`jcarey@careyrodriguez.com
`Ernesto N. Rubi (pro hac vice)
`erubi@careyrodriguez.com
`Frank S. Hedin (CA SBN 291289)
`fhedin@careyrodriguez.com
`CAREY RODRIGUEZ
`O’KEEFE MILIAN GONYA, LLP
`1395 Brickell Avenue, Suite 700
`Miami, FL 33131
`Telephone: 305-372-7474
`Facsimile: 305-372-7475
`
`Mark Punzalan (CA SBN 247599)
`markp@punzalanlaw.com
`Herbert T. Patty (CA SBN 255502)
`herbertp@punzalanlaw.com
`PUNZALAN LAW, P.C.
`600 Allerton Street, Suite 201
`Redwood City, CA 94063
`Telephone: 650-362-4150
`Facsimile: 650-362-4151
`
`Attorneys for Plaintiff Rothschild Digital Media Innovations, LLC
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`Case No. 5:14-cv-03928-PSG
`
`PLAINTIFF ROTHSCHILD DIGITAL MEDIA
`INNOVATIONS, LLC’S SUPPLEMENTAL
`DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`
`[N.D. Cal. Patent L.R. 3-1 & 3-2]
`
`
`
`
`
`
`
`ROTHSCHILD DIGITAL MEDIA
`INNOVATIONS, LLC,
`
`Plaintiff,
`
`v.
`
`SONY COMPUTER ENTERTAINMENT
`AMERICA LLC,
`
`Defendant.
`
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`PETITIONER EX. 1010 Page 1
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`Pursuant to the Court’s Case Scheduling Order entered on November 19, 2014 (ECF 52),
`
`Plaintiff Rothschild Digital Media Innovations, LLC (“RDMI”) hereby provides its Supplemental
`
`Disclosure of Asserted Claims and Infringement Contentions under Northern District of California
`
`Patent Local Rules 3-1 and 3-2. These supplemental disclosures are subject to the limitations and
`
`definitions described below.
`
`LIMITATIONS
`
`These disclosures and infringement contentions do not constitute a disclosure of any
`
`information that is subject to the attorney-client privilege or attorney work-product doctrine, or that
`
`is otherwise immune from discovery. RDMI bases the following disclosures and infringement
`
`contentions regarding Defendant Sony Computer Entertainment America, LLC’s (“SCEA’s”)
`
`products and methods upon information available to RDMI at this time. Although discovery
`
`regarding the accused products and methods has been requested from SCEA, RDMI has not yet
`
`received any discovery from SCEA, and therefore RDMI reserves the right to supplement or amend
`
`these disclosures and infringement contentions based on additional information obtained in the
`
`future through discovery or other means. Nothing herein shall constitute an admission.
`
`I. Rule 3-1(a) – Asserted Claims
`
`RDMI asserts that SCEA is liable for infringement of:
`
`• Claims 1, 6-9, and 21-24 of U.S. Patent 6,101,534
`
`•
`
`Infringement of each claim is asserted under 35 U.S.C. § 271 (a), (b), (c), and (f)
`
`II. Rule 3-1(b) – Accused Instrumentalities
`
`For each asserted claim, RDMI identifies the following SCEA game consoles as Accused
`
`Instrumentalities:
`
`• PlayStation 3 (all model numbers beginning with “CECH”);
`
`
`
`• PlayStation 4 (all model numbers beginning with “CUH”);
`1
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
`
`
`PETITIONER EX. 1010 Page 2
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`• PlayStation Vita, commonly abbreviated by SCEA as “PS Vita” (all model numbers
`
`beginning with “PCH”);
`
`• PlayStation Portable, commonly abbreviated as “PSP” (all model numbers
`
`beginning with “PSP”).
