Proposed Terms and Constructions
`"°‘°““""“" ”‘°”°‘“‘°°““"“°“°'“
`
`“coded number”
`
`All
`
`claims.
`
`“a designated, unique
`sequence of
`characters”
`
`“a sequence of characters designated by a central authority to ensure
`uniqueness (i.e., to avoid duplication between communication devices), and
`that is stored on the programmable communicator before it receives the
`transmission being authenticated”
`
`“at least one of the
`
`transmissions including
`the at least one telephone
`number or IP address and
`
`the coded number”
`
`Claim 1
`
`and its
`
`dependent
`claims.
`
`Claim 29
`
`and its
`
`dependent
`claim.
`
`“[the one or more
`wireless transmissions
`
`from the programming
`transmitter comprises] a
`General Packet Radio
`
`Service (GPRS) or other
`wireless packet switched
`data message”
`“[the one or more
`wireless transmissions
`
`from the programming
`transmitter containing
`instructions to program
`the stored number
`
`comprise] one or more
`
`“a single wireless transmission that includes both the coded number and the
`telephone number or IP address”
`
`If the claim language is construed to cover the coded number in a first
`transmission and the telephone number or IP address in a second, different
`transmission, the claims are invalid under section 112 1| 1 for lack of written
`description.
`
`In the alternative: Indefinite.
`
`“one General Packet Radio Service (GPRS) or wireless packet switched
`data message, i.e., data packet”
`
`To the extent M2M contends that one transmission means something
`different (e.g._, a string of multiple data messages lasting a user session), the
`claims are invalid under section 112 1[ 1 for lack of written description.
`
`“one SMS data message”
`
`To the extent M2M contends that one transmission means a string of
`multiple SMS messages lasting a user session, the claims are invalid under
`section 112 1[ 1 for lack of written description.
`
`Page 1 of 11
`
`NOVATEL EXHIBIT 1024
`
`
`"°‘°““""“" ”‘°”°‘“‘°°““"“°“°'“
`
`“coded number”
`
`All
`
`claims.
`
`“a designated, unique
`sequence of
`characters”
`
`“a sequence of characters designated by a central authority to ensure
`uniqueness (i.e., to avoid duplication between communication devices), and
`that is stored on the programmable communicator before it receives the
`transmission being authenticated”
`
`“at least one of the
`
`transmissions including
`the at least one telephone
`number or IP address and
`
`the coded number”
`
`Claim 1
`
`and its
`
`dependent
`claims.
`
`Claim 29
`
`and its
`
`dependent
`claim.
`
`“[the one or more
`wireless transmissions
`
`from the programming
`transmitter comprises] a
`General Packet Radio
`
`Service (GPRS) or other
`wireless packet switched
`data message”
`“[the one or more
`wireless transmissions
`
`from the programming
`transmitter containing
`instructions to program
`the stored number
`
`comprise] one or more
`
`“a single wireless transmission that includes both the coded number and the
`telephone number or IP address”
`
`If the claim language is construed to cover the coded number in a first
`transmission and the telephone number or IP address in a second, different
`transmission, the claims are invalid under section 112 1| 1 for lack of written
`description.
`
`In the alternative: Indefinite.
`
`“one General Packet Radio Service (GPRS) or wireless packet switched
`data message, i.e., data packet”
`
`To the extent M2M contends that one transmission means something
`different (e.g._, a string of multiple data messages lasting a user session), the
`claims are invalid under section 112 1[ 1 for lack of written description.
`
`“one SMS data message”
`
`To the extent M2M contends that one transmission means a string of
`multiple SMS messages lasting a user session, the claims are invalid under
`section 112 1[ 1 for lack of written description.
`
`Page 1 of 11
`
`NOVATEL EXHIBIT 1024
`
`
`
`All
`claims.
`
`None.
`
`“the exclusive set of numbers to which the programmable communicator is
`limited to send any outgoing wireless transmissions”
`
`short message service
`(SMS) data messages”
`“numbers to which the
`programmable
`communicator device is
`configured to and
`permitted to send
`outgoing wireless
`transmissions”
`“programmable
`interface”
`
`All
`claims.
`
`“an interface that is
`able to be directly
`programmed”
`
`programmable:
`capableofaccepting
`instructionsfor
`performingataskor
`anoperation
`
`“components or units
`of a
`computer program”
`
`Means plus function limitation under 35 U.S.C. §112 ¶6.
`
`Function: “establishing a communication link with at least one monitored
`technical device”
`
`Structure: No corresponding structure. The limitation is indefinite under 35
`U.S.C. §112 ¶2.
`
`In the alternative: “an interface that is able to be directly programmed, i.e.,
`accept programming instructions for performing a task or an operation
`independently of the processing module”
`Means plus function limitation under 35 U.S.C. §112 ¶6.
`
`Function: “authenticating one or more wireless transmissions sent from a
`programming transmitter and received by the programmable communicator
`device by determining if at least one transmission contains a coded number”
`
`Structure: No corresponding structure. The limitation is indefinite under 35
`U.S.C. §112 ¶2.
