Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 1 of 203 PageID 11950
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`WICHITA FALLS DIVISION
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`CIVIL ACTION NO. 7:14-cv-00014-O
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`JURY TRIAL DEMANDED
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`CIVIL ACTION NO. 7:14-cv-00106-O
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`JURY TRIAL DEMANDED
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`§§§§§§§§§§§§§§§§§
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`§§§§§§§§§§§
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`SUMMIT 6 LLC,
`
`Plaintiff,
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`
`
`v.
`
`HTC CORPORATION,
`HTC AMERICA, INC.,
`LG ELECTRONICS, INC.,
`LG ELECTRONICS USA, INC.,
`LG ELECTRONICS MOBILECOMM
`USA, INC.,
`MOTOROLA MOBILITY LLC, and
`TWITTER INC.,
`
`Defendants.
`
`SUMMIT 6 LLC,
`
`Plaintiff,
`
`
`
`v.
`
`APPLE INC.
`
`Defendant.
`
`AMENDED JOINT CLAIM CONSTRUCTION AND PREHEARING
`STATEMENT
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`
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`TO THE HONORABLE COURT:
`
`Since filing the Joint Claim Construction Statement, (Dkt. No. 149), the parties
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`have both reduced the number of asserted claims and dropped certain claim terms for
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`construction. As a result, Plaintiff Summit 6 LLC (“Summit 6”) and Defendants HTC
`
`Apple/Twitter
`Ex. 1027
`IPR2 of U.S. Pat. No. 8,612,515
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`

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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 2 of 203 PageID 11951
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`Corporation, HTC America, Inc., LG Electronics, Inc., LG Electronics USA, Inc., LG
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`Electronics MobileComm USA, Inc., Motorola Mobility LLC, Apple Inc., and Twitter
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`Inc. (collectively “Defendants”) file this Amended Joint Claim Construction and
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`Prehearing Statement to address those changes.
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`I. Terms Proposed for Construction on Which the Parties Agree
`
`The parties agree on the construction of the following claim terms:
`
`Claim Term or Phrase and Relevant
`Claims
`pre-processing parameters
`’482: Claims 1, 12, 13, 16, 17, 18, 22, 25,
`35, 37, 38, 51
`
`(cid:1202)515: Claims 1, 7, 20-23, 39-41, 52
`displaying a preview image of said
`selected digital content
`
`(cid:1202)482: Claim 35
`displaying a thumbnail preview of said
`identified . . . files
`
`(cid:1202)515: Claims 6, 28
`displaying thumbnail previews of . . .
`files
`
`(cid:1202)515: Claims 53
`publishing/publication
`
`(cid:1202)482: Claims 1, 13, 22, 35, 38, 51
`third party website
`
`(cid:1202)557: Claims 28, 35, 36
`
`Agreed Construction
`
`values directing the pre-processing
`
`displaying a preview image of the digital
`content after the digital content has been
`selected
`
`displaying a thumbnail preview of the file(s)
`after the file(s) have been identified
`
`displaying thumbnail previews of the files
`after the files have been identified
`
`making publicly available/the act of making
`publicly available
`
`a website being operated by a party other
`than: (1) the user, or (2) the party which
`provided the operator of the website with
`the code used to include the media object
`identifier on the website
`modifying the digital content data to meet
`certain specifications
`
`2
`
`placement of . . . digital content into a
`specified form
`
`to place . . . digital content in a specified
`form
`
`(cid:1202)482: Claims 1, 13, 22, 35, 37, 38, 51
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 3 of 203 PageID 11952
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`information related to a person that enables
`identification of that person
`
`information related to a person
`
`information that enables identification of
`a user
`
`user identifier
`
`information associated with an individual
`
`information retrieved by said client
`device that enables identification of a
`user
`
`’482: Claims 13, 19, 25, 37
`
`
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`user information
`
`(cid:1202)482: Claim 49
`
`II. Each Party’s Proposed Claim Constructions and Supporting Evidence
`
`A side-by-side comparison of the parties’ respective proposed constructions, an
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`identification of the party/parties proposing the construction, and an identification of the
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`intrinsic and extrinsic evidence that they intend to rely upon, either to support their
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`proposed construction of the claim terms or to oppose another party’s proposed
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`construction, are provided in Exhibit A. The ’557, ’482, and (cid:1932)515 patents share a largely
`
`identical written description; therefore citations made to one of the patents are intended to
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`refer to the corresponding portions from all patents-in-suit. The parties also reserve the
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`right to rely on evidence cited by the opposing party to support or oppose particular
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`constructions as appropriate.