`
`For each asserted claim, and with respect to PlayStation 3 Game Console, RDMI identifies
`
`the following SCEA online multiplayer video games as Accused Instrumentalities:
`
`• Resistance: Fall of Man
`
`• Untold Legends: Dark Kingdom
`
`• MotorStorm: Pacific Rift
`
`• MotorStorm: Apocalypse
`
`• Ratchet & Clank: All 4 One
`
`• Uncharted 2: Among Thieves
`
`• Uncharted 3: Drake's Deception
`
`• Warhawk
`
`• Tekken 6
`
`• LittleBigPlanet
`
`• LittleBigPlanet 2
`
`• LittleBigPlanet Karting
`
`• Resistance 2
`
`• Resistance 3
`
`• Socom: U.S. Navy Seals Confrontation
`
`• Time Crisis 4
`
`• Demon's Souls
`
`• Ghostbusters
`
`
`2
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
`
`PETITIONER EX. 1010 Page 3
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`• Killzone 3
`
`• Fat Princess
`
`• Time Crisis: Razing Storm
`
`• White Knight Chronicles
`
`• White Knight Chronicles 2
`
`• MLB 11: The Show
`
`• PlayStation Move Heroes
`
`For each asserted claim, and with respect to PlayStation 4 Game Console, RDMI identifies
`
`the following SCEA online multiplayer video games as Accused Instrumentalities:
`
`• Driveclub
`
`• Minecraft
`
`For each asserted claim, and with respect to PlayStation Portable Game Console, RDMI
`
`identifies the following SCEA online multiplayer video games as Accused Instrumentalities:
`
`• Ace Combat X: Skies of Deception
`
`• Patapon
`
`• Resistance: Retribution
`
`• Fat Princess: Fistful of Cake
`
`• ModNation Racers
`
`•
`
`Invizimals: The Lost Tribes
`
`For each asserted claim, and with respect to PlayStation Vita Game Console, RDMI
`
`identifies the following SCEA online multiplayer video games as Accused Instrumentalities:
`
`• LittleBigPlanet PS Vita
`
`• PlayStation All-Stars Battle Royale
`
`• Reality Fighters
`
`
`3
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
`
`PETITIONER EX. 1010 Page 4
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`• Resistance: Burning Skies
`
`• Unit 13
`
`• Wipeout 2048
`
`For each asserted claim, the following SCEA Game Servers are identified as Accused
`
`Instrumentalities:
`
`• PlayStation Network (abbreviated by SCEA as “PSN”)
`
`• PlayStation Plus.
`
`RDMI has served discovery requests upon Defendants to obtain additional information
`
`related to the Accused Instrumentalities that is in SCEA’s possession, custody or control, and
`
`RDMI anticipates it will also serve subpoenas on third parties to obtain additional relevant
`
`information that is in their possession, custody or control. Proper and complete discovery
`
`responses, when provided by SCEA and third parties, will facilitate supplementation of this
`
`submission and a more thorough identification of instrumentalities that are or may be accused of
`
`infringing the asserted claims.
`
`III. Rule 3-1(c) – Claim Charts
`
`Attached as Exhibit “1” to “45” are claim charts that identify where each element of each
`
`asserted claim is found within the Accused Instrumentalities, subject to the completion of
`
`discovery.1 Because SCEA has yet to provide any discovery relating to its accused products and
`
`methods, despite outstanding discovery requests for the same, in order to describe the structure,
`
`operation and functionality of the Accused Instrumentalities at this juncture, claim chart citations
`
`are made to publicly available material as well as RDMI’s internal analysis.
`
`
`1 The attached claim charts contain certain citations and quotations to the specification of the
`patent. Such citations and quotations are not required by Patent Local Rule 3-1, are for
`illustrative purposes only, and are not intended to be exhaustive.
`
`4
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
`
`PETITIONER EX. 1010 Page 5
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`RDMI reserves the right to assert additional and/or modified infringement contentions
`
`depending on further developments in the case such as claim interpretations adopted by this Court
`
`and discovery regarding the accused products.
`
`IV. Rule 3-1(d) – Indirect Infringement
`
`A.
`
`Inducement
`
`For each asserted claim, SCEA is liable under 35 U.S.C. §271(b) because SCEA actively
`
`induces infringement of RDMI’s asserted claims. SCEA takes active steps to cause infringement
`
`with knowledge of U.S. Patent 6,101,534 at least since January 2014. These steps include:
`
`advertising the Accused Instrumentalities in a manner that promotes infringing use; selling the
`
`Accused Instrumentalities for later infringing use; advising and providing instructions on how to
`
`use Accused Instrumentalities for infringing online multiplayer game play, through the use of video
`
`games sold both by SCEA and by third parties; and operating and maintaining SCEA game servers
`
`for infringing use by video-game end-users in conjunction with other Accused Instrumentalities,
`
`including SCEA game consoles and online multiplayer video games (whether sold by SCEA or by
`
`third parties).
