Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 1 of 8
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`CASE NO.: 01-06-CIV-21359
`JUDGE JAMES LAWRENCE KING
`MAGISTRATE JUDGE GARBER
`
`
`ROTHSCHILD TRUST
`HOLDINGS, LLC,
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`vs.
`
`
`
`
`
`
`CITRIX SYSTEMS, INC.,
`CITRIX ONLINE, LLC,
`
`
`
`Defendants.
`
`
`_____________________________________/
`
`
`JOINT CLAIM CONSTRUCTION AND
` PREHEARING STATEMENT
`
`Pursuant to the August 7, 2006 Order on Joint Scheduling Conference, Plaintiff
`
`
`
`Rothschild Trust Holdings, LLC, (“Rothschild”) and Defendants Citrix Systems, Inc.,
`
`and Citrix Online, LLC (collectively “Citrix”) submit the following Joint Claim
`
`Construction and Prehearing Statement.
`
`The Construction of those claims, terms, phrases or clauses on which the
`
`A.
`
`parties agree:
`
`
`
`U.S. Patent No. 6,101,534 Claim Term or
`Phrase
`1. “primary site address” (claim 1)
`
`2. “said primary site address including at
`least a portion of said primary site data”
`(claim 1)
`3. “a plurality of remotely accessible,
`auxiliary site addresses encoded therein”
`(claim 1)
`
`Agreed Construction
`
`A distinct location on the remote server
`assembly.
`At least a portion of the primary site data is
`included at the primary site address.
`
`Two or more distinct locations on the
`interchangeable
`computer
`readable
`medium. Each distinct location can be
`accessed remotely.
`
`
`
`PETITIONER EX. 1014 Page 1
`
`

`
`Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 2 of 8
`
`
`U.S. Patent No. 6,101,534 Claim Term or
`Phrase
`4. “structured to signal a non-presence of
`said compact, portable and interchangeable
`computer readable medium” (claim 5)
`5. “the claimed local processor assembly
`includes a data entry assembly associated
`therewith” (claim 10)
`6. “The claimed data entry assembly being
`structured to provide for an input of at least
`a portion of said auxiliary site data into a
`corresponding one of said auxiliary site
`addresses of said compact, portable and
`interchangeable
`computer
`readable
`medium” (claim 10)
`7.”a compression assembly structured to
`compress said auxiliary site data inputted
`by said data entry assembly onto said
`compact, portable and
`interchangeable
`computer readable medium” (claim 11)
`
`to
`8. “a receiver assembly structured
`receive a
`remotely
`transmitted signal
`containing at least some of said auxiliary
`site data” (claim 12)
`9. “an interlaced broadcast signal” (claim
`14)
`
`CASE NO.: 01-06-CIV-21359
`
`
`Agreed Construction
`
`Put together so as to indicate when no
`compact,
`portable,
`interchangeable
`computer readable medium is present.
`The local processor assembly includes a
`device for writing data to a particular
`location, such as a computer keyboard.
`The data entry assembly can be used to
`write at least some of the auxiliary site data
`to
`the
`compact,
`portable
`and
`interchangeable computer readable medium
`at one of the auxiliary site addresses.
`
`A device that stores the auxiliary site data
`onto
`the
`compact,
`portable
`and
`interchangeable computer readable medium
`in a way that makes the data take up less
`space than it would in its non-compressed
`form.
`remotely
`a
`accepts
`that
`A device
`transmitted signal containing auxiliary site
`data.
`
`that alternates or
`A broadcast signal
`intermixes audio and video data.
`
`
`
`B.
`
`Each party’s proposed construction of each disputed claim term, phrase, or
`
`Rothschild contends that the Court does not need to construe any terms from the
`
`clause.
`
`
`
`asserted patent claims. Citrix contends that a number of claim terms need to be construed
`
`by the Court. The parties’ proposed constructions for the disputed claim terms identified
`
`by Citrix are set forth below:
`
`
`
`2
`
`
`
`PETITIONER EX. 1014 Page 2
`
`