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`In addition to the extrinsic evidence identified in Exhibit A, the parties anticipate
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`that they may rely also on Markman briefing and the Court’s Markman Order from the
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`previous Summit 6 case (3:11-cv-00367), as well as any potential future Federal Circuit
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`ruling(s) of matters on appeal in the previous Summit 6 case. With respect to expert
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`3
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 4 of 203 PageID 11953
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`testimony, the parties were able to agree on its use. Expert declarations were submitted
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`with the parties’ briefing.
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`III. Length of Claim Construction Hearing
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`Should the Court find a hearing beneficial, the parties anticipate that three hours
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`will be sufficient with this time to be divided equally between the two sides.
`
`IV. Witness and/or Expert Testimony
`
`None of the parties intend to call any witnesses at the claim construction hearing.
`
`V. Issues for the Pre-Hearing Conference
`
`The parties do not currently have any issues that need to be taken up with the
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`Court at a pre-hearing conference.
`
`Dated: January 27, 2015.
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`Respectfully submitted,
`
`MCKOOL SMITH P.C.
`
`By: /s/ Douglas A. Cawley
`Douglas A. Cawley
`Lead Attorney
`Texas State Bar No. 04035500
`dcawley@mckoolsmith.com
`Theodore Stevenson III
`Texas State Bar No. 19196650
`tstevenson@mckoolsmith.com
`Phillip M. Aurentz
`Texas State Bar No. 24059404
`paurentz@mckoolsmith.com
`Ashley N. Moore
`Texas State Bar No. 24074748
`amoore@mckoolsmith.com
`Mitchell R. Sibley
`Texas State Bar No. 24073097
`msibley@mckoolsmith.com
`Richard A. Kamprath
`
`4
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 5 of 203 PageID 11954
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`Texas State Bar No. 24078767
`rkamprath@mckoolsmith.com
`Cory McAnelly (Pro Hac Vice)
`Iowa State Bar No. 28601
`cmcanelly@mckoolsmith.com
`Colleen Bloss
`Texas State Bar No. 24082160
`cbloss@Mckoolsmith.com
`McKool Smith, P.C.
`300 Crescent Court, Suite 1500
`Dallas, Texas 75201
`Telephone: (214) 978-4000
`Telecopier: (214) 978-4044
`
`Bradley W. Caldwell
`Texas State Bar No. 24040630
`bcaldwell@caldwellcc.com
`Caldwell Cassady & Curry
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Telecopier: (214) 888-4849
`
`ATTORNEYS FOR PLAINTIFF
`SUMMIT 6 LLC
`
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 6 of 203 PageID 11955
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`/s/ Mark D. Selwyn
`Mark D. Selwyn (pro hac vice)
`Jason Kipnis (pro hac vice)
`Katherine D. Prescott (pro hac vice)
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 858-6000
`Facsimile: (650) 858-6100
`mark.selwyn@wilmerhale.com
`jason.kipnis@wilmerhale.com
`katherine.prescott@wilmerhale.com
`
`Kevin S. Prussia (pro hac vice)
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`Telephone: (617) 526-6000
`Facsimile: (617) 526-5000
`kevin.prussia@wilmerhale.com
`
`Russell Emerson
`HAYNES & BOONE
`2323 Victory Avenue, Suite 700
`Dallas, TX 75219
`Telephone: (214) 651-5328
`Facsimile: (214) 200-0884
`russ.emerson@haynesboone.com
`
`Attorneys for Defendant APPLE INC.
`
`/s/ Robert M. Isackson
`Deborah L. Sterling
`Texas Bar No. 19170950
`QUILLING SELANDER LOWNDS
` WINSLETT & MOSER, P.C.
