Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 1 of 62 PageiD #:
`1428
`
`Appendix 1
`P.R. 4-3
`Joint Claim Construction Chart
`
`Agreed Terms
`
`Agreed Construction
`Claims 1 and 41: "converting the video file from
`a format that is not compatible with the video file
`format requirements of the second wireless device
`to a format that is compatible with the video file
`format requirements of the with the second
`wireless device"
`
`Claim 12: "convert the video file from a format
`that is not compatible with the video file format
`requirements of the second wireless device to a
`format that is compatible with the video file
`format requirements of the with the second
`wireless device"
`
`Court's Construction
`
`1.
`
`Term(s)
`"converting with one or more
`computer processors, the
`format of the selected video file
`to a format that is compatible
`with the video file format
`requirements of the second
`wireless communications
`device" I
`
`"convert the format of the
`selected video file to a format
`that is compatible with the
`video file format requirements
`of the second wireless
`communications device" I
`
`"converting with one or more
`computer processors, the
`format of the selected video file
`to a format that is compatible
`with the video file format
`requirements of the second
`computing device"
`
`'651 Patent, claims 1, 12, 41
`
`1
`
`Verizon Wireless
`Exhibit 1038-0001
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 2 of 62 PageiD #:
`1429
`
`Disputed Terms
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Support
`"allow a user to download the received and
`unconverted video file"
`
`INTRINSIC EVIDENCE:
`'692 patent at the following: Figs. 8-11; 2:19-
`30; 3:47-54; 3:63-4:10; 4:45-58; 6:30-51;
`6:65-7:26; 8:59-9:5; 10:59-11: 10; 11 :27-38;
`11:55-60; 12:1-7; Claims 1, 12, 41.
`
`2.
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`"allow a user to download Plain meaning. If construction is
`the video file"
`necessary, then: "permit a user to
`download the video file"
`
`'759 Patent, claim 53
`
`INTRINSIC EVIDENCE:
`
`'651 Patent: Figs. 8, 9, 10, 11 and
`accompanying description.
`
`"Programmer 30 may also communicate
`with device 20 to determine which
`format the incoming information
`should be converted to so that the
`information is compatible with the 65
`downloading requirements of device
`20." 3:63-66.
`
`See also '651 Patent: 2:13-33; 3:66-
`4:10; 4:45-63; 6:30-51; 7:13-26; 10:59-
`12:12
`
`EXTRINSIC EVIDENCE:
`
`"allow ... vb . ... 3 a : PERMIT ... "
`WEBSTER'S NEW COLLEGIATE
`DICTIONARY (1973).
`
`"allow v. 1. Admit as legal or
`acceptable. permit to do something ...
`
`2
`
`Verizon Wireless
`Exhibit 1038-0002
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 3 of 62 PageiD #:
`1430
`
`Defendants' Proposed Construction and
`Support
`
`Court's Construction
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`." THE CONCISE OXFORD DICTIONARY
`(Judy Pearsall ed., Oxford University
`Press, lOth ed. 1999).
`
`"allow ... v. 1. tr. permit ... " OXFORD
`ENGLISH REFERENCE DICTIONARY (Judy
`Pearsall & Bill Trumble eds., Oxford
`University Press, 2nd Revised ed.
`2002).
`
`3.
`
`"convert the video file to a Plain meaning. If construction is
`native playback format
`necessary, then:
`usable by a playback
`device"
`
`'759 Patent, claim 53
`
`"convert the [video file] to a [native
`playback format] usable by a playback
`device"
`
`INTRINSIC EVIDENCE:
`
`'651 Patent: Figs. 8, 9, 10, 11 and
`accompanying description.
`
`'651 Patent: 2:19-30; 3:58-4:10; 4:34-
`53; 5:59-66; 6:30-64; 9: 1-5; 10:64-11;
`11:1-10; 11:52-65; 12:1-12
`
`'759 Patent: Claims 25-32, 46-52, 61-
`67
`
`'759 Patent: 5/22/2008 Response to
`Office Action, pp. 13-16.