`
`Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 3 of 8
`
`
`
`
`CASE NO.: 01-06-CIV-21359
`
`
`No.
`
`Patent
`U.S.
`6,101,534
`Claim
`Phrase
`server
`1.
`“remote
`assembly” (claim 1)
`
`Term
`
`or
`
`Rothschild’s Original
`Proposed
`Construction
`
`Rothschild’s
`Proposed
`Construction
`
`Citrix’s Proposed
`Construction
`
`
`Inadvertently
`submitted.
`
`not
`
`The content and/or data
`found at a distinct
`location on a server
`such as a Website on
`the Internet.
`Any electronic device
`having
`a processor
`(hereafter
`“the
`Device”), including but
`not limited to desktop
`and laptop computers,
`wireless
`devices,
`mobile phones, pagers,
`handheld
`computers,
`set top boxes such as
`Digital
`Video
`Recorders,
`portable
`media players, video
`game consoles, etc.
`The Device
`
`can
`communicate with the
`Server
`such as by
`accessing the internet
`(hereafter an “Internet
`Capable Device”)
`
`A computer that is in a
`network usually shared
`by multiple users; it is
`separate from a user
`computer
`but
`can
`communicate with a
`user computer via an
`online connection.
`
`Data at a location on
`the
`remote
`server
`assembly.
`
`a
`at
`computer
`A
`location distinct from
`the
`remote
`server
`assembly.
`
`A computer that is in a
`network usually shared
`by multiple users; it is
`separate from the user
`and
`local
`computer
`assembly,
`but
`is
`accessible to the user
`and
`local
`processor
`assembly via an online
`connection.
`The principal data that a
`user of
`the claimed
`system seeks to access
`and interface with.
`
`the
`A computer at
`in
`user’s
`location;
`contrast to a “remote”
`server assembly,
`the
`user can access data on
`the
`claimed
`“local”
`processor
`assembly
`an
`without
`on-line
`connection.
`
`local processor
`The
`assembly
`and
`the
`remote server assembly
`are connected to one
`another in a manner
`that
`permits
`the
`transmission
`and
`receipt of data.
`
`processor
`local
`The
`and
`the
`assembly
`remote server assembly
`are connected to one
`another in a manner that
`allows each assembly to
`transmit data
`to, and
`receive data from, the
`other assembly.
`
`2. “primary site data”
`(claim 1)
`
`“local processor
`3.
`assembly” (claim 1)
`
`in
`
`4. “said local processor
`assembly
`being
`coupled
`data
`transmitting
`and
`receiving
`communication with
`said
`remote
`server
`assembly” (claim 1)
`
`
`
`3
`
`
`
`PETITIONER EX. 1014 Page 3
`
`

`
`Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 4 of 8
`
`No.
`
`Term
`
`or
`
`
`Patent
`U.S.
`6,101,534
`Claim
`Phrase
`5. “said local processor
`assembly
`being
`structured
`to access
`said
`primary
`site
`address
`so
`as
`to
`achieve
`said
`data
`transmitting
`and
`receiving
`communication with
`said
`remote
`server
`assembly” (claim 1)
`6. “at least one data
`storage
`assembly
`associated with
`said
`local
`processor
`assembly” (claim 1)
`
`CASE NO.: 01-06-CIV-21359
`
`
`Rothschild’s Original
`Proposed
`Construction
`
`Rothschild’s
`Proposed
`Construction
`
`Citrix’s Proposed
`Construction
`
`
`Internet capable
`An
`Device that can access
`the distinct location on
`the Server and can
`send/receive
`information to/from the
`Server
`
`local processor
`The
`assembly
`can
`communicate with the
`primary site address of
`the
`
`remote
`server
`assembly in a manner
`that
`permits
`the
`transmission
`and
`receipt of data.
`
`processor
`local
`The
`assembly creates
`the
`coupling between it and
`the
`remote
`server
`assembly by
`locating,
`gaining entry to, and
`using
`data
`at
`the
`primary site address.
`
`The Device has at least
`one means of storing
`content and data such
`as
`an
`internal
`or
`external hard drive,
`CD-Rom drive, DVD-
`Rom drive, floppy disc
`drive, flash or memory
`card reader or other
`means of data storage
`(hereafter he “Storage
`Medium
`Storage
`Medium”).
`Content and/or data
`stored on the Device
`within
`a
`Storage
`Medium
`
`local processor
`The
`assembly
`includes at
`least one place
`for
`holding data.
`
`processor
`local
`The
`assembly
`includes at
`least one structure for
`holding data.
`
`Data on a location on
`the
`local
`processor
`assembly.
`
`Data that supplements
`or aids
`the claimed
`primary site data.
`
`7. “auxiliary site data”
`(claim 1)
`
`
`
`4
`
`
`
`PETITIONER EX. 1014 Page 4
`
`