`2001 Bryan Street, Suite 1800
`Dallas, Texas 75201
`Telephone: 214-871-2111
`Facsimile: 214-871-2111
`dsterling@qslwm.com
`
`Steven J. Routh (admitted pro hac vice)
`ORRICK HERRINGTON & SUTCLIFFE LLP
`Columbia Center
`1152 15th Street, N.W.
`Washington, D.C. 20005-1706
`Tel.: (202) 339-8400
`Fax: (202) 339-8500
`
`Robert M. Isackson (admitted pro hac vice)
`ORRICK HERRINGTON & SUTCLIFFE LLP
`666 Fifth Avenue
`New York, NY 10103-0001
`Tel.: (212) 506-5000
`Fax: (212) 506-5151
`
`Stacey E. Stillman (admitted pro hac vice)
`ORRICK HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`Tel: (650) 614-7400
`Fax: (650) 614-7401
`
`
`Hsiwen Lo (admitted pro hac vice)
`ORRICK HERRINGTON & SUTCLIFFE LLP
`2050 Main Street
`Suite 1100
`Irvine, CA 92614-8255
`Tel: (949) 567-6700
`Fax: (949) 567-6710
`
`
`Attorneys for Defendants LG
`ELECTRONICS, INC., LGE
`ELECTRONICS USA, INC., AND LG
`ELECTRONICS MOBILECOMM USA,
`INC.
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 7 of 203 PageID 11956
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`/s/ Philip Ou
`Yar R. Chaikovsky (admitted)
`Bryan K. James (pro hac vice)
`Philip Ou (pro hac vice)
`MCDERMOTT WILL & EMERY LLP
`275 Middlefield Road, Suite 100
`Menlo Park, California 94025-4004
`Telephone: +1 650 815 7400
`Facsimile: +1 650 815 7401
`Email: mrassam@mwe.com
`Email: bjames@mwe.com
`Email: pou@mwe.com
`
`
`
`E. Leon Carter (Texas Bar No. 03914300)
`Linda R. Stahl (Texas Bar No. 00798525)
`CARTER SCHOLER ARNETT HAMADA &
`MOCKLER, PLLC
`Campbell Centre II
`8150 N. Central Expressway, 5th Floor
`Dallas, Texas 75206
`Telephone: +1 214 550 8160
`Facsimile: +1 214 550 8185
`Email: lcarter@carterscholer.com
`
`Attorneys for Defendants
`HTC CORPORATION and HTC
`AMERICA, INC.
`
`/s/ Bonnie M. Grant
`Steven D. Moore (pro hac vice)
`smoore@kilpatricktownsend.com
`KILPATRICK TOWNSEND LLP
`Eighth Floor
`Two Embarcadero Center
`San Francisco, CA 94111
`(415) 576.0200 (telephone)
`(415) 576.0300 (facsimile)
`
`D. Clay Holloway (pro hac vice)
`dholloway@kilpatricktownsend.com
`Bonnie M. Grant (Tex. Bar No. 24067634)
`bgrant@kilpatricktownsend.com
`Akarsh P. Belagodu (pro hac vice)
`abelagodu@kilpatricktownsend.com
`Shayne E. O’Reilly (pro hac vice)
`soreilly@kilpatricktownsend.com
`KILPATRICK TOWNSEND LLP
`Suite 2800
`1100 Peachtree Street
`Atlanta, Georgia 30309-4530
`(404) 815-6500 (Telephone)
`(404) 815-6555 (Facsimile)
`
`GRUBER HURST JOHANSEN HAIL
`SHANK
`MICHAEL K. HURST (Bar No. 10316310)
`mhurst@ghjhlaw.com
`JOSHUA M. SANDLER (Bar No. 24053680)
`jsandler@ghjhlaw.com
`1445 Ross Avenue
`Suite 2500
`Dallas, Texas 75202
`Telephone: 214 855 6800
`Facsimile: 214 855 6808
`
`Attorneys for Defendant MOTOROLA
`MOBILITY LLC
`
`
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 8 of 203 PageID 11957
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`/s/ Leo L. Lam
`David J. Silbert Pro Hac Vice
`Leo L. Lam Pro Hac Vice
`Julie A. Duncan Pro Hac Vice
`KEKER & VAN NEST LLP
`633 Battery Street
`San Francisco, CA 94111-1809
`Telephone: 415 391 5400
`Facsimile: 415 397 7188
`dsilbert@kvn.com
`llam@kvn.com
`jduncan@kvn.com
`
`Brett C. Govett
`FULBRIGHT & JAWORSKI
`2200 Ross Ave., Suite 2800
`Dallas, TX 75201-2784
`Telephone: 214.855.8118
`Facsimile: 214.855.8200
`brett.govett@nortonrosefulbright.com
`
`Attorneys for Defendant TWITTER, INC.