`
`"convert the video file from a native playback
`format that is not usable by the playback
`device to a native playback format that is
`usable by the playback device"
`
`INTRINSIC EVIDENCE:
`"The programming apparatus may download
`this information and compare its format with
`that required by the programmable device to
`determine format compatibility. If the two
`formats are compatible, the programming
`apparatus may download the selected
`information into the programmable device. If
`the formats are not compatible, the
`programming apparatus may convert the
`downloaded file to a format compatible with
`that required by the programmable electronic
`device."
`
`'759: 2:6-14
`
`3
`
`Verizon Wireless
`Exhibit 1038-0003
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 4 of 62 PageiD #:
`1431
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Defendants' Proposed Construction and
`Support
`
`Court's Construction
`
`'759 Patent: 8/21/2009 Response to
`Office Action, pp. 15-19.
`
`"Programmer 30 may then process this
`information into a suitable format (or may
`simply route the information if no format
`conversion is required), and program it into a
`programmable memory within device 20 (not
`shown)."
`
`'759: 3:33-37
`
`"Programmer 30 may also communicate with
`device 20 to determine which format the
`incoming information should be converted to
`so that the information is compatible with the
`downloading requirements of device 20."
`
`'759: 3:47-50
`
`"In this case, the incoming signals that require
`processing may be routed to SPC 40 for such
`processing. For example, incoming MP3 or
`WMA signals may be routed to SPC 40 and
`converted to ATRAC format (or vice-versa).
`Once this conversion is complete, the resulting
`information may be stored in memory 36, or
`routed to output buffer 42 for programming in
`device 20. Input signals that do not require a
`format change may be routed directly from
`
`4
`
`Verizon Wireless
`Exhibit 1038-0004
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 5 of 62 PageiD #:
`1432
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Defendants' Proposed Construction and
`Support
`input buffer 44 to memory 36, or output buffer
`42."
`
`Court's Construction
`
`'759: 4:33-42
`
`"Computer 60 may also include signal
`processing circuitry such as SPC 40, or
`software that instructs processor 34 to perform
`the necessary format conversions."
`
`'759: 5:44-47
`
`"In operation, computer 90 may communicate
`with device 20 to determine its format
`requirements and perform any conversions
`necessary to make user-selected information
`compatible with those requirements."
`
`'759: 6:15-18
`
`"Next, at step 104, programmer 30 may
`determine the format requirements of device
`20 and compare the format of the selected files
`to that specified by device 20. This may be
`accomplished, for example, by electronically
`polling device 20. At step 105, if the formats
`
`5
`
`Verizon Wireless
`Exhibit 1038-0005
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 6 of 62 PageiD #:
`1433
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Su ort
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Su ort
`are compatible, programmer 30 may go
`directly to step 108. If the formats are not
`compatible, at step 106, programmer 30 may
`convert the selected files to a format
`compatible with device 20."