`
`Evidence that SCEA advertises the Accused Instrumentalities is attached as Composite
`
`Exhibit “A.” Evidence that SCEA offers for sale and sells the Accused Instrumentalities is
`
`attached as Composite Exhibit “B.” Evidence that SCEA provides instructions on how to use
`
`SCEA game consoles and online multiplayer video games in conjunction with SCEA game servers
`
`is attached as Composite Exhibit “C.” Evidence that SCEA operates and maintains game servers
`
`for use by end-users with game consoles and online multiplayer video games (whether these video
`
`games are sold by SCEA or by third parties) is attached as Composite Exhibit “D.”
`
`The Accused Instrumentalities are also especially designed to be used in conjunction with
`
`other devices that may not be provided by SCEA. Such devices or systems include (a) online
`
`
`5
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
`
`PETITIONER EX. 1010 Page 6
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`multiplayer video games, (b) video gaming consoles, (c) gaming peripherals and (d) networked
`
`computer servers enabling online multiplayer gaming interaction and compatible with PlayStation
`
`gaming consoles PS3, PS4, PSP and PS Vita. The Accused Instrumentalities are especially
`
`designed to be used in conjunction with these devices in a manner that infringes the asserted claims
`
`of U.S. Patent No. 6,101,534. To the extent SCEA does not provide these devices, SCEA takes
`
`active steps to cause infringement, including advising its customers to integrate such devices with
`
`the Accused Instrumentalities, advertising the use of the Accused Instrumentalities in conjunction
`
`with such devices, and distributing instructions that guide its customers in integrating such devices
`
`with the Accused Instrumentalities. These active steps are evident from a review of Composite
`
`Exhibits “A” to “D.”
`
`B.
`
`Contributory Infringement
`
`For each of the asserted claims found in U.S. Patent No. 6,101,534, RDMI contends that
`
`SCEA is liable for contributory infringement under 35 U.S.C. §271(c) because SCEA offers to sell
`
`or sells within the United States or imports into the United States a component that constitutes a
`
`material part of the inventions defined in the asserted claims, knowing that such components are
`
`especially made or adapted for use in direct infringement of U.S. Patent No. 6,101,534.
`
`Specifically, SCEA game servers in the form of PlayStation Plus and PlayStation Network
`
`are a material part of each asserted claim and are not staple articles or commodities of commerce
`
`suitable for substantial non-infringing use. By operating SCEA game servers for use by end-users,
`
`knowing, at least since January 2014, the same to be especially made or especially adapted for use
`
`by end users in said direct infringement of each asserted claim, SCEA has committed acts of
`
`contributory infringement in violation of 35 U.S.C. § 271(c).
`
`
`
`
`6
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
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`PETITIONER EX. 1010 Page 7
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`C.
`
`Infringement Under § 271(f)
`
`SCEA is liable as an infringer under 35 U.S.C. § 271(f)(1) of each asserted claim by
`
`supplying or causing to be supplied in or from the United States a substantial portion of the
`
`components of the patented invention, including without limitation SCEA online multiplayer video
`
`games and SCEA game servers, so as to, at least since January 2014, intentionally and with
`
`knowledge of the patent, actively induce the combination of such components outside of the United
`
`States in a manner that would infringe the patent if such combination occurred within the United
`
`States.
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`SCEA is liable as an infringer under 35 U.S.C. § 271(f)(2) of each asserted claim by
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`supplying or causing to be supplied in or from the United States a component of the patented
`
`invention that is especially made or especially adapted for use in the invention and not a staple
`
`article or commodity of commerce suitable for substantial non-infringing use, including without
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`limitation SCEA game servers, and at least since January 2014 knowing that such component is so
`
`made or adapted and intending that such component will be combined outside of the United States
`
`in a manner that would infringe the patent if such combination occurred within the United States.
`
`V. Rule 3-1(e) – Nature of Infringement
`
`RDMI asserts that each element or limitation of each asserted claim is literally present in
`
`the Accused Instrumentalities. However, at this early stage of the case, SCEA has yet to provide
`
`any discovery relating to its accused products and methods, despite outstanding discovery requests
`
`for the same, and an order on claim construction has not yet been issued. Accordingly, as future
`
`developments in the course of discovery and claim construction may warrant, RDMI reserves the
`
`right to seek leave to amend these contentions to assert that any such elements or limitations are
`
`present under the doctrine of equivalents in the Accused Instrumentalities.
`
`
`
`
`7
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
`
`PETITIONER EX. 1010 Page 8
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`VI. Rule 3-1(f) – Priority Claim
`
`U.S. Patent 6,101,534 does not claim priority to an earlier application.
`
`VII. Rule 3-1(g) – Patentee’s Asserted Practice of the Claimed Inventions
`
`Not applicable.