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 9 of 203 PageID 11958
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`
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that counsel of record for all parties to this
`action have been served with a true and correct copy of the foregoing by email.
`
`
`
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`
`
`/s/ Ashley Moore
`Ashley Moore
`
`
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`9
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`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 10 of 203 PageID 11959
`Case 7:14—cv—00014—O Document 232 Filed 01/27/15 Page 10 of 203 Page|D 11959
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`EXHIBIT A
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`EXHIBIT A
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`10
`10
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`JOINT CLAl1VI CONSTRUCTION AND PREHEARING STATEMENT
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`- 1 -
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`6.
`Summit 6 has not had an opportunity to respond to this argument and the inclusion of this definition in the chart does not constitute an agreement or waiver on the part of Summit
`3 In their responsive brief, Defendants offered this alternative construction to their original proposal. Defendants’ Responsive Claim Construction Brief, Dkt. No. 229, at 5.
`
`2 For ease of reference, all specification citations are to the (cid:1932)557 Patent. But the column and line specification citations can also be found within the (cid:1932)482 and (cid:1932)515 Patents.
`
`video files, or audio files” in the bracketed portion of its construction.
`1 In its opening brief, Summit 6 revised its proposal to be consistent with the language recited in the (cid:1932)515 patent claims; hence Summit add the phrase “one or more image files,
`
`
`transmission to a remote device.3
`audio files], at the client or local [device] (sic) prior to
`[media object/digital content/image files, video files,
`files], as opposed to data merely associated with the
`data/one or more image files, video files, or audio
`modifying the [media object data/digital content
`
`Information capture is performed with information
`perform sizing and formatting, for example.
`upload. In the case of digital images, the tool can
`intelligent preprocessing on media objects prior to
`configurable to perform a variable amount of
`’557 Patent at Abstract: “The submission tool is
`
`
`
`Written Description
`
`
`
`before further processing
`modification before further processing/modifying
`
`Proposed Construction
`
`
`
`
`
`OR
`
`
`
`for transmission to a remote device1
`audio files], at the client or local device in preparation
`[media object/digital content/image files, video files,
`files], as opposed to data merely associated with the
`data/one or more image files, video files, or audio
`modifying the [media object data/digital content
`
`
`
`perform sizing and formatting, for example.”
`upload. In the case of digital images, the tool can
`intelligent preprocessing on media objects prior to
`is configurable to perform a variable amount of
`2:11-15: “Even more importantly, the submission tool
`
`2:58-64: “The benefits of the Prepare and Post tool
`
`
`
`
`
`39-41, 50, 52.2
`41-43, 51; (cid:1932)515 claims: 1, 7, 9, 10-14, 20-24, 29-33,
`55, 69, 70; (cid:1932)482 claims 1, 6, 7, 10-18, 23-26, 35-39,
`2, 7, 8, 13, 15, 16, 26, 28, 29, 31, 32, 37, 38, 45, 54,
`5:42-46; Figs. 3, 4A, 4B; Appendix A; (cid:1932)557 claims 1,
`’557 Patent: 2:11-15; 2:58-64; 4:58-60; 4:65-5:20;
`Intrinsic support:
`
`23, 29, 30, 39–41, 52
`(cid:1202)515: Claims 1, 7, 10, 11, 20–
`
`
`
`16–18, 23, 25, 35, 38, 41–42
`’482: Claims 1, 6, 10, 12–14,
`
`’557: Claims 28-29, 34
`
`
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`
`
`1.pre-processing
`Claims
`
`Defendants’ Construction and Evidence
`
`Summit 6’s Construction and Evidence
`
`Claim Term and Relevant
`
`PROPOSED CLAIM CONSTRUCTIONS AND IDENTIFICATION OF SUPPORTING EVIDENCE
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`- 2 -
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`perform sizing and formatting, for example.”
