Case5:14-cv-00570-BLF Document89 Filed02/06/15 Page1 of 5
`
`Mark D. Flanagan (SBN 130303)
`mark.flanagan@wilmerhale.com
`Mark D. Selwyn (SBN 244180)
`mark.selwyn@wilmerhale.com
`Joseph F. Haag (SBN 248749)
`joseph.haag@wilmerhale.com
`Nathan L. Walker (SBN 206128)
`nathan.walker@wilmerhale.com
`Evelyn C. Mak (SBN 258086)
`evelyn.mak@wilmerhale.com
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 858-6000
`Facsimile: (650) 858-6100
`
`Attorneys for Plaintiff
`HEWLETT-PACKARD COMPANY
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`HEWLETT-PACKARD COMPANY, a
`Civil Action No. 14-cv-00570 (BLF)
`Delaware Corporation,
`
`v.
`
`Plaintiff,
`
`SERVICENOW, INC., a Delaware
`Corporation,
`
`Defendant.
`
`PLAINTIFF HEWLETT-PACKARD
`COMPANY’S PROPOSED CLAIM
`CONSTRUCTIONS IN SUPPORT OF
`HP’S OPPOSITION TO SERVICENOW’S
`MOTION FOR SUMMARY JUDGMENT
`OF INVALIDITY UNDER 35 U.S.C. § 101
`[ECF NO. 70]
`
`Case No. 14-CV-00570 (BLF)
`
`HP’S PROPOSED CLAIM CONSTRUCTIONS ISO
`OPP. TO MOT. FOR SUMMARY JUDGMENT
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`Case5:14-cv-00570-BLF Document89 Filed02/06/15 Page2 of 5
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`Pursuant to the Court’s January 30, 2015 Order (ECF No. 84), Plaintiff Hewlett-Packard
`Company respectfully submits the following proposed claim constructions that, if adopted by the
`
`Court, would preclude a summary judgment of invalidity under 35 U.S.C. § 101.
`
`A.
`’512 Patent
`Claim(s)
`
`U.S. Patent No. 7,610,512
`
`Terms
`
`Proposed Construction
`
`1, 3, 4, 5, 7
`
`repair workflow
`
`1, 3, 4, 5, 7
`
`operation
`
`1, 3, 4, 5, 7
`
`step
`
`1, 3, 4, 5, 7
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`transition
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`Case No. 14-CV-00570 (BLF)
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`A repair workflow is a set of instructions used by the
`system to resolve incidents. The repair workflow is
`constructed from steps, operations and transitions.
`
`[The underlined terms are separately defined in the
`specification. The proposed constructions for “step,”
`“operation,” and “transition” are separately set forth
`herein.]
`
`An operation is a unit of work to be performed in
`context of a repair workflow. Operations contain
`inputs, results, and responses. Inputs define the
`necessary information required to perform a task.
`Results are the information produced by executing
`the task. Responses define a finite set of possible
`outcomes from the execution of the operation. Steps
`and transitions use responses to link operations
`together in a repair workflow.
`
`[The underlined terms are separately defined in the
`specification. The proposed constructions for “repair
`workflow,” “step,” and “transition” are separately set
`forth herein.]
`
`A step is an invocation of an operation in the context
`of a repair workflow. The step has a reference to the
`operation that it invokes. The step defines how the
`inputs of the operation are supplied data values at the
`time of repair matching of each input with a binding.
`
`[The underlined terms are separately defined in the
`specification. The proposed constructions for
`“operation, “repair workflow,” and “binding” are
`separately set forth herein.]
`
`A transition links various steps together. The
`transition has a source step and a destination step and
`a link to an operation response called the ‘transition
`trigger’. A step has only one transition for each
`response that is defined by its operation. After a step
`executes its operation at repair time, the response is
`used to select the transition to go to the next step.
`
`[The underlined terms are separately defined in the
`- 1 - HP’S PROPOSED CLAIM CONSTRUCTIONS ISO
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`Case5:14-cv-00570-BLF Document89 Filed02/06/15 Page3 of 5
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`1, 3, 4, 5, 7
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`binding
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`specification. The proposed constructions for “step,”
`operation,” and “response” are separately set forth
`herein.]
`
`A binding defines a mapping of data values to the
`inputs of an operation in the context of a step within a
`repair workflow. Various types of bindings exist,
`with each having a unique method of supplying
`values to operation inputs.
