Case 1:13-cv-02072-SLR-SRF Document 204 Filed 04/09/15 Page 1 of 3 PageID #: 7486
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`PARALLEL NETWORKS
`LICENSING, LLC,
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`Plaintiff,
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`v.
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`INTERNATIONAL BUSINESS
`MACHINES CORPORATION,
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`Defendant,
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`PARALLEL NETWORKS
`LICENSING, LLC,
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`Plaintiff,
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`v.
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`MICROSOFT CORPORATION,
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`Defendant,
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`Civ. No. 13-2072-SLR
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`Civ. No. 13-2073-SLR
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`MEMORANDUM ORDER
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`At Wilmington this ~ day of April, 2015, having heard argument on, and
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`having reviewed the papers submitted in connection with, the parties' proposed claim
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`construction;
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`IT IS ORDERED that the disputed claim language of U.S. Patent Nos. 5,894,554
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`("the '554 patent") and 6,415,335 ("the '335 patent") shall be construed consistent with
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`the tenets of claim construction set forth by the United States Court of Appeals for the
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`Federal Circuit in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), as follows:
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`1. "Web page:" "Web content on the World Wide Web, displayable by a Web
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`browser." The specification explains that a Web page is dynamically generated and
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`Case 1:13-cv-02072-SLR-SRF Document 204 Filed 04/09/15 Page 2 of 3 PageID #: 7487
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`includes "data dynamically retrieved from one or more data sources." (2:30-32; 6:27-
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`32) The data can be retrieved "from more than one data source and [the page server]
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`incorporate[s] the data from these multiple data sources in a single Web page." (5:45-
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`47) Thus, the specification illustrates that the Web page may be static or dynamic, and
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`may contain "any combination of graphics, audio, video and text .... " (1: 18-20; 2:30-
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`32; 6:27-32; 8:39-51) The Web pages are accessible via "client machines running Web
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`browsers" and "the Web browser receives and displays the HTML document created by
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`the Page server .... " (1 :25-26; 8:49-50)
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`2. "Web server:" "Software, or a machine having software, that receives Web
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`page requests and returns Web pages in response to the requests." Defendant's
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`additional proposed language, "generates or locates Web pages," is duplicative of the
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`claim language, e.g., "said Web server concurrently processes said other requests."
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`('554 patent, claim 12) The specification also illustrates that the Web server is "free to
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`continue servicing client requests." (5:16-18)
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`3. "Releasing said Web server to process other requests:" "Freeing the
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`Web server to process other requests." The parties dispute whether the Web server is
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`"automatically" free to process other requests when a request is routed to the page
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`server, or whether the page server must somehow "release" the Web server. 1 The
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`specification describes an embodiment, where
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`[b]y routing the request to Dispatcher 402 residing on a different machine
`than the Web server executable 201 (E), the request can then be
`processed by a different processor than the Web server executable
`201 (E). Web server executable 201 (E) is thus free to continue servicing
`client requests on Web server 201 while the request is processed "off(cid:173)
`line," at the machine on which Dispatcher 402 resides.
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`1 The prosecution history on reexamination, cited by defendant, does not support
`defendant's position. (D.I. 108 at A787) Moreover, the court respectfully disagrees with
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`2
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`Case 1:13-cv-02072-SLR-SRF Document 204 Filed 04/09/15 Page 3 of 3 PageID #: 7488
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`(5:9-19) The claim language "said selected page server receiving said request and
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`releasing said Web server to process other requests" does not require an overt act by
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`the page server to release the Web server. (See e.g., '554 patent, claim 12)
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`4. "Machine readable medium:" "Non-transitory medium readable by a
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`machine." The claim language and specification describe this limitation as a form of
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`storage medium accessible by a computer system for executing a program. For
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`example, mass storage devices such as "a hard disk, a floppy disk, a CD-ROM, a
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`magnetic tape, or other magnetic or optical data storage medium." (3:39-41)
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`5. The court has provided a construction in quotes for the claim limitations at
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`issue. The parties are expected to present the claim construction to the jury
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`consistently with any explanation or clarification herein provided by the court, even if
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`such language is not included within the quotes .
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`. >Ld:~
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`United StatesiStriCtJUd9e
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`the position that the plain language - "said page server receiving said request and
`releasing said Web server to process other requests" - requires the page server to
`perform some affirmative action to "release" the Web server. Absent expert testimony
`that the word "releasing, n in the technical context of the patent, should be given
`something other than its ordinary meaning, the court concludes that the claim language
`means no more than that the page server handles requests, thereby freeing the Web
`server to handle other requests.
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`3
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`I