`upload. In the case of digital images, the tool can
`intelligent preprocessing on media objects prior to
`tool is configurable to perform a variable amount of
`provided for. Even more importantly, the submission
`Submission from a web page to a web page is also
`plurality of images or other media objects.
`is provided to allow a user to drag and drop or select a
`that has been selected. Additionally, batch submission
`by generating a thumbnail image of the rich media file
`submission with a visual representation, for example
`provides the user an opportunity to confirm the
`and valuable functions. For example, the tool
`Unlike existing tools, the tool provides several unique
`“click” to browse a directory to select media objects.
`operation of the tool is drag and drop or the user can
`media submission tool. As with some existing tools,
`generally speaking, provides an improved web-based
`’557 Patent at 1:66-2:15: “The present invention,
`
`’557 Patent at 2:40-44: “The following describes the
`
`
`
`databases.”
`integration of the media objects within existing
`the user and the media objects facilitates automatic
`media objects). The submission of information about
`user-visible (e.g., the user can provide captions for
`user-transparent (e.g., user ID and/or password) and
`exemplary embodiment, information capture is both
`being uploaded together with the media objects. In an
`
`
`
`human intervention[.]”
`meets their imaging specifications every time without
`partner, access to contributed media ‘made to order’, it
`media acquisition; d) to PictureWorks web site
`uniform standardized, reliable and secure channel for
`c) to PictureWorks web site partner, access to a
`modifications to the media objects prior to sending;
`
`objects to web pages "as is" without making
`b) to the image submitter, the ability to submit media
`overcome technical obstacles;
`objects to web pages immediately without needing to
`a) to the image submitter, the ability to submit media
`are:
`
`
`
`kilobytes). Compression, for example, is a type of
`defined by either physical dimensions, pixel count, of
`resize the image, (i.e., increase or decrease its size as
`object for example, the Prepare and Post tools may
`a second location. In the case of an image media
`objects in any number of ways prior to transporting to
`identifier and the ability to preprocess the media
`to control the width and height of the media object
`provided via this intelligence, specifically, the ability
`4:65-5:20: “Other features are also
`
`
`
`into the tools.”
`tools is the browser, or client-side intelligence built
`4:58-60: “A key differentiator of the Prepare and Post
`
`
`
`Defendants’ Construction and Evidence
`
`Summit 6’s Construction and Evidence
`
`Claim Term and Relevant
`
`Claims
`
`PROPOSED CLAIM CONSTRUCTIONS AND IDENTIFICATION OF SUPPORTING EVIDENCE
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`server.”
`referred to as the first location, to a second location or
`submits media objects from inside a standard browser,
`Prepare and Post.™. tools, which prepares and
`
`contributed media “made to order”, it meets their
`d) to PictureWorks web site partner, access to
`media acquisition;
`uniform, standardized, reliable and secure channel for
`c) to PictureWorks web site partner, access to a
`modifications to the media objects prior to sending.
`objects to web pages “as is” without making
`b) to the image submitter, the ability to submit media
`overcome technical obstacles;
`objects to web pages immediately without needing to
`a) to the image submitter, the ability to submit media
`and Post tool are:
`’557 Patent at 2:58-3:8: “The benefits of the Prepare
`
`
`
`and Post tools handles all of these tasks for the user.”
`address, FTP etc., is not required, since the Prepare
`resolution, pixel, kilobyte, transfer protocol, IP
`understanding technical terms such as JPEG,
`technical sophistication is required. In particular,
`images in an immediate, intuitive manner. No
`the Prepare and Post tools, end users can submit
`objects over the web to be stored and served. Using
`provide the ability to submit and transport media
`refers to browser-side components which together
`’557 Patent at 2:48-57: “The Prepare and Post tools
`
`
`
`requirements of the second location.”
