Case 1:14-cv-00008-RC Document 194-1 Filed 02/20/15 Page 1 of 28 PageID #: 1408
`
`Personal Audio v. Acer America, et al., Case No. 1:14-cv-8-RC
` Personal Audio LLC v. Fuhu, Inc., Case No. 1:13-cv-513-RC
`
`APPENDIX A TO CLAIM CONSTRUCTION BRIEF
`
`The Chart below lists: (1) the disputed claim terms at issue in this case; (2) the Court’s previous constructions of same; and, (3) each party’s
`competing claim construction positions (showing the differences in the proposed constructions and the Court’s previous constructions, if any).
`
`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`1.
`
`“selected audio
`program segments”
`(’076 patent claim 1)
`
`“Selected audio program segments” means:
`“audio program segments that have been chosen
`by or for a user.”
`
`“audio program
`segment(s)” (claims 1,
`14, 15 of the ’076 patent)
`
`(See, Personal Audio LLC v. Apple, Inc. et al.,
`Case No. 9:09-cv-00111-RC (“Apple”) Dkt.
`258, p. 48.)
`
`Plaintiff proposes the construction from
`Personal Audio LLC v. Apple, Inc. et al., Case
`No. 9:09-cv-00111-RC “Personal Audio v.
`Apple”
`
`“selected audio program segments”: the
`preamble is not limiting
`
`“audio program segment(s)” / “program
`segment(s): plain and ordinary meaning
`
`Preamble is limiting;
`
`Plaintiff’s Position: Program segments needs
`no further construction, beyond that proposed
`for “selected audio program segments” (i.e.
`the term to which program segments relates);
`
`“program segment(s)”
`(claims 6, 14 of the ’178
`patent)
`
`2.
`
`“file” (’076 patent
`claims 1, 14; ’178 patent
`claim 1)
`
`The Court noted that The Academic Press
`Dictionary of Science and Technology defines
`‘file’ as “any collection of data that is stored
`and manipulated as a named unit by a file-
`management system.”
`
`(Apple Dkt. 363, p. 12.)
`
`Plain and ordinary meaning and no
`construction necessary.
`
`In the alternative,
`
`Personal Audio proposes “an electronic data
`file”
`
`“a any collection of data that is stored and
`manipulated as a named unit by a file-
`management system”
`
`3.
`
`Sequencing file terms
`
`“file of data
`establishing a
`sequence” (’076 patent
`claims 1, 14)
`
`“File of data establishing a sequence”
`means “a file of data that identifies the order
`in which audio program segments are to be
`played and that may contain information
`about the sequence of events that occur during
`playback.”
`
`Plaintiff proposes the construction from
`Personal Audio LLC v. Apple, Inc. et al., Case
`No. 9:09-cv-00111-RC
`
`“a file that is received by the player, stored,
`and used by the processor to both control
`playback of each song in the recommended
`order and respond to control commands”
`
`“a file of data that identifies the order in
`which audio program segments are to be
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
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`

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`Case 1:14-cv-00008-RC Document 194-1 Filed 02/20/15 Page 2 of 28 PageID #: 1409
`
`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`played and that may contain information
`about the sequence of events that occur during
`playback.”
`
`“sequencing file” (’178
`patent claim 1)
`
`“playback session
`sequencing file” (’178
`patent claim 14)
`
`“Sequencing file” means “a file of data that
`identifies the order in which audio program
`segments are to be played and that may
`contain information about the sequence of
`events that occur during playback.”
`
`"Playback session sequencing file" means "a
`file of data that identifies the order in which
`audio program segments are to be played and
`that may contain information about the
`sequence of events that occur during
`playback."
`
`(Apple Dkt. 258, p. 20-21.)
`
`4.
`
`Downloading terms
`
`“a communications
`port for establishing a
`data communications
`link for downloading a
`plurality of separate
`digital compressed
`audio program files and
`a separate sequencing
`file from one or more
`server computers” (’178
`patent claim 1)
`
`“a communications
`port for downloading at
`
`A communications port for downloading means
`a port for establishing a connection between a
`player and a network.