`
`Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 5 of 8
`
`CASE NO.: 01-06-CIV-21359
`
`
`Rothschild’s Original
`Proposed
`Construction
`
`Rothschild’s
`Proposed
`Construction
`
`Citrix’s Proposed
`Construction
`
`
`The content and/or data
`on the Storage Medium
`has a past, present or
`future association with
`the content and/or data
`on the server/website.
`
`Auxiliary site data is
`capable of interacting
`with the primary site
`data.
`
`The auxiliary site data
`concerns
`the
`same
`subject matter as the
`claimed primary site
`data
`and
`provides
`additional
`information
`on that subject matter.
`For example,
`if
`the
`primary
`site
`data
`concerns a particular
`real estate space, the
`associated
`auxiliary
`site data may include
`video images of that
`particular
`real estate
`space.
`A computer readable
`medium that is small,
`can be carried easily,
`and can be mutually
`substituted. Examples
`include a CD-ROM or
`a DVD. In contrast,
`the
`local
`processor
`assembly’s hard drive
`is not “a compact,
`portable
`and
`interchangeable
`computer
`readable
`medium.”
`
`No.
`
`Term
`
`or
`
`
`Patent
`U.S.
`6,101,534
`Claim
`Phrase
`8. “said auxiliary site
`data being associated
`with said primary site
`data” (claim 1)
`
`9. “a compact, portable
`and
`interchangeable
`computer
`readable
`medium” (claim 1)
`
`The “Storage Medium”
`can be
`removed or
`disconnected from the
`Device and used with
`other Devices.
`
`A computer readable
`medium that is small,
`can be carried easily
`and can be swapped.
`
`
`
`5
`
`
`
`PETITIONER EX. 1014 Page 5
`
`

`
`Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 6 of 8
`
`CASE NO.: 01-06-CIV-21359
`
`
`Rothschild’s Original
`Proposed
`Construction
`
`Rothschild’s
`Proposed
`Construction
`
`Citrix’s Proposed
`Construction
`
`
`and/or
`Data
`instructions originating
`from
`the
`remote
`server/website accesses
`a specific location on
`the computer readable
`medium and causes the
`local computer to use
`at least some of the
`data
`stored at
`that
`specific location at the
`direction
`of,
`intermingled with, or
`otherwise with some of
`the data on the remote
`server/website
`The
`Server/Website
`can be
`set up
`to
`associate data/content
`on the Storage Medium
`with a specific Device.
`
`site
`auxiliary
`The
`address is capable of
`being
`remotely
`interacted with by the
`remote server assembly
`so as to cause the use
`of select portions of
`said
`quantity
`of
`auxiliary site data by
`said
`local processor
`assembly
`at
`the
`direction
`of,
`intermingled with, or
`otherwise with some of
`the primary site data.
`
`language
`The claim
`shown here in boldface
`is
`a
`typographical
`error.
`
`server
`remote
`The
`assembly can identify
`where on
`the
`local
`processor assembly the
`compact, portable and
`interchangeable
`computer
`readable
`medium is found.
`The
`remote
`server
`assembly can identify
`where on
`the
`local
`processor assembly the
`compact, portable and
`interchangeable
`computer
`readable
`medium
`is found so
`that it can interact with
`it.
`
`server
`remote
`The
`locate,
`assembly can
`gain entry to, and use
`the remotely accessible
`auxiliary site addresses
`to cause
`the select
`portions of auxiliary
`site
`data
`to
`be
`displayed by the local
`processor assembly in
`combination with the
`primary site data.
`
`limitation
`This
`indefinite.
`
`is
`
`Put together so as to
`identify to the remote
`server assembly
`the
`compact, portable and
`interchangeable
`computer
`readable
`medium’s site address
`within
`the
`local
`processor assembly.
`
`No.
`
`Term
`
`or
`
`
`Patent
`U.S.
`6,101,534
`Claim
`Phrase
`remotely
`10.
`“said
`accessible auxiliary site
`addresses
`being
`to
`structured
`be
`remotely accessed by
`said
`remote
`server
`assembly
`so
`as
`to
`initiate utilization of
`said select portions of
`said
`quantity
`of
`auxiliary site data by
`said
`local processor
`assembly
`in
`conjunction with said
`primary
`site
`data”
`(claim 1)
`“structured
`11.
`internal site to identify
`an internal site address
`of
`said
`compact,
`portable
`and
`inter-
`changeable
`computer
`readable
`medium
`relative to said local
`processor
`assembly”
`(claim 4)
`
`to
`“structured
`12.
`identify an internal site
`address thereof relative
`to said local processor
`assembly,
`thereby
`facilitating
`access
`thereto by said remote
`server
`assembly”
`(claim 6)
`
`the
`Content/Data on
`Storage Medium can be
`configured to identify
`other data on
`the
`computer
`and
`thus
`facilitates access to or
`utilization of the other
`data
`by
`the
`server/website.
`
`
`
`6
`
`
`
`PETITIONER EX. 1014 Page 6
`
`