`
`'759: 10:50-57
`
`'759: Fig. 8, elements 104, 105, 106, 108
`
`6
`
`Verizon Wireless
`Exhibit 1038-0006
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 7 of 62 PageiD #:
`1434
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Su ort
`
`Defendants' Proposed Construction and
`Su ort
`
`Court's Construction
`
`164
`
`'759: Fig. 10, elements 160, 162, 164
`
`Send file with call
`
`174
`
`'759: Fig. 11, elements 170, 172, 174
`
`See Prox. History of the '759 patent, Response
`to Office Action filed 12/28/2007, see pg. 9
`("The reason the sytem of Galensky is able to
`store and play back content is because a single
`file format (MP3) is used throughout the entire
`system which ensures compatibility, not
`because of any recognition of file format. See
`Galensky, column 5, lines 38-59. Applicant
`
`7
`
`Verizon Wireless
`Exhibit 1 038-0007
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 8 of 62 PageiD #:
`1435
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Support
`points out that the system of Galensky will
`allow a user to download a file to player I 0
`that has an incompatible file format (e.g., such
`as a W A V file) on which playback can be
`attempted However, absent the proper
`CODEC or other playback software, such a
`file will not play properly on portable device
`10. This is a common problem experienced
`by end users, which applicant's claimed
`invention addresses.) (emphasis added)
`
`See Prox. History of the '759 patent, Response
`to Office Action filed 12/28/2007, see pg. 10
`("Accordingly, Galensky fails to show or
`suggest converting the format of a requested
`content file to a format that is compatible with
`the media player as specified in applicant's
`claims. Thus, applicant respectfully submits
`that independent claim 1, and the claims
`depend therefrom, are allowable over
`Galensky. New claims 11-20 are also
`allowable over Galensky for at least the same
`reasons.")
`
`See Pros. History of the '759 patent, Response
`to Office Action filed 5/22/2008, see pgs. 13-
`14 ("One aspect of applicant's claimed
`invention is concerned with a method for
`providing audio and/or video files to a
`wireless media device. The claimed method,
`
`8
`
`Verizon Wireless
`Exhibit 1038-0008
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 9 of 62 PageiD #:
`1436
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Support
`as amended, specifies converting the format of
`a requested content file to a native playback
`format that is compatible with the wireless
`media device. Thus, for example, if the user's
`media device is configured to play MP3 files,
`and the user selects a content file from a
`content provider that is in VA V format, the
`present invention convers theW A V format
`file to another suitable native playback format
`(e.g., such as MP3 format) so the user may
`consume that content file on his or her media
`device. Such a conversion between native
`playback formats, as specified in the amended
`claims, may be performed by a remote
`computer of the content provider, on the user's
`device, or as otherwise described in
`applicant's specification. One benefit of the
`claimed invention is that it allows the user the
`freedom and flexibility to select from a very
`broad range of content, rather than being
`limited to selecting only content in a specific
`format supported by a certain media device.
`Similarly, the claimed invention allows
`content providers to reach a broader range of
`potential consumers, rather than being
`constrained to those consumers having
`compatibility with limited content formats of
`their media devices. Another benefit of the
`claimed invention is that conversion routines
`can be updated to intemperate with an ever-
`changing end user market (e.g., changing
`
`9
`
`Verizon Wireless
`Exhibit 1038-0009
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 10 of 62 PageiD #:
`1437
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Support
`mobile playback platforms) which have
`evolving software, firmware, CODECS or
`other changing playback configurations.")
`
`See Pros. History of the '759 patent, Response
`to Office Action filed 5/22/2008, see pgs. 15-
`16 ("The reason the system of Galensky is
`able to store and play back content is because
`a single file format (MP3) is used throughout
`the entire system which ensures compatibility,
`not because of any recognition of file format.
`See Galensky 5, lines 38-59. Applicant points
`out that the system of Galensky will allow a
`user to download a file to player I 0 that has
`can incompatible file format (e.g., such as a
`WA V file) on which playback can be
`attempted However, absent the proper
`CODEC or other playback software, such a
`file will not play properly or at all on portable
`device 10. This a common frustrating
`problem experienced by end users, which
`applicant's claimed invention addresses.
`Accordingly, Galensky fails to show or
`suggest converting the format of a requested
`content file to a native playback format that is
`compabitible with the media player as
`specified in applicant's claims.") (emphasis
`added)
`
`See Prox. History of the '759 patent, Response
`
`10
`
`Verizon Wireless
`Exhibit 1038-0010
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 11 of 62 PageiD #:
`1438
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Support
`to Office Action filed 8/21/2008, see pg. 15
`("One aspect of applicant's claimed invention
`is concerned with a method for providing
`audio and/or video files to a wireless media
`device. The claimed invention, specifies
`converting the electronic format of a requested
`content file to a native playback format of the
`playback device. Thus, for example, if the
`user's media device is configured to play MP3
`files, and the user selects a content file that is
`in a different native format, such as W A V
`format, the present invention converts the
`W A V file to the native playback format of the
`playback devices (e.g., in this case MP3) so
`the user may consume that content file on his
`or her device. Such conversion between
`native playback formats may be performed by
`a remote computer of the content provider, on
`the user's device, or as otherwise described in
`applicant's specification.")