`
`VIII. Rule 3-1(h) – Willful Infringement
`
`SCEA has willfully infringed U.S. Patent 6,101,534. From at least as early as January
`
`2014, SCEA has had actual knowledge of the patents and of RDMI’s claim of infringement.
`
`Notwithstanding such knowledge, SCEA has continued its infringement unabated. At a minimum,
`
`SCEA acted recklessly. SCEA was aware of a high probability that their actions infringed RDMI’s
`
`patent rights, and knew or should have known that their actions carried an unjustifiably high risk of
`
`patent infringement. Through its efforts to license U.S. Patent 6,101,534, RDMI made SCEA
`
`aware of the features of the invention and SCEA’s use of the same. SCEA, however, consistently
`
`resisted and refused to take a license. In the face of this actual knowledge of RDMI’s patent rights,
`
`SCEA proceeded to make and sell products that practice the invention, including but not limited to
`
`Game Servers, Game Consoles and Online Multiplayer Video Games. By practicing RDMI’s
`
`patented invention without a license and while aware of RDMI’s patent rights, SCEA willfully
`
`infringed the patent.
`
`IX. Rule 3-2(a) – Documents Evidencing Pre-Application Disclosure
`
`None.
`
`X. Rule 3-2(b) – Documents Evidencing Conception and Reduction to Practice
`
`See attached Exhibit “E.”
`
`XI. Rule 3-2(c) – File History for U.S. Patent No. 6,101,534
`
`A copy of the file history for U.S. Patent 6,101,534 is produced herewith at RDMI00001 –
`
`00940.
`
`
`8
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
`
`PETITIONER EX. 1010 Page 9
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`XII. Rule 3-2(d) – Ownership by RDMI of U.S. Patent No. 6,101,534
`
`Copies of documents evidencing ownership of U.S. Patent No. 6,101,534 are produced
`
`herewith at RDMI00941 – RDMI00942.
`
`XIII. Rule 3-2(e) – Patentee’s Practice of the Claimed Inventions
`
`Not applicable.
`
`Dated: February 9, 2014
`
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`Respectfully submitted,
`
`
`
`
`
`/s/ Ernesto M. Rubi
`John C. Carey
`Ernesto M. Rubi
`Frank S. Hedin
`CAREY RODRIGUEZ
`O’KEEFE MILIAN GONYA, LLP
`
`Mark Punzalan
`Herbert T. Patty
`PUNZALAN LAW, P.C.
`
`
`
`
`
`
`
`
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`
`9
`RDMI’s Supplemental Disclosure of Asserted Claims and Infringement Contentions
`Case No. 5:14-cv-03928-PSG
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`PETITIONER EX. 1010 Page 10
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`
`
`SCEA’s
`Direct Infringement of
`US Pat. No. 6,101,534 To Rothschild
`
`Accused Instrumentality:
`Uncharted 3: Drake's Decep2on
`
`Independent Claim 1
`
`PETITIONER EX. 1010 Page 11
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Claim Element
`
`SpecificaJon
`
`Accused Product
`
`SCEA combines three separate physical components to create the system:
`(a) SCEA’s PlayStaJon 3;
`(b) SCEA’s PlayStaJon servers (PlayStaJon Plus and/or PlayStaJon
`Network);
`(c) The PlayStaJon 3 game Jtled “Uncharted 3: Drake's Decep2on.”
`
`These three individual parts are all made, used, offered for sale and sold
`by SCEA in the United States. Uncharted 3: Drake's Decep2on is published
`by SCEA. The PlayStaJon 3 and its component parts are either made or
`sold by SCEA. The PlayStaJon Network and PlayStaJon Plus remote
`server infrastructure is operated by SCEA and subscripJons are sold by
`SCEA.
`
`When using SCEA’s PlayStaJon 3 system in an online mulJplayer gaming
`environment, the PlayStaJon remote servers enable users to interact with
`other (remote) players, thereby enabling the desired game sePng within
`Uncharted 3: Drake's Decep2on.
`
`
`
`Col. 6 ll. 20-‐34
`
`
`
`"Preferably, the interface system of
`the present invenJon includes a
`remote server assembly . . . . The
`local processor assembly and the
`remote server are connected in
`data transmiPng and and receiving
`communicaJon with one another,
`such as through a typical on-‐line
`connecJon.”