`
`Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 7 of 8
`
`CASE NO.: 01-06-CIV-21359
`
`
`No.
`
`or
`
`Rothschild’s Original
`Proposed
`Construction
`
`Rothschild’s
`Proposed
`Construction
`
`Citrix’s Proposed
`Construction
`
`
`Term
`
`
`Patent
`U.S.
`6,101,534
`Claim
`Phrase
`13.
`“a
`broadcast
`(claim 13)
`
`full
`
`unconstrained
`An
`transmission.
`
`limitation
`The
`indefinite.
`
`is
`
`band
`signal”
`
`transmitted data
`The
`received by the Device
`and
`stored on
`the
`Storage Medium can
`include
`full
`band
`broadcast signals such
`as TV,
`radio
`and
`broadband signals.
`
`
`C.
`
`
`
`
`
`The anticipated length of time necessary for the Markman Hearing
`
`The parties anticipate that they will require one day for the Markman Hearing.
`
`
`
`Respectfully submitted this 20th day of December, 2006,
`
`
`
`
`s/Rhett Traband, P.A.
`Mark F. Raymond, P.A., (Fla. Bar No. 373397)
`mraymond@broadandcassel.com
`Rhett Traband, P.A. (Fla. Bar No. 002894)
`rtraband@broadandcassel.com
`Thomas J. Rebull, Esq., (Fla. Bar No. 0055697)
`trebull@broadandcassel.com
`BROAD AND CASSEL
`One Biscayne Tower, 21st Floor
`2 South Biscayne Boulevard
`Miami, Florida 33131
`Telephone: (305) 373-9400
`Facsimile: (305) 373-9443
`Attorneys for Plaintiff
`
`
`
`
`
`
`7
`
`
`
`
`/s/ William A. Meunier
`J. Raul Cosio
`Fla. Bar No. 503630
`701 Brickell Avenue
`Miami, FL 33101
`(305) 374-8500
`
`Of counsel:
`Douglas J. Kline
`William A. Meunier
`Robert S. Blasi, Jr.
`GOODWIN PROCTER LLP
`Exchange Place
`53 State Street
`Boston, MA 02109
`(617) 570-1000
`(617) 523-1231 (facsimile)
`
`Attorneys for Citrix Systems, Inc., and
`Citrix Online, LLC
`
`
`
`PETITIONER EX. 1014 Page 7
`
`

`
`Case 1:06-cv-21359-JLK Document 28 Entered on FLSD Docket 12/20/2006 Page 8 of 8
`
`CASE NO.: 01-06-CIV-21359
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on this 19th Day of December, 2006, I electronically
`
`
`
`
`
`filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify
`
`that the foregoing document is being served this day on all counsel of record identified on
`
`the attached Service List in the manner specified, either via transmissions or Notice of
`
`Electronic Filing generated by CM/ECF or in some other authorized manner for those
`
`counsel or parties who are not authorized to receive electronically Notices of Electronic
`
`
`s/Rhett Traband, P.A.
`Rhett Traband, P.A. (Fla. Bar No. 002894)
`rtraband@broadandcassel.com
`Broad and Cassel
`
`SERVICE LIST
`
`Filing.
`
`
`
`Raul Cosio, Esq.
`Holland and Knight
`701 Brickell Avenue, Suite 3000
`Miami, FL 33131
`Attorneys for Defendants
`
`Douglas Kline, Esq.
`Goodwin Procter, LLP,
`53 State Street,
`Boston, MA 02109
`Attorneys for Defendants
`
`
`
`
`
`
`8
`
`
`
`PETITIONER EX. 1014 Page 8