`
`See Pros. History of the '759 patent, Response
`to Office Action filed 8/21/2008, see pg. 18
`("One reason the system of Fritsch is able to
`electronicall transmit and playback content is
`because the same file format (e.g., the encoded
`MP3 NETrax format) is used throughout the
`entire system which ensures compatibility, not
`because of any recognition of a native file
`format or subsequent conversion to ensure
`
`11
`
`Verizon Wireless
`Exhibit 1038-0011
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 12 of 62 PageiD #:
`1439
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Support
`compatibility." See Fritsch, column 6, lines
`45-56. Nowhere in Fritsch is any mention
`made of file formats for portable playback
`devices let alone identifying or determining
`such formats.")
`
`See Pros. History of the '759 patent, Response
`to Office Action filed 8/21/2008, see pgs. 18-
`19 ("Applicant points out that even if the
`system of Fritsch allowed a user to download
`a content file with an incompatible file format
`to a portable playback device (e.g., such as a
`WAV file), absent the proper CODEC, such a
`file will not play properly (or at all) on that
`portable playback device. This is a common
`frustrating problem experience by end users,
`which applicant's claimed invention
`addresses. Accordingly, Fritsch fails to show
`or suggest determining the at least one native
`playback format that is compatible with the
`media player as specified in applicant's
`claims.") (emphasis added)
`
`See Pros. History of the '759 patent, Response
`to Office Action filed 8/21/2008, see pgs. 18
`("Applicant respectfully submits that these
`claims are now allowable over the proposed
`combination of Fritsch and known prior art for
`at least the same reasons they are allowable of
`Fritsch as demonstrated above. Fritsch fails to
`
`12
`
`Verizon Wireless
`Exhibit 1038-0012
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 13 of 62 PageiD #:
`1440
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Support
`teach or suggest converting an electronic
`media file to native playback format usable by
`a portable media playback device as specified
`in the pending claims.")
`
`EXTRINSIC EVIDENCE:
`
`4.
`
`"the native playback
`format"
`
`"The [native playback format] of the
`received video file."
`
`"the native playback format of the video file
`as received by the electronic device"
`
`'759 Patent, claim 56
`
`INTRINSIC EVIDENCE:
`
`'651 Patent: Figs. 8, 10, 11 and
`accompanying description.
`
`INTRINSIC EVIDENCE:
`See intrinsic evidence identified for "native
`playback format" and "format" terms.
`
`Programmer 30 may also communicate EXTRINSIC EVIDENCE:
`See extrinsic evidence identified for "native
`with device 20 to determine which
`playback format" and "format" terms.
`format the incoming information
`should be converted to so that the
`information is compatible with the
`downloading requirements of device 20.
`For audio files, this may include, but is
`not limited to, converting to or from
`any of the following format types:
`analog; MIDI; MPEG; PCM; Windows
`Media Audio Code (WMA); W A V; or
`Adaptive Transform Acoustic Coding
`(ATRAC), or to or from any other
`suitable audio format, etc. For video
`
`13
`
`Verizon Wireless
`Exhibit 1038-0013
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 14 of 62 PageiD #:
`1441
`
`Defendants' Proposed Construction and
`Support
`
`Court's Construction
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`files, this may include, but is not limited
`to, converting to or from any of the
`following format types: analog; JPEG;
`MPEG; GIF; A VI, or to or from any
`other suitable video format, etc. Text
`files may include, for example, HTML
`files, Wireless Markup Language
`(WML) files, WordPerfectTM files,
`Microsoft OfficeTM files, or any other
`suitable text files. '651, 3:63-4:10.
