`
`Filed 10/30/06
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`Page
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`of PageD
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`5197
`
`IN THE UNITED STATES DISTRICT COURT
`OF THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`EPICREALM LICENSING LLC
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`AUTOFLEX LEASING INC et al
`
`EPICREALM LICENSING LLC
`
`FRANKLIN COVEY CO et al
`
`No 205CV163
`
`No 205CV356
`
`ORDER ADOPTING REPORT AND RECOMMENDATION
`REGARDING CLAIM CONSTRUCTION
`
`The above-entitled and numbered civil action was heretofore referred to United
`
`States Magistrate Judge Caroline
`
`Craven pursuant
`
`to 28 U.S.C
`
`636 The Report
`
`and Recommendation Regarding Claim Construction of the Magistrate
`
`Judge which
`
`contains her proposed findings of fact and recommendations
`
`for the disposition of such
`
`action has been presented for consideration
`
`Plaintiff
`
`and Defendants both filed
`
`objections to the Report and Recommendation
`
`of
`
`the Magistrate Judge
`
`The Court
`
`conducted
`
`de novo review
`
`The Court having reviewed the relevant briefing finds the parties objections are
`
`without merit
`
`In their briefing the parties address among other
`
`things the word
`
`mechanism as used in the Magistrate Judges discussion of the construction of Web
`
`page
`
`See Report
`
`and Recommendation
`
`at pgs 8-9 As described within the
`
`Petitioner IBM – Ex. 1064, p. 1
`
`
`
`Case 507-cv-00125-DF-CMC Document 260
`
`Filed 10/30/06
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`Page
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`of
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`PagelD
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`5198
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`specification Web page is mechanism through which static and dynamic content may
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`be displayed.emphasis added
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`Web page may include static or dynamic content
`
`However
`
`the Magistrate
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`Judges
`
`construction
`
`of Web page as Web content
`
`displayable through Web browser does not include the word mechanism The Court
`
`adopts the construction of web page as proposed by the Magistrate Judge and with the
`
`exception of the use of the word mechanism the Court also adopts the reasoning of the
`
`Magistrate Judge with respect
`
`to the construction of Web page
`
`The Court is of the opinion that the findings and conclusions of the Magistrate
`
`Judge are correct
`
`Therefore the Court hereby adopts the Report of the United States
`
`Magistrate Judge as the findings and conclusions of this Court
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`IT IS SO ORDERED
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`SIGNED this 30th day of October 2006
`
`DAVID FOLSOM
`UNITED STATES DISTRICT JUDGE
`
`Petitioner IBM – Ex. 1064, p. 2
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