`
`Communication Port
`“a port for establishing a connection between
`a player client and a network”
`
`Communications port
`“a port for establishing a connection between
`the player and a network”
`
`A communications port for establishing a data
`communications link for downloading means a
`port for establishing a connection between the
`player and a network
`
`Downloading
`“transferring a copy of a file from a remote
`computer to the requesting computer by
`means of a modem or network”
`
`Downloading a plurality of separate digital
`compressed audio program files and a separate
`sequencing file from one or more server
`computers means transferring a plurality of
`separate digital compressed audio program files
`and a separate sequencing file from the memory
`of one or more separate computers to the memory
`
`“transferring a plurality of separate digital
`compressed audio program files and a
`separate sequencing file from the memory of
`one or more remote server separate computers
`via a modem or network to the memory of the
`player upon a request by the player.”
`
`Downloading
`“transferring digital compressed audio
`program files and a separate sequencing file
`from one or more separate computers to the
`player over a network upon a request by the
`player identifying said digital compressed
`audio program files and said separate
`sequencing file.”
`
`“transferring at least some of said audio
`program files and said playback session
`sequencing file from the memory of one or
`
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`-2-
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`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`least some of said audio
`program files and said
`playback session
`sequencing file from
`said one or more server
`computers” (’178 patent
`claim 14)
`
`of the player upon a request by the player.
`
`Downloading at least some of said audio
`program files and said playback session
`sequencing file from said one or more server
`computers has been construed to mean
`transferring at least some of said audio program
`files and said playback session sequencing file
`from the memory of one or more separate
`computers to the memory of the player upon a
`request by the player.
`
`(Apple Dkt. 258, p. 41-42)
`
`more separate computers to the memory of
`the player over a network upon a request by
`the player identifying said digital compressed
`audio program files and said playback session
`sequencing file.”
`
`5.
`
`“means for storing a
`plurality of program
`segments, each of said
`program segments
`having a beginning and
`an end” (‘076 patent
`claim 1)
`
`The function is "storing a plurality of program
`segments."
`
`This term is governed by 35 U.S.C. § 112(6).
`
`Construction from Personal Audio LLC v.
`Apple, Inc. et al., Case No. 9:09-cv-00111-RC
`
`The structure corresponding to the "storing"
`function can be the following structures and
`equivalents thereof:
`
`1. A data storage system consisting of both
`high speed RAM storage and a persistent
`mass storage device, such as a magnetic disk
`memory; or
`2. A replaceable media, such as an optical disk
`cartridge.
`
`(Apple Dkt. No. 258, p.51)
`
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A player client that has been programmed to:
`
`Store downloaded selected audio program
`segments, downloaded from one or more host
`servers, to a local storage system.
`
`A local storage system is:
`
`1. A data storage system consisting of
`both high speed RAM storage and a
`persistent mass storage device, such as
`a magnetic disk memory; or
`
`-3-
`
`This term is governed by 35 U.S.C. § 112(6).
`
`Function
`“storing a plurality of program segments”
`
`Structure
`1. A data storage system consisting of both
`high speed RAM storage and a persistent
`mass storage device, such as a magnetic disk
`memory; or
`
`2. A replaceable media, such as an optical
`disk cartridge.
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
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`

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`
`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`6.
`
`“means for receiving
`and storing a file of
`data establishing a
`sequence” (’076 patent
`claim 1)
`
`means for receiving and storing a file of data
`establishing a sequence in which said program
`segments are scheduled to be reproduced by said
`player
`
`The structure corresponding to the "receiving"
`function can be the following structures and
`equivalents thereof:
`
`1. A conventional high speed data modem
`and modem dial up driver software for
`connecting via conventional dial up telephone
`SLIP or PPP TCP/IP series data
`communication link to an Internet service
`provider which provides access to the Internet;
`2. An ISDN or cable modem link for
`connecting to an Internet service provider
`which provides access to the Internet;
`3. Cellular radio, cellular phone, or satellite
`links;
`4. A radio or infrared link for connecting to
`a local communications server computer linked
`to the Internet;
`5. A place in which a replaceable media,
`such as an optical disk cartridge, may be
`inserted into the player; or
`6. A direct link implemented using the
`Cellular Digital Packet Data (CDPD) service
`for providing access to the Internet using the
`TCP/IP protocol.
`
`2. A replaceable media, such as an
`optical disk cartridge.
`
`This term is governed by 35 U.S.C. § 112(6).
`
`Construction from Personal Audio LLC v.
`Apple, Inc. et al., Case No. 9:09-cv-00111-RC
`
`The structure corresponding to the claimed
`function as described in inter alia Fig. 2 is the
`following structures and equivalents thereof:
`
`A player client that has been programmed to:
`1. Establish a communication link with
`one or more host servers of a digital
`audio library; and
`
`2. Download from one or more host
`servers using an Internet connection a
`“recommended program sequence
`file” into a local storage unit of the
`player/client.