`
`Dependent claims use “processing module”for other functions and are
`indefinite for similar reasons.
`
`“the processing module” All
`claims.
`
`“a memory to store at
`
`All
`
`None.
`
`“a memory location distinct from the identity module to store at least one
`
`Page 2 of 11
`
`
`
`least one telephone
`number or IP address”
`“identity module”
`
`claims.
`
`All
`claims.
`
`telephone number or IP address.”
`
`None.
`
`Means plus function limitation under 35 U.S.C. §112 ¶6.
`
`Function: “storing a unique identifier that is unique to the programmable
`communicator device.”
`
`Structure: A SIM Card.
`
`“relay data from the monitored technical device in response to a request for
`information from a remote device”
`
`To the extent M2M contends that processing in response to an incoming
`data message means something other than relaying, the claim is invalid
`under section 112 ¶1 for lack of written description.
`
`“relay data from the monitored technical device in response to a request for
`information from a remote device”
`
`To the extent M2M contends that processing in response to an incoming
`data message means something other than relaying, the claim is invalid
`under section 112 ¶1 for lack of written description.
`
`None.
`
`Claim 1
`and its
`dependent
`claims.
`
`None.
`
`Claim 29
`and its
`dependent
`claim.
`
`“process data received
`through the
`programmable interface
`from the at least one
`monitored technical
`device in response to
`programming
`instructions received in
`an incoming wireless
`packet switched data
`message”
`“process data received
`through the
`programmable interface
`from the at least one
`monitored technical
`device in response to
`programming
`instructions received in
`an at least one incoming
`shore message service
`(SMS) data message or
`packet switched data
`message”
`
`Page 3 of 11
`
`
`
`“programmable
`communicator device
`configured to use a
`memory to store at least
`one telephone number or
`IP address included
`within at least one of the
`transmissions as one or
`more stored telephone
`numbers or IP addresses
`if the processing module
`authenticates the at least
`one of the transmissions
`including the at least one
`telephone number of IP
`address and the coded
`number by determining
`that the at least one of the
`transmissions includes
`the coded number, the
`one or more stored
`telephone numbers or IP
`addresses being numbers
`to which the
`programmable
`communicator device is
`configured to and
`permitted to send
`outgoing wireless
`transmissions”
`
`“programmable
`communicator device
`configured to use an
`
`All
`claims.
`
`None.
`
`Means plus function limitation under 35 U.S.C. §112 ¶6.
`
`Function: “use a memory to store at least one telephone number or IP
`address included within at least one of the transmissions as one or more
`stored telephone numbers or IP addresses if the processing module
`authenticates the at least one of the transmissions including the at least one
`telephone number of IP address and the coded number by determining that
`the at least one of the transmissions includes the coded number, the one or
`more stored telephone numbers or IP addresses being numbers to which the
`programmable communicator device is configured to and permitted to send
`outgoing wireless transmissions”
`
`Additional function: “use an identity module for storing an identity module
`for storing a unique identifier that is unique to the programmable
`communicator device”
`
`Page 4 of 11
`
`
`
`Further additional function: “process data received through the
`programmable interface from the at least one monitored technical device in
`response to programming instructions received in an incoming wireless
`packet switched data message”
`
`Further additional function: “process data received through the
`programmable interface from the at least one monitored technical device in
`response to programming instructions received in an at least one incoming
`shore message service (SMS) data message or packet switched data
`message”
`
`identity module for
`storing an identity
`module for storing a
`unique identifier that is
`unique to the
`programmable
`communicator device”
`
`“programmable
`communicator device
`configured to process
`data received through the
`programmable interface
`from the at least one
`monitored technical
`device in response to
`programming
`instructions received in
`an incoming wireless
`packet switched data
`message”
`
`“programmable
`communicator device
`configured to process
`data received through the
`programmable interface
`from the at least one
`monitored technical
`device in response to
`programming
`instructions received in
`an at least one incoming
`shore message service
`
`Page 5 of 11
`
`
`
`Structure: No corresponding structure. The limitation is indefinite under 35
`U.S.C. §112 ¶2.
`
`Dependent claims use “programmable communicator device”for other
`functions and are indefinite for similar reasons.
`
`In the alternative: indefinite because it mixes statutory classes of invention.
`Indefinite.
`
`None.
`
`Claim 1
`and its
`dependent
`claims.
`
`None.
`
`Indefinite.
`
`Claim 29
`and its
`dependent
`claim.
`
`(SMS) data message or
`packet switched data
`message”
`
`“wireless packet
`switched data messages”
`“one or more wireless
`transmissions”
`“at least one of the
`transmissions”
`“other wireless packet
`switched data message”
`“incoming wireless
`packet switched data
`message”
`“wireless packet
`switched data messages”
`“one or more wireless
`transmissions”
`“at least one
`transmission”
`“at least one of the
`transmissions”
`“at least one incoming
`shore message service
`(SMS) data message or
`
`Page 6 of 11
`
`
`
`packet switched data
`message”
`“location processing
`module”
`
`Claim 16
`and its
`dependent
`claim.
