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`IN THE UNITED STATES DISTRICT COURT
`OF THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`No. 2:05CV163
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`No. 2:05CV356
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`EPICREALM, LICENSING, LLC
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`v
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`AUTOFLEX LEASING, INC., et al.
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`EPICREALM, LICENSING, LLC
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`v
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`FRANKLIN COVEY CO., et al.
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`ORDER ADOPTING REPORT AND RECOMMENDATION
`REGARDING CLAIM CONSTRUCTION
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`The above-entitled and numbered civil action was heretofore referred to United
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`States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report
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`and Recommendation Regarding Claim Construction of the Magistrate Judge which
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`contains her proposed findings of fact and recommendations for the disposition of such
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`action has been presented for consideration. Plaintiff and Defendants both filed
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`objections to the Report and Recommendation of the Magistrate Judge. The Court
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`conducted a de novo review.
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`The Court, having reviewed the relevant briefing, finds the parties’ objections are
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`without merit. In their briefing, the parties address, among other things, the word
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`“mechanism” as used in the Magistrate Judge’s discussion of the construction of “Web
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`page.” See Report and Recommendation at pgs. 8-9 (“As described within the
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`1
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`Petitioner Microsoft Corporation - Ex. 1064, p. 1
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`Case 5:07-cv-00125-DF-CMC Document 260 Filed 10/30/06 Page 2 of 2 PageID #: 5198
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`specification, a Web page is a mechanism through which static and dynamic content may
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`be displayed.”)(emphasis added). A Web page may include static or dynamic content.
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`However, the Magistrate Judge’s construction of “Web page” as “Web content
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`displayable through a Web browser” does not include the word “mechanism.” The Court
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`adopts the construction of “web page” as proposed by the Magistrate Judge, and with the
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`exception of the use of the word “mechanism,” the Court also adopts the reasoning of the
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`Magistrate Judge with respect to the construction of “Web page.”
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`The Court is of the opinion that the findings and conclusions of the Magistrate
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`Judge are correct. Therefore, the Court hereby adopts the Report of the United States
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`Magistrate Judge as the findings and conclusions of this Court.
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`IT IS SO ORDERED.
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`2
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`Petitioner Microsoft Corporation - Ex. 1064, p. 2