`
`The “recommended program sequence file” is
`a file that “identifies the order in which
`downloaded program segments are to be
`played, with the initial selection and sequence
`being established based on user preference
`data”
`
`Download is defined as “to transfer a copy of
`a file from a remote computer to the
`requesting computer by means of a modem or
`
`-4-
`
`This term is governed by 35 U.S.C. § 112(6).
`
`Function
`
`“receiving and storing a file of data
`establishing a sequence”
`
`Structure for receiving:
`1. A conventional high speed data modem and
`modem dial up driver software for connecting
`via conventional dial up telephone SLIP or
`PPP TCP/IP series data communication link
`to an Internet service provider which provides
`access to the Internet;
`
`link for
`2. An ISDN or cable modem
`connecting to an Internet service provider
`which provides access to the Internet;
`
`3. Cellular radio, cellular phone, or satellite
`links;
`
`4. A radio or infrared link for connecting to a
`local communications server computer linked
`to the Internet;
`
`5. A place in which a replaceable media, such
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
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`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`network”
`
`The structure corresponding to the "storing"
`function can be the following
`structures and equivalents thereof:
`
`1. A data storage system consisting of both
`high speed RAM storage and a persistent mass
`storage device, such as a magnetic disk
`memory; or
`2. A replaceable media, such as an optical
`disk cartridge.
`
`(Apple Dkt. No. 258, p.30)
`
`as an optical disk cartridge, may be inserted
`into the player; or
`
`6. A direct link implemented using the
`Cellular Digital Packet Data (CDPD) service
`for providing access to the Internet using the
`TCP/IP protocol.
`
`Structure for storing:
`1. A data storage system consisting of both
`high speed RAM storage and a persistent
`mass storage device, such as a magnetic disk
`memory; or
`
`2. A replaceable media, such as an optical
`disk cartridge.
`
`7.
`
`“means for
`continuously
`reproducing said
`program segments in
`the order established by
`said sequence in the
`absence of a control
`command” (’076 patent
`claim 1)
`
`The function is "continuously reproducing said
`program segments in the order established by said
`sequence in the absence of a control command."
`
`The structure corresponding to the "continuously
`reproducing" function is the following structures
`and equivalents thereof:
`
`A sound card that includes a digital to analog
`converter; headphones or one or more speakers;
`and a general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 233, 235, 237, 239,
`and 261 and more fully described at column 12,
`line 16 to column 13, line 11 and column 34, line
`28 to column 35, line 44.
`
`This term is governed by 35 U.S.C. § 112(6).
`
`This term is governed by 35 U.S.C. § 112(6).
`
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A sound card that includes a digital to analog
`converter; headphones or one or more
`speakers; and a player client general purpose
`computer programmed to perform the
`algorithm that is illustrated in the flow chart
`of Figure 3 at items 233, 235, 237, 239, and
`261 and more fully described at column 12,
`line 16 to column 13, line 11 and column 34,
`line 28 to column 35, line 44.
`
`Function
`“continuously reproducing said program
`segments in the order established by said
`sequence in the absence of a control
`command”
`
`Structure
`A sound card that includes a digital to analog
`converter; headphones or one or more
`speakers; and a general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 233, 235, 237, 239, and 261 and more
`
`-5-
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
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`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`Specifically, this algorithm includes the following
`steps:
`
`Specifically, this algorithm includes the
`following steps:
`
`beginning playback with the program
`1.
`segment identified by the ProgramID contained
`in the Selection_Record specified by the
`CurrentPlay variable;
`
`2. when the currently playing program
`segment concludes, incrementing the
`CurrentPlay variable by one and fetching and
`playing the program segment identified by the
`ProgramID contained in the next
`Selection_Record in the sequencing file;
`
`repeating step (2) until the last
`3.
`Selection_Record in the sequencing file is
`reached, which resets the CurrentPlay variable
`to "1" to begin the playing sequence again with
`the first Selection_Record in the sequencing
`file.
`
`(Apple Dkt. No. 358, p.12)
`
`1. beginning playback with the program
`segment identified by the ProgramID
`contained in the Selection_Record
`specified by the CurrentPlay variable;
`
`2. when the currently playing program
`segment concludes, incrementing the
`CurrentPlay variable by one and
`fetching and playing the program
`segment identified by the ProgramID
`contained in the next
`Selection_Record in the sequencing
`file;
`
`3.