`
`
`
`
`
`An interacJve,
`remote,
`computer
`interface system
`comprising:
`
`
`
`PETITIONER EX. 1010 Page 12
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Claim Element
`
`SpecificaJon
`
`Accused Product
`
`The “remote server assembly” element describes either the
`PlayStaJon Network or the PlayStaJon Plus Network, which
`facilitate online mulJplayer game play and which contain
`“primary site data.” SCEA maintains data regarding the remote
`server assembly availability, for example:
`
`Col. 12 ll. 46-‐51
`
`
`
`“the interacJve, remote computer
`interface system 11 includes a remote
`server assembly 50, such as a large
`mainframe computer or other typical
`remote server assembly type
`configuraJon including one or more
`computer processors.”
`
`
`
`a remote server
`assembly,
`
`
`
`See
`h6ps://support.us.playsta2on.com/app/answers/detail/a_id/
`237
`
`
`
`PETITIONER EX. 1010 Page 13
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Claim Element
`
`SpecificaJon
`
`Accused Product
`
`“Remote Server Assembly” refers to SCEA’s PlayStaJon Network
`and PlayStaJon Plus Network. The term “primary site data”
`means data stored at either the PlayStaJon network and/or the
`PlayStaJon Plus Network consisJng of:
` User profile data in the form of user game preference(s),
`username, profile picture, language(s), password(s), purchase
`history, locaJon informaJon, IP address informaJon, trophy
`informaJon, game licenses, parental control restricJons, and
`recent acJvity;
`• Game patches, system so_ware updates
`• Stateful game data (i.e., the locaJon and movements of the
`players in an online mulJplayer game);
`• Saved game data and screenshots;
`• Game matchmaking data, including host IP address, latency,
`region, and language; and
`• Purchase history, discounts and subscripJon informaJon.
`
` •
`
`Col. 12 ll. 53-‐55
`
`“primary site data substanJally
`includes operaJng instrucJons and
`informaJon which is to be accessed by
`an on-‐line connecJon…”
`
`
`
`said remote server
`assembly including
`a quanJty of
`primary site data;
`
`
`PETITIONER EX. 1010 Page 14
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Accused Product
`The term “remote server assembly” refers to the PlayStaJon
`Network and/or the PlayStaJon Plus Network. The term “primary
`site address” is either:
`• A URL for a PlayStaJon Network server; or
`• A URL for a PlayStaJon Plus Network server; or
`• An IP address for a PlayStaJon Network server; or
`• An IP address for a PlayStaJon Plus Network server.
`
`The remote server assembly “includes” at least one primary site
`address because the primary site addresses are configured on the
`remote server assembly.
`
`The primary site address includes at least a porJon of said primary
`site data because the primary site address is the pointer or reference
`to the remote server assembly compuJng resources which stores the
`primary site data.
`
`The URL and/or IP address are disJnct so as to idenJfy a locaJon on
`a computer network because they are not repeated within the
`computer network which connects the PlayStaJon Network and/or
`the PlayStaJon Plus Network to the PlayStaJon 3.
`
`SpecificaJon
`
`
`
`Col. 14 ll. 11-‐15
`
`
`
`“a user at the local
`processor assembly is
`able to access a primary
`site address or ‘website’
`uJlizing normal means so
`as to interact with the
`data at the primary site
`address…”
`
`
`
`Claim Element
`said remote server assembly including
`at least one primary site address, said
`primary site address including at least
`a porJon of said primary site data and
`being disJnct so as to idenJfy a
`locaJon thereof on a computer
`network;
`
`
`
`PETITIONER EX. 1010 Page 15
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Accused Product
`(User Side)
`All SCEA PlayStaJon 3 United States retail
`models beginning with the model number
`“CECH.” These can be generally understood to
`mean PS3, PS3 “Slim” and PS3 “SuperSlim” retail
`models.
`
`Claim Element
`
`SpecificaJon
`
`Col. 12 ll. 65-‐67
`
`
`
`a local processor
`
`assembly;
`
`
`
`“the interface system includes a local processor
`assembly 25', such as the processor assembly of
`the display system 10, previously described.”
`
`
`
`“The system of the present invenJon further
`includes a processor assembly, the processor
`assembly including preferably both an overlay
`processor and a direct view processor as a part
`thereof.”
