over its networks running Multi-Protocol Label Switching ("MPLS")
`
`protocol, TWC's maintenance and operation of its MPLS networks, and TWC's MPLS networks
`
`(collectively, the "Accused Wang Instrumentalities").
`
`Constellation makes these preliminary identifications without the benefit of any formal
`
`discovery in this action, and reserves the right to amend its identification of identified claims and
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 6 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 7
`
`

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`infringing instrumentalities based on additional information obtained through discovery or
`
`otherwise.
`C.
`In accordance with P.R. 3-1(c), attached hereto as Exhibit C are infringement claim charts
`
`Preliminary Infringement Claim Charts
`
`reflecting the Accused Wang Instrumentalities' infringement of the currently identified claims of
`
`the Wang Patent.
`
`The attached infringement claim charts are based only on publicly available documents and
`
`information and no documents have been provided by TWC to Constellation. Therefore,
`
`additional patents, claims, and infringement claim charts may become applicable as information
`
`regarding TWC networks, systems and services is acquired through the discovery process and
`
`otherwise. Constellation reserves the right to amend its infringement contentions and charted
`
`information as discovery progresses.
`
`Constellation further reserves the right to amend its claim charts under Patent Local Rules.
`D.
`In accordance with P.R. 3-1(d), unless expressly stated otherwise in the infringement
`
`Literal Infringement and Doctrine of Equivalents
`
`charts, Constellation alleges that each element of each identified claim of the Wang Patent is
`
`literally present in the Accused Wang Instrumentalities. Furthermore, TWC has not yet provided
`
`any non-infringement contentions, or otherwise identified any elements of the identified claims
`
`that it asserts are not satisfied by its products or processes. To the extent that, in the future, any
`
`differences are alleged to exist between the above-identified claims and the accused
`
`instrumentalities, such differences are expected to be insubstantial—the Accused Wang
`
`Instrumentalities perform exactly or substantially the same function as recited in the claims, in
`
`exactly or substantially the same way as recited in the claims, to yield exactly or substantially the
`
`same result as contemplated by the claims. Additionally, there is not believed to be prosecution
`
`history estoppel as to pertinent limitations; and the structure and functionality provided by TWC is
`
`being used to satisfy the limitations and therefore there is no vitiation of the claim elements. Thus,
`
`should the Court find any of the claim elements not satisfied literally, the Accused Wang
`
`Instrumentalities would still infringe under the doctrine of equivalents.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 7 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 8
`
`

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`Constellation further reserves the right to amend its contentions under Patent Local Rules.
`E.
`In accordance with P.R. 3-1(e), Constellation presently understands that the identified
`
`Statement of Earliest Priority Date
`
`claims of the Wang Patent are entitled to a priority date at least as early as, and possibly earlier
`
`than, the earliest effective filing date of the parent applications where it is described, which here
`
`are Application No. 09/603,355, which had an effective filing date of August June 26, 2000, and
`
`Application No. 09/378,141, which had an effective filing date of August 20, 1999. These priority
`
`dates are ones that may be claimed based on earlier applications as distinguished, for example,
`
`from even earlier dates that may be claimed on alternative bases such as the timing of conception
`
`or actual reduction to practice. Pending Constellation's further investigation, including third-party
`
`discovery, Constellation reserves the right to assert earlier dates that may be claimed on bases such
`
`as the timing of conception or actual reduction to practice
`F.
`At present, Constellation is not aware of any systems, services, processes, methods, acts or
`
`Identification of Instrumentalities Embodying the Wang Patent
`
`other instrumentalities of Constellation that practice the Wang Patent. Constellation's
`
`investigation under Local Patent Rule 3-1(f) is on-going. Pending Constellation's further
`
`investigation, including third-party discovery, Constellation reserves its right to supplement this
`
`identification as its investigation proceeds.
`IV.
`
`INFRINGEMENT OF U.S. PATENT NO. 7,154,879 (THE "PFEFFER PATENT")
`A.
`In accordance with P.R. 3-1(a), based on the information presently available to it, for
`
`Identification of Infringed Claims
`
`Accused Pfeffer Access Network Instrumentalities (see below for definition), Constellation
`
`identifies at least claims 1-6, 8-9, 12-13 and 16 of the Pfeffer Patent. For Accused Pfeffer Whole-
`
`House Entertainment Instrumentalities (see below for definition), based on the information
`
`presently available to it, Constellation further identifies at least claims 1-7, 10 and 16 of the
`
`Pfeffer Patent. Pending discovery, Constellation reserves the right to identify additional claims of
`
`the Pfeffer Patent.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 8 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 9
`
`