`
`repeating step (2) until the last
`Selection_Record in the sequencing
`file is reached, which resets the
`CurrentPlay variable to "1" to begin
`the playing sequence again with the
`first Selection_Record in the
`sequencing file.
`
`fully described at column 12, line 16 to
`column 13, line 11 and column 34, line 28 to
`column 35, line 44.
`
`Specifically, this algorithm includes the
`following steps:
`
`(1) beginning playback with the program
`segment identified by the ProgramID
`contained in the Selection_Record specified
`by the CurrentPlay variable;
`
`the currently playing program
`(2) when
`segment concludes,
`
`(a) if the concluded segment is a topic or
`subject announcement, incrementing the
`CurrentPlay variable by one and fetching
`and playing the program segment
`identified by the ProgramID contained in
`the next Selection_Record in the received
`sequencing file, and
`
`(b) if the concluded segment is a program
`segment,
`
`(i) scanning forward in the received
`sequencing file to locate the next
`Selection_Record containing the
`appropriate LocType;
`
`(ii) resetting the CurrentPlay variable
`to the record number of that
`Selection_Record; and
`
`(iii) fetching and playing the program
`
`-6-
`
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`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`segment identified by the ProgramID
`contained in the new
`Selection_Record;
`
`(3) repeating step (2) until the last a rewind
`Selection_Record (LocType: R) in the
`received sequencing file is reached, which
`resets the CurrentPlay variable to the location
`value contained in the rewind
`Selection_Record which is set to “1” to begin
`the playing sequence again with the first
`Selection_Record in the received sequencing
`file.
`
`8.
`
`“means for detecting a
`first command
`indicative of a request
`to skip forward” (’076
`patent claim 1)
`
`The function is "detecting a first command
`indicative of a request to skip forward."
`
`This term is governed by 35 U.S.C. § 112(6).
`
`Construction from Personal Audio LLC v.
`Apple, Inc. et al., Case No. 9:09-cv-00111-RC
`
`The structure corresponding to the "detecting"
`function is the following structures and
`equivalents thereof:
`
`A general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 261, 262, and 275.
`
`Specifically, this algorithm includes the following
`steps:
`1. determining whether input from the
`means for accepting control commands is
`a command using an “if-then-else”
`programming construct; and
`if the input is a command, using a
`"branch" programming construct to select
`
`2.
`
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A player client general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 261, 262, and 275.
`
`Specifically, this algorithm includes the
`following steps:
`
`1. determining whether input from the
`means for accepting control commands
`is a command using a conditional an
`
`This term is governed by 35 U.S.C. § 112(6).
`
`Function
`“detecting a first command indicative of a
`request to skip forward”
`
`Structure
`A general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 261, 262, and
`275. Specifically, this algorithm includes the
`following steps:
`
`(1) determining whether input from the means
`
`-7-
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
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`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
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`Defendants’ Proposed Constructions
`
`one of the player's available commands,
`which include a "Skip" command, for
`execution.
`
`“if-then-else” programming construct;
`and
`
`for accepting control commands is a
`command using a “if-then-else” programming
`construct; and
`
`9.
`
`“means for detecting a
`second command
`indicative of a request
`to skip backward”
`(‘076, claim 2)
`
`(Apple Dkt. No. 292, p.25-26)
`
`2.
`
`if the input is a command, using a
`"branch" programming construct to
`select one of the player's available
`commands, which include a "Skip"
`command, for execution.
`
`The function is “detecting a second command
`indicative of a request to skip backward.”
`
`This term is governed by 35 U.S.C. § 112(6).
`
`The structure corresponding to the “detecting”
`function is the following structure and equivalents
`thereof:
`
`A general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 261, 262, and 278.
`
`Specifically, this algorithm includes the following
`steps:
`
`(1) determining whether input from the means for
`accepting control commands is a command using
`an “if-then-else” programming construct; and
`
`(2) if the input is a command, using a “branch”
`programming construct to select one of the
`player’s available commands, which include a
`“Back” command, for execution.
`
`(Apple Dkt. No. 292, p.26)
`
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A player client general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 261, 262, and 278.
`
`Specifically, this algorithm includes the
`following steps:
`
`determining whether input
`•
`from the means for accepting control
`commands is a command using a
`conditional an “if-then-else”
`programming construct; and
`•
`if the input is a command,
`using a "branch" programming
`construct to select one of the player's
`
`-8-
`
`(2) if the input is a command, using a
`"branch" programming construct to select one
`of the player's available commands, which
`include a "Skip" command, for execution.