`tools will automatically prepare it to meet the
`media to the Prepare and Post tools ‘as is,’ since the
`user. This transparency allows the end user to submit
`executed in a manner that is transparent to the end
`intelligence may be
`for example, relating to contrast or saturation. This
`enhance the media object by changing image values,
`combine (including stitching) the media object, or
`the aspect ratio, add text of annotations, encode or
`quality setting of the image, crop the image or change
`identified as to a ‘type’ or ‘kind’ of media), change the
`the image’s file format (a way of a media object being
`sizing. The Prepare and Post tools may also change
`
`
`
`desired prior to upload.”
`perform any pre-processing of the image that may be
`identifier component is sized and configured to
`control. In the Configuration Section, the media object
`configurable default settings that the customer can
`5:42-46: “The Configuration Section overrides various
`
`file size of the media object and if the file size of the
`00000158): “The preprocessing including checking a
`’557 File History (SUMMIT6-
`
`
`
`History S6-00000202-203.
`00000436, 1372, 1436, 1517, 1522-23; ’515 File
`00000158, 213; ’482 File History SUMMIT6-
`’557 File History SUMMIT6-
`
`
`
`Defendants’ Construction and Evidence
`
`Summit 6’s Construction and Evidence
`
`Claim Term and Relevant
`
`Claims
`
`PROPOSED CLAIM CONSTRUCTIONS AND IDENTIFICATION OF SUPPORTING EVIDENCE
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`aspect ratio, add text or annotations, encode or
`setting of the image, crop the image or change the
`as to a “type” or “kind” of media), change the quality
`file format (a way of a media object being identified
`Prepare and Post tools may also change the image's
`Compression, for example, is a type of sizing. The
`either physical dimensions, pixel count, or kilobytes).
`image, (i.e., increase or decrease its size as defined by
`example, the Prepare and Post tools may resize the
`location. In the case of an image media object for
`number of ways prior to transporting to a second
`the ability to preprocess the media objects in any
`the width and height of the media object identifier and
`via this intelligence, specifically, the ability to control
`in a pre-set manner. Other features are also provided
`and generating media object identifiers dynamically or
`generating a visual representation of the media objects
`outlined such as associating data with media objects,
`directly provides features including those already
`intelligence built into the tools. This intelligence
`Prepare and Post tools is the browser, or client-side
`’557 Patent at 4:58-5:2: “A key differentiator of the
`
`contributed media in “real time” with no time delays.”
`f) to PictureWorks web site partner, access to
`to contribute media;
`provide web site visitors with an easy, error free way
`e) to PictureWorks web site partner, the ability to
`intervention;
`imaging specifications every time without human
`
`
`
`. . . Pre-processing of the media object prior to upload
`media object occurs prior to upload at the local device.
`remote device. In this context, pre-processing of the
`the local device and is desired to be uploaded to the
`Applicants’ invention, the media object originates at
`’482 File History SUMMIT6-00001372: “In
`
`
`
`another computer.”
`transmission of the image from the local computer to
`parameters associated with the web page prior to
`image preprocessed according to one or more
`user interface of the web page, nor is the selected
`Narayen the images are not selected via an embedded
`’482 File History (SUMMIT6-00000436): “in
`
`
`
`the media object
`in Narayen is done in response to the acquisition of
`the media object. None of the preprocessing described
`64 of Narayen as indicating that Narayen preprocesses
`examiner points to column 8 line 60 to column 9 line
`’557 File History (SUMMIT6-00000213): “The
`
`file size reducing the file size of the media object.”
`media object is larger than a predetermined maximum
`
`
`
`
`
`the picture album.”
`Narayen is done in response to user input arranging
`modifications of the picture album described in
`independent claims 15, 16, 48, and 49. The
`without additional user input as claimed in
`
`Defendants’ Construction and Evidence
`
`Summit 6’s Construction and Evidence
`
`Claim Term and Relevant
`
`Claims
`
`PROPOSED CLAIM CONSTRUCTIONS AND IDENTIFICATION OF SUPPORTING EVIDENCE
`
`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 14 of 203 PageID 11963
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`required.”