`
`PETITIONER EX. 1010 Page 16
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Accused Product
`
`The PlayStaJon 3 console is in
`communicaJon with SCEA’s
`PlayStaJon Network servers via its
`wired or wireless network connecJon
`
`
`
`
`
`See:
`hfps://support.us.playstaJon.com/
`app/answers/detail/a_id/280
`(troubleshooJng PlayStaJon 3 wireless
`network connecJon)
`
`Claim Element
`
`SpecificaJon
`
`
`Col. 12 ln. 65 -‐ Col. 13 ln. 10
`
`
`
`“a local processor assembly 25', such as the processor assembly
`of the display system 10, previously described. The local
`processor assembly 25' is coupled, preferably through a
`convenJonal on-‐line type connecJon, iii data transmiPng and
`receiving communicaJon with the remote server assembly 50.
`Along these lines, that coupled, data transmiPng and receiving
`communicaJon can take on any of a number of configuraJons
`such as a convenJonal telephone line, a dedicated data line, a
`broadband transmission line, a fiber-‐opJc line, an airwave
`transmission or any other known or contemplated assembly to
`provide for data transmiPng and receiving communicaJon
`between two remote sites.”
`
`
`
`
`said local processor
`assembly being coupled
`in data transmiPng and
`receiving
`communicaJon with
`said remote server
`assembly;
`
`
`PETITIONER EX. 1010 Page 17
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Claim Element
`
`SpecificaJon
`
`Accused Product
`(User Side)
`
`
`
`
`
`The PlayStaJon 3 console is Internet-‐enabled via wired or
`wireless Ethernet connecJons for two-‐way communicaJon with
`PlayStaJon Network remote servers.
`
`said local processor assembly
`being structured to access said
`primary site address so as to
`achieve said data transmiPng
`and receiving communicaJon
`with said remote server
`assembly;
`
`
`Col. 13 ll. 10-‐13
`
`“As such, the local processor
`assembly 25' is structured to
`access the primary site
`address and thereby achieve
`the data transmiPng and
`receiving communicaJon
`with the remote server
`assembly 50…”
`
`
`PETITIONER EX. 1010 Page 18
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Claim Element
`
`SpecificaJon
`
`Accused Product
`
`
`
`In an PlayStaJon 3 console the “data storage
`assembly” is embodied in the PS3’s DVD-‐ROM drive.
`SCEA’s Uncharted 3: Drake's Decep2on game disc
`includes game so_ware.
`
`The “auxiliary site data” limitaJon refers to game
`so_ware data residing in the Uncharted 3: Drake's
`Decep2on game discs. The data structure of the
`ˆUncharted 3: Drake's DecepJon” game disc, share
`across the mulJple accused game discs is described in
`detail by:
`hfp://www.psdevwiki.com/ps3/PARAM.SFO#Blu-‐
`Ray_disc_structure_details:
`
`Auxiliary site data on the Uncharted 3: Drake's
`Decep2on game discs are associated with the content
`on PlayStaJon Network servers (i.e., primary site data)
`to form the mulJplayer game itself.
`
`
`
`
`Col. 13 ll. 21-‐29
`
`“in the preferred embodiment and
`potenJally in addiJon to the computer hard-‐
`drive associated with the local processor
`assembly 25’, the data storage assembly will
`include a compact portable and
`interchangeable computer readable medium
`and its associated external or internal
`drive…”
`
`
`at least one data storage
`assembly associated with said
`local processor assembly and
`structured to contain a quanJty
`of auxiliary site data thereon,
`said auxiliary site data being
`associated with said primary
`
`site data;
`
`
`
`PETITIONER EX. 1010 Page 19
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Claim Element
`
`SpecificaJon
`
`Accused Product
`
`The compact, portable and interchangeable computer
`readable medium refers to the game disc for Uncharted 3:
`Drake's Decep2on.
`
`
`
`Col. 13 ll. 26-‐27
`
`“data storage assembly will include a
`compact, portable and interchangeable
`computer readable medium 36…”
`
`Col. 13 ll. 30-‐33
`
`“The compact, portable and interchangeable
`computer readable medium 36 may be a
`computer disk or any other known computer
`readable medium, and preferably will
`include a CD-‐ROM or DVD medium.”
`
`
`
`said data storage
`assembly including a
`compact, portable and
`interchangeable
`computer readable
`medium;
`
`
`PETITIONER EX. 1010 Page 20
`
`
`
`Interactive, Remote, Computer Interface System
`Claim Construction – US Patent No. 6,101,534 – Claim 1
`
`Claim Element
`
`SpecificaJon
`
`Accused Product
`
`The Uncharted 3: Drake's Decep2on game disc
`contains a plurality of real memory as well as
`logical memory addresses. These memory
`addresses (whether logical or real) are the
`“auxiliary site addresses.” Game data is contained
`in the memory locaJ