`
`Construction from Personal Audio LLC v.
`Apple, Inc. et al., Case No. 9:09-cv-00111-RC
`
`This term is governed by 35 U.S.C. § 112(6).
`
`Function
`“detecting a second command indicative of a
`request to skip backward”
`
`Structure
`
`A general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 261, 262, and
`278. Specifically, this algorithm includes the
`following steps:
`
`(1) determining whether input from the means
`for accepting control commands
`is a
`command using a “if-then-else” programming
`construct; and
`
`(2) if the input is a command, using a
`"branch" programming construct to select one
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
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`Ref. Term To Be Construed Court’s Prior Construction
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`Plaintiff’s Proposed Constructions
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`Defendants’ Proposed Constructions
`
`10.
`
`“Means responsive”
`terms
`
`In re ‘Skip’
`
`“Means responsive to
`[said first command/a
`single one of said second
`commands/2two
`consecutive ones of said
`second commands/a first
`one of said control
`commands/a second one
`of said control
`command/two
`consecutive ones of said
`second control
`commands] for
`discontinuing the
`[reproduction/translation]
`of the currently playing
`program segment and
`instead continuing the
`[reproduction/translation]
`at the beginning of [a
`program segment which
`follows said currently
`
`The function is "in response to a 'Skip' command,
`discontinuing the reproduction of the currently
`playing program segment and instead continuing
`the reproduction at the beginning of a program
`segment which follows said currently playing
`program in said sequence."
`
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 269 and 235 and
`more fully described at column 15, lines 21 to 25
`and column 34, line 28 to column 35, line 48.
`Specifically, this algorithm includes the following
`steps:
`1.
`
`scanning forward in the sequencing file to
`locate the next Selection_Record of the
`appropriate LocType;
`resetting the CurrentPlay variable to the
`record number of that Selection_Record;
`and
`fetching and playing the program segment
`
`2.
`
`3.
`
`available commands, which include a
`"Back”1 command, for execution.
`
`of the player's available commands, which
`include a "Back" command, for execution.
`
`This term is governed by 35 U.S.C. § 112(6).
`
`This term is governed by 35 U.S.C. § 112(6).
`
`In re ‘Skip’
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A player client general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 269 and 235 and more fully described at
`column 15, lines 21 to 25 and column 34, line
`28 to column 35, line 48.
`
`A player client programmed to perform the
`following steps:
`
`1. scanning forward in the sequencing
`file to locate the next
`Selection_Record of the appropriate
`LocType;
`
`2.
`
`resetting the CurrentPlay variable to
`the record number of that
`Selection_Record; and
`
`Function
`“in response to a [‘Skip’/single ‘Back’/two
`consecutive ‘Back’/‘Back’] command[s],
`discontinuing the [reproduction/translation] of
`the currently playing program segment and
`instead continuing the
`[reproduction/translation] at the beginning of
`[a program segment which follows said
`currently playing program in said
`sequence/said currently playing program/a
`program segment which precedes the
`currently playing program segment/the next
`program segment in said sequence].”
`
`Structure
`Skip: A general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 269 and 235 and more fully described at
`column 15, lines 21 to 25 and column 34, line
`28 to column 35, line 48. Specifically, this
`algorithm includes the following steps:
`
`(1) scanning forward in the received
`
`1 Plaintiff’s 4-3 statement contained a typographical error which has been corrected herein: “Skip” has been corrected to “Back”.
`2 Plaintiff’s 4-3 statement contained a typographical error which has been corrected herein: The phrase “the detection of” was inadvertently included and has been removed.
`
`-9-
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
`
`

`

`Case 1:14-cv-00008-RC Document 194-1 Filed 02/20/15 Page 10 of 28 PageID #: 1417
`
`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`playing program in said
`sequence/said currently
`playing program/a
`program segment which
`precedes the currently
`playing program
`segment/the next
`program segment in said
`sequence] (’076 patent
`claims 1, 2, 3, 14, 15)
`
`identified by the ProgramID contained in
`the new Selection_Record.
`
`(Apple Dkt. No. 358, p.12-13)
`
`In re ‘Back’
`The function is “in response to a single ‘Back’
`command, discontinuing the
`reproduction of the currently playing program
`segment and instead
`continuing the reproduction at the beginning of
`said currently playing program.”
`
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 269 and 235 and
`more fully described at column 15, lines 49 to 59.