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`Identification of Accused Instrumentalities
`
`B.
`In accordance with P.R. 3-1(b), based on the public information presently available to it,
`
`Constellation identifies at least the following services, processes, methods, systems, or other
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`instrumentalities of TWC that infringe or are covered by the identified claims of the Pfeffer
`
`Patent: TWC's point-to-multipoint access networks (such as Ethernet Passive Optical Networks),
`
`TWC's operation and maintenance of its point-to-multipoint access networks, and TWC's
`
`provision of services over such point-to-multipoint access networks (collectively, the "Accused
`
`Pfeffer Access Network instrumentalities"); TWC's point-to-multipoint whole-house
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`entertainment networks, TWC's operation and maintenance of its point-to-multipoint whole-house
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`entertainment networks and TWC's whole-house entertainment services (collectively, the
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`"Accused Pfeffer Whole-House Entertainment Instrumentalities"; and "Accused Pfeffer Access
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`Network instrumentalities" and "Accused Pfeffer Whole-House Entertainment Instrumentalities",
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`collectively, "Accused Pfeffer TWC Instrumentalities").
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`Constellation makes these preliminary disclosures without the benefit of any formal
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`discovery in this action, and reserves the right to amend its identification of claims and infringing
`
`instrumentalities based on additional information obtained through discovery or otherwise.
`C.
`In accordance with P.R. 3-1(c), attached hereto as Exhibit D-1 are infringement claim
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`Preliminary Infringement Claim Charts
`
`charts reflecting the Accused Pfeffer Access Network Instrumentalities' infringement of the
`
`currently identified claims of the Pfeffer Patent; and attached hereto as Exhibit D-2 are
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`infringement claim charts reflecting the Accused Pfeffer Whole-House Entertainment
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`Instrumentalities' infringement of the currently identified claims of the Pfeffer Patent.
`
`The attached infringement claim charts are based only on publicly available documents and
`
`information and no documents have been provided by TWC to Constellation. Therefore,
`
`additional patents, claims, and infringement claim charts may become applicable as information
`
`regarding TWC networks, systems and services is acquired through the discovery process and
`
`otherwise. Constellation reserves the right to amend its infringement contentions and charted
`
`information as discovery progresses.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 9 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 10
`
`

`
`Constellation further reserves the right to amend its claim charts under Patent Local Rules.
`D.
`In accordance with P.R. 3-1(d), unless expressly stated otherwise in the infringement
`
`Literal Infringement and Doctrine of Equivalents
`
`charts, Constellation alleges that each element of each identified claim of the Pfeffer Patent is
`
`literally present in the Accused Pfeffer TWC Instrumentalities. Furthermore, TWC has not yet
`
`provided any non-infringement contentions, or otherwise identified any elements of the identified
`
`claims that it asserts are not satisfied by its products or processes. To the extent that, in the future,
`
`any differences are alleged to exist between the above-identified claims and the accused
`
`instrumentalities, such differences are expected to be insubstantial—the Accused Pfeffer TWC
`
`Instrumentalities perform exactly or substantially the same function as recited in the claims, in
`
`exactly or substantially the same way as recited in the claims, to yield exactly or substantially the
`
`same result as contemplated by the claims. Additionally, there is not believed to be prosecution
`
`history estoppel as to pertinent limitations; and the structure and functionality provided by TWC is
`
`being used to satisfy the limitations and therefore there is no vitiation of the claim elements. Thus,
`
`should the Court find any of the claim elements not satisfied literally, the Accused Pfeffer TWC
`
`Instrumentalities would still infringe under the doctrine of equivalents.
`
`Constellation further reserves the right to amend its contentions under Patent Local Rules.
`E.
`In accordance with P.R. 3-1(e), Constellation presently understands that the identified
`
`Statement of Earliest Priority Date
`
`claims of the Pfeffer Patent are entitled to priority date of at least as early as, and possibly earlier
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`than, the effective filing date of Provisional Application No. 60/207,800, which was May 30,
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`2000. This priority date is one that may be claimed based on earlier applications as distinguished,
`
`for example, from even earlier dates that may be claimed on alternative bases such as the timing of
`
`conception or actual reduction to practice. Pending Constellation's further investigation, including
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`third-party discovery, Constellation reserves the right to assert earlier dates that may be claimed
`
`on bases such as the timing of conception or actual reduction to practice.
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`28
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 10 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 11
`
`