`
`See also '651 Patent: 2:20-30; 3:46-
`4:10; 4:27-63; 6:30-51; 6:59-7:12;
`10:28-42; 10:64-11: 10; 11 :52-65; 12:1-
`6
`
`EXTRINSIC EVIDENCE:
`
`"native file format ... n. The format
`an application uses internally to process
`data. The application must convert files
`in other formats to the native format
`before it can work with them. For
`example, a word processor might
`recognize text files in ASCII text
`format, but it will convert them to its
`own native format before it displays
`them." MICROSOFT PRESS COMPUTER
`DICTIONARY (Microsoft Press, 3d ed.
`1997).
`
`14
`
`Verizon Wireless
`Exhibit 1038-0014
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 15 of 62 PageiD #:
`1442
`
`Defendants' Proposed Construction and
`Support
`
`Court's Construction
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`"native Designed for a particular type
`of computer." WEBSTER'S NEW WORLD
`COMPUTER DICTIONARY (9th ed. 2001);
`see also id at "native file format."
`
`"native file format n. The format an
`application uses internally to process
`data. The application must convert files
`in other formats to the native format
`before it can work with them. For
`example, a word processor might
`recognize text files in ASCII text
`format, but it will convert them to its
`own native format before it displays
`them." MICROSOFT PRESS COMPUTER
`DICTIONARY (Microsoft Press, 5th ed.
`2002).
`
`5.
`
`"native playback format"
`
`format: "The arrangement of data
`within a file"
`
`format: "an encoding standard that specifies
`the arrangement of data within a file"
`
`'759 Patent, claims 53, 54,
`56,61,65
`
`native playback format: "A [format]
`supported by a device for playback of
`audio or video"
`
`INTRINSIC EVIDENCE:
`
`'651 Patent: Figs. 8, 10, 11 and
`accompanying description.
`
`Programmer 30 may also communicate
`
`native playback format: "a [format] requiring
`the proper CODEC or other playback software
`to play properly"
`
`INTRINSIC EVIDENCE:
`'759 patent at the following: claims 4, 40, 50,
`56; 3:41-61; 4:15-22
`
`15
`
`Verizon Wireless
`Exhibit 1038-0015
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 16 of 62 PageiD #:
`1443
`
`Disputed Term(s)
`
`Court's Construction
`
`Defendants' Proposed Construction and
`Solocron Media LLC's Proposed
`Support
`Construction and Support
`Prosecution history of '759 patent, including
`with device 20 to determine which
`specifically the following entries:
`format the incoming information
`Index of Claims, 3/23/2010
`should be converted to so that the
`Reply to Office Action, 8/21/2009, at 15-19
`information is compatible with the
`downloading requirements of device 20. Reply to Office Action, 5/22/2008, at 2, 13-
`For audio files, this may include, but is
`16.
`Reply to Office Action, 12/28/2007, at 8, 9.
`not limited to, converting to or from
`any of the following format types:
`analog; MIDI; MPEG; PCM; Windows
`Media Audio Code (WMA); W A V; or
`Adaptive Transform Acoustic Coding
`(ATRAC), or to or from any other
`suitable audio format, etc. For video
`files, this may include, but is not limited
`to, converting to or from any of the
`following format types: analog; JPEG;
`MPEG; GIF; A VI, or to or from any
`other suitable video format, etc. Text
`files may include, for example, HTML
`files, Wireless Markup Language
`(WML) files, WordPerfectTM files,
`Microsoft OfficeTM files, or any other
`suitable text files. '651, 3:63-4:10.