`client-side processing, image processing is not
`Note that, although image submission may involve
`it to meet the requirements of the second location.
`tools “as is,” since the tools will automatically prepare
`the end user to submit media to the Prepare and Post
`transparent to the end user. This transparency allows
`intelligence may be executed in a manner that is
`for example, relating to contrast or saturation. This
`enhance the media object by changing image values,
`combine (including stitching) the media object, or
`
`
`
`that may be desired prior to upload.”
`configured to perform any preprocessing of the image
`the media object identifier component is sized and
`customer can control. In the Configuration Section,
`overrides various configurable default settings that the
`’557 Patent at 5:42-46: “The Configuration Section
`
`
`
`present invention embeds objects in web sites that
`’557 Patent FH, 2/27/03 Interview Summary: “[T]he
`
`object for requirements to the web site.”
`association, automatically preprocessing the media
`and 31 include the step of, in response to an
`’557 Patent FH, 9/27/02 Remarks at 12: “Claims 16
`
`
`
`File Histories and Reexamination
`
`
`
`See also, Appendix A.
`
`FlashPix file. Rather, the composition process is
`does not modify the image data contained within the
`FlashPix file. The composition process of Hui also
`modify the underlying image data contained within the
`be displayed. The image correction process does not
`color, tone, etc.) that control how the image data is to
`designed to modify the viewing parameters (e.g.,
`file. Specifically, the image correction process is
`modify the image data contained within the FlashPix
`image correction and composition processes do not
`’482 File History (SUMMIT6-00001522): “Hui’s
`
`
`
`upload to a server device.”
`device. This pre-processing is performed prior to
`on pre-processing parameters obtained from another
`the client device pre-processes digital content based
`’482 File History (SUMMIT6-00001517): “In general,
`
`all such processing to occur at the server device.”
`prior to upload obviates the need for
`specification. Pre-processing of the digital content
`at the client device. See, e.g., Abstract of Applicants’
`processing of the digital content occurs prior to upload
`uploaded to the server device. In this context, pre-
`originates at the client device and is desired to be
`Applicants’ claims at issue here, the digital content
`’482 File History (SUMMIT6-00001436): “In
`
`remote device.”
`obviates the need for such processing to occur at the
`
`
`
`
`
`Defendants’ Construction and Evidence
`
`Summit 6’s Construction and Evidence
`
`Claim Term and Relevant
`
`Claims
`
`PROPOSED CLAIM CONSTRUCTIONS AND IDENTIFICATION OF SUPPORTING EVIDENCE
`
`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 15 of 203 PageID 11964
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`file size reducing the file size of the media object.”
`media object is larger than a predetermined maximum
`size of the media object and if the file size of the
`web site, the pre-processing including checking a file
`processing the media object for the requirements of a
`objects; the media objects automatically pre-
`includes a graphical user interface for acquiring media
`16 and 49, the media object identifier at a web page
`’557 Patent FH, 03/06/03 Remarks at 19: “In claims
`
`enable client-side pre-processing.”
`
`
`
`
`
`device.”
`first computing device to the second computing
`transmission of the selected media object from the
`parameters associated with the web page, prior to
`first computing device according to one or more
`that the selected media object is preprocessed on the
`computing device by a second computing device, and
`web page, where the web page is displayed on a first
`object is received via a user interface embedded in the
`independent claim 7 recites that a selection of a media
`’482 Patent FH, 3/25/08 Remarks at 4: “New
`
`
`
`object from the local computer to a remote server.”);
`preprocessing and uploading the preprocessed media
`object at local computer without user selection of
`displayed at a local computer, preprocessing a media
`covers acquiring a media object with a web page
`’557 Patent FH, 03/06/03 Remarks at 21” “Claim 50
`
`audio content.”