`
`[The underlined terms are separately defined in the
`specification. The proposed constructions for
`“operation,” “step,” and “repair workflow” are
`separately set forth herein.]
`
`3
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`repair run
`
`An execution of a repair workflow.
`
`1, 3, 4, 5, 7
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`repair context
`
`1, 3, 4, 5, 7
`
`repair frame
`
`[The underlined term is separately defined in the
`specification. The proposed construction for “repair
`workflow” is separately set forth herein.]
`
`A set of key-value pairs containing data values
`discovered during a repair run can be pushed into a
`repair context. The subsequent steps of the repair run
`use the data values stored in the repair context.
`
`[The underlined terms are separately defined in the
`specification. The proposed constructions for “repair
`run” and “step” are separately set forth herein.]
`
`A frame of execution in a repair is referred to as a
`repair frame. Each repair workflow is assigned a
`repair frame during execution. A frame stack is
`created during repair execution. Repairs which
`contain subflows will have a frame for each subflow.
`During execution, the flow of control will ‘step into’
`and ‘step out’ of frames as repair steps are executed.
`[The underlined terms are separately defined in the
`specification. The proposed constructions for “repair
`workflow” and “step” are separately set forth herein.]
`
`B.
`’802 Patent
`Claim(s)
`
`U.S. Patent No. 7,890,802
`
`Terms
`
`Proposed Construction
`
`1, 2, 3, 5, 15
`
`repair workflow
`
`1, 2, 3, 5, 15 operation
`
`[See ’512 patent above]
`
`[See ’512 patent above]
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`Case No. 14-CV-00570 (BLF)
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`Case5:14-cv-00570-BLF Document89 Filed02/06/15 Page4 of 5
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`1, 2, 3, 5, 15 step
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`1, 2, 3, 5, 15
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`response
`
`[See ’512 patent above]
`
`A response defines a finite set of possible outcomes
`from the execution of the operation. Steps and
`transitions use responses to link operations together
`in a repair workflow.
`
`[The underlined terms are separately defined in the
`specification. The proposed constructions for
`“operation,” “step,” “transition,” and “repair
`workflow” are separately set forth herein.]
`
`C.
`’229 Patent
`Claim(s)
`
`8, 9, 10, 13,
`15, 17, 18,
`19, 20
`
`8, 9, 10, 13,
`15, 17, 18,
`19, 20
`
`D.
`’683 Patent
`Claim(s)
`
`U.S. Patent No. 6,321,229
`
`Terms
`
`Proposed Construction
`
`container definition
`node
`
`derived container
`
`Data structure having one or more attributes for
`accessing an information repository and related to
`creating a hierarchy of information
`
`Data structure capable of executing a query based on
`an attribute from one or more corresponding
`container definition nodes
`
`U.S. Patent No. 8,224,683
`
`Terms
`
`Proposed Construction
`
`32, 35
`
`monitoring server
`
`12, 32, 35
`
`database
`
`32, 35
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`help desk client
`
`A server specifically configured to monitor tickets in
`the database, determine when times for actions are
`approaching, and send alerts to the help desk client
`alerting the help desk user that a time to take a
`specified action is approaching
`
`A structured set of data specifically configured to
`store tickets and information regarding ticket types,
`ticket severities based on the contract, and
`corresponding contractually required times for
`actions to be performed for each of the ticket types
`and ticket severities
`
`A client used by a help desk user specifically
`configured to display active tickets to the help desk
`user and provide alerts received from the monitoring
`server to the help desk user
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`Case No. 14-CV-00570 (BLF)
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`Case5:14-cv-00570-BLF Document89 Filed02/06/15 Page5 of 5
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`Dated: February 6, 2015
`
`Respectfully submitted,
`
`HEWLETT-PACKARD COMPANY
`
`By their attorneys,
`
`/s/ Mark D. Flanagan
`Mark D. Flanagan (SBN 130303)
`mark.flanagan@wilmerhale.com
`Mark D. Selwyn (SBN 244180)
`mark.selwyn@wilmerhale.com
`Joseph F. Haag (SBN 248749)
`joseph.haag@wilmerhale.com
`Nathan L. Walker (SBN 206128)
`nathan.walker@wilmerhale.com
`Evelyn C. Mak (SBN 258086)
`evelyn.mak@wilmerhale.com
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 858-6000
`Facsimile: (650) 858-6100
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`Case No. 14-CV-00570 (BLF)
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`OPP. TO MOT. FOR SUMMARY JUDGMENT