`
`EXTRINSIC EVIDENCE:
`
`"file format The format that a program uses
`to encode data on a disk. Some formats
`are proprietary, and a file so encoded can
`only be read by the program that has
`created the file. Some simple formats,
`such as ASCII, can be read by many kinds
`of programs." DICTIONARY OF COMPUTER
`AND INTERNET WORLDS (AN A TO Z GUIDE
`TO HARDWARE, SOFTWARE, AND
`CYBERSPACE) 108 (Houghton Mifflin:
`2001).
`"file format The coding of a file which
`defines what content it has, how it is
`organized, how it is to be encoded,
`displayed, and so on. There are many such
`formats, including those associated with
`word-processing applications, graphics,
`and databases." STEVEN M. KAPLAN,
`WILEY ELECTRICAL AND ELECTRONICS
`ENGINEERING DICTIONARY 283 (2004).
`
`See also '651 Patent: 2:20-30; 3:46-
`4:10; 4:27-63; 6:30-51; 6:59-7:12;
`10:28-42; 10:64-11: 10; 11 :52-65; 12:1-
`6
`
`EXTRINSIC EVIDENCE:
`
`"format (1) In programming languages,
`
`16
`
`Verizon Wireless
`Exhibit 1038-0016
`
`

`
`Court's Construction
`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 17 of 62 PageiD #:
`1444
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`a language construct that specifies the
`representation, in character form, of
`data objects in a file. (2) In text
`processing, the predetermined
`arrangement or layout of text in printed
`or displayed form or on a data medium.
`(3) A specified arrangement of such
`things as character, fields, and lines,
`usually used for displays, printouts, or
`files .... " IBM DICTIONARY OF
`COMPUTING (George McDaniel ed.,
`McGraw-Hill, Inc. 1994).
`
`"format As a noun, the structure of a
`unit of data, such as a file, fields in a
`database record, a cell in a spreadsheet,
`or the text in a word-processed
`document. For example, a file can be
`stored in the format typical of a certain
`application, or it can be stored in a more
`'generic' format, such as plain ASCII
`text, which contains all the words but
`little in the way of page-layout
`specifications .... " MICROSOFT PRESS®
`COMPUTER DICTIONARY (Microsoft
`Press, 2nd ed. 1994).
`
`"format ... n. 1. In general, the
`structure or appearance of a unit of data.
`... " MICROSOFT PRESS COMPUTER
`DICTIONARY (Microsoft Press, 3d ed.
`
`Defendants' Proposed Construction and
`Support
`"file format [COMPUT SCI] The rules that
`determine the organization of data in a
`file." McGRAw-HrLLDICTIONARYOF
`COMPUTING & COMMUNICATIONS 140
`(2003).
`"file format n. The structure of a file that
`defines the way it is stored and laid out on
`the screen or in print. The format can be
`fairly simple and common, as are files
`stored as 'plain' ASCII text, or it can be
`quite complex and include various types of
`control instructions and codes used by
`programs, printers, and other devices.
`Examples include RTF (Rich Text
`Format), DCA (Document Content
`Architecture), PICT, DIF (Data
`Interchange Format), DXF (Data
`Exchange File), TIFF (Tagged Image File
`Format), and EPSF (Encapsulated
`PostScript Format)." MICROSOFT PRESS
`COMPUTER DICTIONARY 211 (5th ed.
`2002); MICROSOFT PRESS COMPUTER
`DICTIONARY 183 (4th ed. 1999).
`"File Format The way in which data is
`stored. The file's format is indicated by
`the three or four letter extension after its
`name. For example, Word documents end
`in .doc and Excel documents in .xls. An
`industry standard interchange file formats
`(IF/IFF) example is .giffor graphics. See
`File Extensions." NETWON'S TELECOM
`
`17
`
`Verizon Wireless
`Exhibit 1038-0017
`
`

`
`Court's Construction
`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 18 of 62 PageiD #:
`1445
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`1997).