`
`Means plus function limitation under 35 U.S.C. §112 ¶6.
`
`Function: “determine an at least one location of the programmable
`communicator device, and wherein the programmable communicator device
`is configured to respond to an at least one transmission initiated by an at
`least one monitoring device requesting that said location data be sent to the
`monitoring device in response to programming instructions received in an
`incoming wireless packet switched data message.”
`
`Structure: No corresponding structure. The limitation is indefinite under 35
`U.S.C. §112 ¶2.
`
`In the alternative: Structure: Global Positioning System (GPS) signal
`processing circuitry.
`
`Page 7 of 11
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 14-1101-RGA
`
`
`
`C.A. No. 14-1102-RGA
`
`
`
`C.A. No. 14-1103-RGA
`
`
`
`
`
`
`
`
`
`M2M SOLUTIONS LLC,
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`ENFORA, INC., NOVATEL WIRELESS
`SOLUTIONS, INC., and
`NOVATEL WIRELESS, INC,
`
`
`
`Defendants.
`
`
`
`
`
`M2M SOLUTIONS LLC,
`
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`SIERRA WIRELESS AMERICA, INC., and
`SIERRA WIRELESS, INC.,
`
`
`
`Defendants.
`
`
`
`M2M SOLUTIONS LLC,
`
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`TELIT COMMUNICATIONS PLC, and
`TELIT WIRELESS SOLUTIONS INC.,
`
`
`
`Defendants.
`
`
`
`
`
`Page 8 of 11
`
`
`
`PLAINTIFF M2M SOLUTIONS LLC’S
`INITIAL LIST OF PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to paragraphs 6 of the Court’s Joint Scheduling Order, Plaintiff M2M
`
`Solutions LLC (“M2M Solutions”) hereby serves the Defendants with the list set forth
`
`below that identifies those claim terms that M2M Solutions presently believes will
`
`require construction by the Court, and that provides M2M Solutions’ proposed
`
`constructions of the same. M2M Solutions reserves the right to amend or supplement this
`
`list for any reason, including as permitted by any agreement between the parties
`
`(including any agreement between the parties on joint definitions for terms in the claims),
`
`the Court, or the Federal Rules of Civil Procedure. M2M Solutions further reserves the
`
`right to propose additional terms or to withdraw any term for construction. Where no
`
`claim construction is provided, the term should be given the construction the Court has
`
`given in the related actions the related actions C.A. No. 12-030-RGA; C.A. No. 12-031-
`
`RGA; C.A. No. 12-032-RGA and C.A. No. 12-033-RGA or the plain meaning to one of
`
`ordinary skill in the art.
`
`In addition, at this time M2M Solutions is unaware of which claim terms the
`
`Defendants intend to identify as requiring construction by the Court, and of what issues
`
`will be raised by the Defendants’ proposed constructions thereof. Accordingly, until after
`
`it has had the opportunity to review the Defendants’ positions regarding claim
`
`construction, M2M Solutions expressly reserves its future rights to: (i) amend, change,
`
`modify, or supplement any of the proposed claim constructions set forth below; (ii)
`
`identify additional claim terms as requiring construction by the Court; and/or (iii) provide
`
`additional proposed claim constructions responsive to any claim constructions advanced
`
`
`
`2
`
`Page 9 of 11
`
`
`
`by the Defendants. Moreover, to the extent that the Defendants undertake to revise any
`
`of their current claim construction positions at some filture stage of the case, M2M
`
`Solutions expressly reserves its rights to do similarly.
`
`M2M Solutions’ Proposed Claim Construction
`
`and ordinary meaning.
`
`At this time, M2M Solutions has not identified any claim terms where a construction is
`needed beyond the construction given in the related actions C.A. No. 12-030-RGA; C.A.
`No. 12-031-RGA; C.A. No. 12-032-RGA and C.A. No. 12-033-RGA and the tenn’s plain
`
`Page 10 of 11
`
`
`
`FOLEY & LARDNER LLP
`
`
`
`
`
` /s/ Jason J. Keener
`Marc N. Henschke
`111 Huntington Avenue, Suite 2600
`Boston, MA 02199
`(617) 342-4000
`mhenschke@foley.com
`
`Jeffrey N. Costakos
`777 E Wisconsin Avenue
`Milwaukee, WI 53202
`(414) 271-2400
`jcostakos@foley.com
`kjelenchick@foley.com
`
`Jason J. Keener
`321 North Clark Street
`Chicago, IL 60654
`(312) 832-4500
`jkeener@foley.com
`
`Attorneys for Plaintiff,
`M2M SOLUTIONS LLC
`
`
`
`Dated: July 1, 2015
`
`
`
`BAYARD, P.A.
`
`Richard D. Kirk (#0922)
`Stephen B. Brauerman (#4952)
`222 Delaware Avenue, Suite 900
`Wilmington, DE 19801
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`
`
`
`
`
`
`4
`
`Page 11 of 11
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