`Specifically, this algorithm includes the following
`steps:
`1.
`
`if the currently playing program segment
`has played for a predetermined amount of
`time, resetting the playback position to the
`beginning of the program segment; and
`2. playing the program segment from its
`beginning.
`
`(Apple Dkt. No. 358, p.13)
`
`In re ‘Two Back’
`The function is “in response to two
`
`3.
`
`fetching and playing the program
`segment identified by the ProgramID
`contained in the new
`Selection_Record.
`
`In re ‘Back’
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A player client general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 269 and 235 and more fully described at
`column 15, lines 49 to 59.
`
`Specifically, this algorithm includes the
`following steps:
`
`1.
`
`if the currently playing program
`segment has played for a
`predetermined amount of time,
`resetting the playback position to the
`beginning of the program segment;
`and
`
`2. playing the program segment from its
`beginning.
`
`sequencing file to locate the next
`Selection_Record of the appropriate LocType;
`
`(2) resetting the CurrentPlay variable to the
`record number of that Selection_Record; and
`
`(3) fetching and playing the program segment
`identified by the ProgramID contained in the
`new Selection_Record.
`
`Single Back: A general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 269 and 235 and more fully described at
`column 15, lines 49 to 59. Specifically, this
`algorithm includes the following steps:
`
`(1) if the currently playing program segment
`has played for a predetermined amount of
`time, resetting the playback position to the
`beginning of the program segment; and
`
`(2) playing the program segment from its
`beginning.
`
`Two Back: A general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 269, 235, 261, 262, and 278 and more
`fully described at column 15, lines 49 to 59
`and column 34, line 28 to column 35, line 53.
`Specifically, this algorithm includes the
`following steps:
`
`In re ‘Two Back’
`
`(1) in response to a first “Back” command, if
`
`-10-
`
`IPR2015-00846 Lenovo (United States) Inc. v Personal Audio LLC Ex. 2002
`
`

`

`Case 1:14-cv-00008-RC Document 194-1 Filed 02/20/15 Page 11 of 28 PageID #: 1418
`
`Ref. Term To Be Construed Court’s Prior Construction
`
`Plaintiff’s Proposed Constructions
`
`Defendants’ Proposed Constructions
`
`the currently playing program segment has
`played for a predetermined amount of time,
`resetting the playback position to the
`beginning of the program segment, and
`playing the program segment from its
`beginning;
`
`(2) in response to a second “Back” command,
`if the currently playing program segment is
`near its beginning has not yet played for said
`predetermined amount of time, scanning
`backward in the received sequencing file to
`locate the previous Selection_Record of the
`appropriate LocType;
`
`(3) resetting the CurrentPlay variable to the
`record number of that Selection_Record; and
`
`(4) fetching and playing the program segment
`identified by the ProgramID contained in the
`new Selection_Record.
`
`consecutive ‘Back’ commands, discontinuing
`the reproduction of the currently playing
`program segment and instead continuing the
`reproduction at the beginning of a program
`segment which precedes the currently playing
`program segment.”
`
`The structure corresponding to the claimed
`function is the the following structures and
`equivalents thereof:
`
`A general purpose computer programmed to
`perform the algorithm that is illustrated in the
`flow chart of Figure 3 at items 269, 235, 261, 262,
`and 278 and more fully described at column 15,
`lines 49 to 59 and column 34, line 28 to column
`35, line 53. Specifically, this algorithm includes
`the following steps:
`
`in response to a first 'Back' command, if
`1.
`the currently playing program segment has
`played for a predetermined amount of time,
`resetting the playback position to the
`beginning of the program segment and playing
`the program segment from its beginning;
`2.
`in response to a second 'Back' command,
`if the currently playing program segment has
`not yet played for said predetermined amount
`of time, scanning backward in the sequencing
`file to locate the previous Selection_Record of
`the appropriate LocType;
`3.
`resetting the CurrentPlay variable to the
`record number of that Selection_Record; and
`
`The structure corresponding to the claimed
`function is the following structures and
`equivalents thereof:
`
`A player client general purpose computer
`programmed to perform the algorithm that is
`illustrated in the flow chart of Figure 3 at
`items 269, 235, 261, 262, and 278 and more
`fully described at column 15, lines 49 to 59
`and column 34, line 28 to column 35, line 53.
`
`Specifically, this algorithm includes the
`following steps:
`
`1.
`
`2.
`
`in response to a first 'Back' command,
`if the currently playing program
`segment has played for a
`predetermined amount of