`
`"format n. the way in which something
`is arranged or presented. Computing a
`defined structure for the processing,
`storage, or display of data .... " THE
`CONCISE OXFORD DICTIONARY (Judy
`Pearsall ed., Oxford University Press,
`lOth ed. 1999).
`
`"format 1. The organization of
`information for storage, printing, or
`displaying. The format of floppy disks
`and hard disks is the magnetic pattern
`laid down by the formatting utility .... "
`WEBSTER'S NEW WORLD COMPUTER
`DICTIONARY (9th ed. 2001); see also id
`at "file format."
`
`"format ... 3 Computing a defined
`structure for holding data etc. in a
`record for processing or storage .... "
`OXFORD ENGLISH REFERENCE
`DICTIONARY (Judy Pearsall & Bill
`Trumble eds., Oxford University Press,
`2nd Revised ed. 2002).
`
`"format ... The arrangement of data
`within a document file that typically
`permits the document to be read or
`written by a certain application."
`
`Defendants' Proposed Construction and
`Support
`DICTIONARY 280 (17th ed. 2001)
`"native file format. n. The format an
`application uses internally to process data.
`The application must convert files in other
`formats to the native format before it can
`work with them. For example, a word
`processor might recognize text files in
`ASCII text format, but it will convert them
`to its own native format before it displays
`them." MICROSOFT PRESS COMPUTER
`DICTIONARY (3d ed. 1997); MICROSOFT
`PRESS COMPUTER DICTIONARY 305 (4th
`ed. 1999); MICROSOFT PRESS COMPUTER
`DICTIONARY 358 (5th ed. 2002)
`"native Designed for a particular type of
`computer." WEBSTER'S NEW WORLD
`COMPUTER DICTIONARY 251 (9th ed.
`2001).
`"native file format The default file format a
`program uses to store data on disk. The
`format is often a proprietary file format.
`Many popular programs today can retrieve
`and save data in several formats. See
`ASCII." WEBSTER's NEW WORLD
`COMPUTER DICTIONARY 252 (9th ed.
`2001).
`"native file format Same as native format.
`STEVEN M. KAPLAN, WILEY ELECTRICAL
`AND ELECTRONICS ENGINEERING
`DICTIONARY 496 (2004).
`"native format The default format an
`
`18
`
`Verizon Wireless
`Exhibit 1038-0018
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 19 of 62 PageiD #:
`1446
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`MICROSOFT PRESS COMPUTER
`DICTIONARY (Microsoft Press, 5th ed.
`2002).
`
`Defendants' Proposed Construction and
`Support
`application saves files in. Programs usually
`have filters to export and import data to and
`from applications using different native
`formats. The latter are called foreign
`"native file format ... n. The format
`formats. Also called native file format."
`an application uses internally to process STEVEN M. KAPLAN, WILEY ELECTRICAL AND
`data. The application must convert files ELECTRONICS ENGINEERING DICTIONARY 496
`in other formats to the native format
`(2004).
`before it can work with them. For
`example, a word processor might
`recognize text files in ASCII text
`format, but it will convert them to its
`own native format before it displays
`them." MICROSOFT PRESS COMPUTER
`DICTIONARY (Microsoft Press, 3d ed.
`1997).
`
`Court's Construction
`
`"native Designed for a particular type
`of computer." WEBSTER'S NEW WORLD
`COMPUTER DICTIONARY (9th ed. 2001);
`see also id at "native file format."
`
`"native file format n. The format an
`application uses internally to process
`data. The application must convert files
`in other formats to the native format
`before it can work with them. For
`example, a word processor might
`recognize text files in ASCII text
`format, but it will convert them to its
`own native format before it displays
`
`19
`
`Verizon Wireless
`Exhibit 1038-0019
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 20 of 62 PageiD #:
`1447
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`them." MICROSOFT PRESS COMPUTER
`DICTIONARY (Microsoft Press, 5th ed.
`2002).