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`Identification of Instrumentalities Embodying the Pfeffer Patent
`
`F.
`At present, Constellation is not aware of any systems, services, process, method, act or
`
`other instrumentality of Constellation that practice the Pfeffer Patent. Pending Constellation's
`
`further investigation, including third-party discovery, Constellation reserves its right to
`
`supplement this identification as its investigation proceeds.
`V.
`
`INFRINGEMENT OF U.S. PATENT NO. 8,134,917 (THE "FREDETTE PATENT")
`A.
`In accordance with P.R. 3-1(a), based on the information presently available to it, for
`
`Identification of Infringed Claims
`
`Accused Sen Instrumentalities (see below for definition), Constellation identifies at least claims 9-
`
`11, 13 and 15-18 of the Fredette Patent. Pending discovery, Constellation reserves the right to
`
`identify additional claims of the Fredette Patent.
`B.
`In accordance with P.R. 3-1(b), based on the public information presently available to it,
`
`Identification of Accused Instrumentalities
`
`Constellation identifies at least the following services, processes, methods, systems, or other
`
`instrumentalities of TWC that infringe or are covered by the identified claims of the Fredette
`
`Patent: services that TWC provides over its networks running Multi-Protocol Label Switching
`
`("MPLS") protocol, TWC's maintenance and operation of its MPLS networks, and TWC's MPLS
`
`netwoks (collectively, the "Accused Fredette TWC Instrumentalities").
`
`Constellation makes these preliminary disclosures without the benefit of any formal
`
`discovery in this action, and reserves the right to amend its identification of claims and infringing
`
`instrumentalities based on additional information obtained through discovery or otherwise.
`C.
`In accordance with P.R. 3-1(c), attached hereto as Exhibit E are infringement claim charts
`
`Preliminary Infringement Claim Charts
`
`reflecting the Accused Fredette TWC Instrumentalities' infringement of the currently identified
`
`claims of the Fredette Patent.
`
`The attached infringement claim charts are based only on publicly available documents and
`
`information and no documents have been provided by TWC to Constellation. Therefore,
`
`additional patents, claims, and infringement claim charts may become applicable as information
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`s3003647
`
`
`- 11 -
`
`PLAINTIFF CONSTELLATION TECHNOLOGIES LLC'S
`P.R. 3-1 DISCLOSURES
`
`
`CISCO Exhibit 1016, pg. 12
`
`

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`regarding TWC networks, systems and services is acquired through the discovery process and
`
`otherwise. Constellation reserves the right to amend its infringement contentions and charted
`
`information as discovery progresses.
`
`Constellation further reserves the right to amend its claim charts under Patent Local Rules.
`D.
`In accordance with P.R. 3-1(d), unless expressly stated otherwise in the infringement
`
`Literal Infringement and Doctrine of Equivalents
`
`charts, Constellation alleges that each element of each identified claim of the Fredette Patent is
`
`literally present in the Accused Fredette TWC Instrumentalities. Furthermore, TWC has not yet
`
`provided any non-infringement contentions, or otherwise identified any elements of the identified
`
`claims that it asserts are not satisfied by its products or processes. To the extent that, in the future,
`
`any differences are alleged to exist between the above-identified claims and the accused
`
`instrumentalities, such differences are expected to be insubstantial—the Accused Fredette TWC
`
`Instrumentalities perform exactly or substantially the same function as recited in the claims, in
`
`exactly or substantially the same way as recited in the claims, to yield exactly or substantially the
`
`same result as contemplated by the claims. Additionally, there is not believed to be prosecution
`
`history estoppel as to pertinent limitations; and the structure and functionality provided by TWC is
`
`being used to satisfy the limitations and therefore there is no vitiation of the claim elements. Thus,
`
`should the Court find any of the claim elements not satisfied literally, the Accused Fredette TWC
`
`Instrumenta