`one or more of image content, video content, and
`said to pre-process the digital content, which includes
`correction and composition processes of Hui cannot be
`data, not to the image data itself. Accordingly, the
`separate information that is associated with the image
`composition processes of Hui are both directed to
`Applicants submit that the image correction and
`captions) that is separate from the image data.
`designed to add or delete information (e.g., written
`
`
`
`the user.”
`using the correction process tools made available to
`image. Instead, the user controls the specific coloring
`directing an application of specific coloring to an
`example, Hui does not describe a remote device
`user. Control is not effected by a remote device. For
`processes disclosed by Hui are directed solely by the
`specifically, any image correction or composition
`’482 File History (SUMMIT6-00001522-23): “More
`
`processing referred to at col. 11, lines 6-10 of Arledge
`respect to claims 31 and 33, Applicants note that the
`’515 File History (S6-00000203): “Again, further with
`
`
`
`1.”
`does not occur at the client device as recited by claim
`processing referred to at col. 11, lines 6-10 of Arledge
`’515 File History (S6-00000202): “Significantly, the
`
`
`
`Defendants’ Construction and Evidence
`
`Summit 6’s Construction and Evidence
`
`Claim Term and Relevant
`
`Claims
`
`PROPOSED CLAIM CONSTRUCTIONS AND IDENTIFICATION OF SUPPORTING EVIDENCE
`
`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 16 of 203 PageID 11965
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`remote device.”
`obviates the need for such processing to occur at the
`. . . Pre-processing of the media object prior to upload
`media object occurs prior to upload at the local device.
`remote device. In this context, pre-processing of the
`the local device and is desired to be uploaded to the
`Applicants’ invention, the media object originates at
`’482 Patent FH, 04/17/09 Remarks at 16: “In
`
`quality print.”
`consumer’s computer system would result in a low-
`low-resolution version of the digital image by the
`the photofinisher.... Pre-processing and transmitting a
`image data from the consumer’s computer system to
`need by Fredlund to transmit any pre-processed digital
`the digital image data at the photofinisher obviates the
`... [t]he processing of the high-resolution version of
`at the remote device.... In Fredlund, on the other hand
`upload obviates the need for such processing to occur
`device.... Preprocessing of the media object prior to
`media object occurs prior to upload at the local
`remote device. In this context, pre-processing of the
`the local device and is desired to be uploaded to the
`Applicants’ invention, the media object originates at
`’482 Patent FH, 4/17/09 Remarks at 16-18: “In
`
`digital image data by the consumer’s computer system
`teaches away from transmitting any pre-processed
`’482 Patent FH, 04/17/09 Remarks at 19: “Fredlund
`
`
`
`
`
`23.”
`does not occur at the client device as recited by claim
`
`
`
`previous Summit 6 case.
`Federal Circuit rulings of matters on appeal in the
`briefing from the previous Summit 6 case; any future
`Markman order, hearing transcript, and associated
`Extrinsic support:
`
`
`
`Defendants’ Construction and Evidence
`
`Summit 6’s Construction and Evidence
`
`Claim Term and Relevant
`
`Claims
`
`PROPOSED CLAIM CONSTRUCTIONS AND IDENTIFICATION OF SUPPORTING EVIDENCE
`
`Case 7:14-cv-00014-O Document 232 Filed 01/27/15 Page 17 of 203 PageID 11966
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`processing to occur at the server device.”
`content prior to upload obviates the need for all such
`at the client device. . . . Pre-processing of the digital
`processing of the digital content occurs prior to upload
`uploaded to the server device. In this context, pre-
`originates at the client device and is desired to be
`Applicants’ claims at issue here, the digital content
`’482 Patent FH, 12/07/09 Remarks at 23: “In
`
`consumer’s computer system 42.”
`lab 14, any pre-processed digital image data from the
`teaches away from receiving, by the photo processing
`’482 Patent FH, 4/17/09 Remarks at 21: “Fredlund
`
`42 to the photo processing lab 14.
`
`
`
`
`
`pre-processing is performed prior to upload to a server
`’482 Patent FH, 03/26/10 Remarks at 17-18: “This
`
`
`
`resident at the image server 30.”
`an electronic album using references to image data
`different