`
`Defendants' Proposed Construction and
`Support
`
`Court's Construction
`
`6.
`
`"video clips"
`
`'651 Patent, claims 2, 13
`
`Plain meaning. If construction is
`necessary, then: "a collection of moving
`visual images, such as MPEG, GIF or
`AVI files"
`
`"Portion of a video file"
`
`INTRINSIC EVIDENCE:
`'651 patent at: 9:35-52
`
`INTRINSIC EVIDENCE:
`
`In systems that have a video capability,
`a video file containing a video clip or
`frame may be sent instead of or in
`addition to the audio sample. This may
`be accomplished by selecting a video
`option from a signature menu and
`choosing a video file. In this case, the
`person receiving the call is alerted by
`seeing or hearing the video clip and/or
`associated audio. It will be appreciated
`that a video clip may have its own
`audio portion associated with it so that
`the video clip (or frame) by itself would
`be sufficient to alert the person
`receiving the incoming call. 651
`Patent: 8:49-58
`
`See also '651 Patent: 1 :45-54; 1 :62-66;
`3:47-57; 9:35-62;
`
`Prosecution history ofUSP 7,555,317
`including SQecifically the following entries:
`
`WO 98/11487 at 9-12·
`
`EXTRINSIC EVIDENCE:
`DICTIONARY OF COMPUTER SCIENCE,
`ENGINEERING, AND TECHNOLOGY
`(Phillip A Laplante ed., CRC Press LLC
`2001), "video (1) representation of moving
`images for storage or processing. Often used
`interchangeably with television. In particular,
`'video signal' and 'television signal' are
`synonyms. (2) a particular stored sequence of
`moving images, e.g., on a tape or within a
`database."
`
`20
`
`Verizon Wireless
`Exhibit 1 038-0020
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 21 of 62 PageiD #:
`1448
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`EXTRINSIC EVIDENCE:
`
`"video (1) representation of moving
`images for storage or processing. Often
`used interchangeably with television.
`In particular, 'video signal' and
`'television signal' are synonyms. (2) a
`particular stored sequence of moving
`images, e.g., on a tape or within a
`database." DICTIONARY OF COMPUTER
`SCIENCE, ENGINEERING, AND
`TECHNOLOGY (Phillip A. Laplante ed.,
`CRC Press LLC 2001).
`
`7.
`
`"indicia indicative of the
`converted fi I e"
`
`'651 Patent, claim 39
`
`Plain meaning. If construction is
`necessary, then: "information indicating
`the availability or location of the
`converted file"
`
`INTRINSIC EVIDENCE:
`
`Fig. 12 and accompanying text
`
`On the other hand, if computer 90
`determines at step 156 that the signature
`file is located in the receiver's device
`20, computer 90 may transmit an
`indicia indicative of the selected file to
`the receivers device 20 along with the
`outgoing call at step 178 (FIG. 12).
`Next, the receiver's device 20 may
`
`Defendants' Proposed Construction and
`Support
`
`Court's Construction
`
`"Indicator that converted file is already
`located on second wireless device"
`
`INTRINSIC EVIDENCE:
`'651 patent at: 12: 13-25; Figure 12
`
`EXTRINSIC EVIDENCE:
`
`21
`
`Verizon Wireless
`Exhibit 1038-0021
`
`

`
`Case 2:13-cv-01059-JRG-RSP Document 115-1 Filed 10/30/14 Page 22 of 62 PageiD #:
`1449
`
`Defendants' Proposed Construction and
`Support
`
`Court's Construction
`
`Disputed Term(s)
`
`Solocron Media LLC's Proposed
`Construction and Support
`associate a signature file that
`corresponds to the indicia, replace its
`ring sequence with that signature file,
`and play that signature file at step 180.
`At step 182, the receiver's ring sequence
`may be returned to its original setting
`and the program may exit. It is assumed
`for the purposes of this illustration that
`signatures files stored in the receiver's
`d