Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 1 of 28 PageID #: 9390
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`PERSONALIZED MEDIA
`)
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`COMMUNICATIONS, LLC,
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`Plaintiff
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`)
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`v.
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`APPLE, INC.,
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`___________________________________ )
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`)
`TPV INT’L (USA), INC.,
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` ET. AL.,
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`Defendants.
`)
`
`
`Civil Action No. 2:15-cv-01366-JRG-RSP
`(Lead Case)
`
`Civil Action No. 2:15-cv-01206-JRG-RSP
`(Consolidated Case)
`
`P.R. 4-5(d) JOINT CLAIM CONSTRUCTION CHART
`
`Pursuant to the Court’s Docket Control Orders and Patent Local Rule 4-5(d), Plaintiff
`
`Personalized Media Communications, L.L.C. (“PMC”) hereby submits the parties’ Joint Claim
`
`Construction Chart.
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`
`
`
`
`PMC Exhibit 2018
`Apple v. PMC
`IPR2016-00754
`Page 1
`
`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 7 of 28 PageID #: 9396
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`II.
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`U.S. Patent No. 8,559,635
`
`Disputed Term or Phrase
`programming
`
`Claim Element
`1. A method for controlling the
`decryption of encrypted
`programming at a subscriber
`station, said method comprising
`the steps of:
`
`
`PMC’s Proposed Construction Apple’s Proposed Construction
`everything that is transmitted
`as to the ’635 patent:
`electronically to entertain,
`
`instruct, or inform, including
`everything transmitted over
`television, radio, broadcast, print,
`television or radio intended for
`and computer programming as
`communication of entertainment
`well as combined medium
`or to instruct or inform
`programming
`
`
`
`Court’s Construction
`
`[AGREED]
`
`[AGREED]
`
`needs no construction
`
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`demodulating and identifying …
`[said control signal]
`
`
`
`[AGREED]
`
`[AGREED]
`
`a device or circuitry that
`performs decryption
`
`control signal
`
`(see also ’635 patent, claims 2, 3,
`32; ’649 patent, claim 54).
`detecting ... [said control
`signal]
`
`
`
`decryptor
`
`(see also ’635 patent, claims 2,
`18, 21, 32, 33)
`
`detecting … [said first
`encrypted digital control signal
`portion of said programming]
`
`
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`demodulating and identifying …
`[said first encrypted digital
`control signal portion of said
`programming]
`
`
`
`receiving encrypted digital
`programming, said encrypted
`digital programming having an
`encrypted digital control signal;
`detecting said control signal;
`
`
`passing said control signal to a
`decryptor that decrypts
`encrypted digital data at said
`subscriber station;
`
`decrypting said control signal;
`
`decrypting said encrypted digital
`programming to form decrypted
`programming based on said
`control signal; and
`
`presenting said decrypted
`programming to a viewer or
`listener.
`2. A method for controlling the
`decryption of programming at a
`subscriber station, said method
`comprising the steps of:
`
`receiving programming, said
`
`PMC Exhibit 2018
`Apple v. PMC
`IPR2016-00754
`Page 2
`
`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 10 of 28 PageID #: 9399
`
`Claim Element
`signals at a receiver station
`comprising the steps of:
`
`receiving at least one information
`transmission;
`
`detecting a plurality of signals
`in said at least one information
`transmission;
`
`changing a decryption technique
`in response to at least a first of
`said plurality of signals;
`
`decrypting a second of said
`plurality of signals on the basis
`of said changed decryption
`technique, wherein said
`decrypted second of said
`plurality of signals is embedded
`with executable instructions;
`passing said decrypted second of
`said plurality of signals to a
`controllable device;
`and
`
`controlling said controllable
`device on the basis of said
`embedded executable
`instructions of said passed
`decrypted second of said
`plurality of signals.
`18. A method of processing
`signals at a receiver station
`comprising the steps of:
`
`
`Disputed Term or Phrase
`signals in said at least one
`information transmission]
`
`
`PMC’s Proposed Construction Apple’s Proposed Construction
`construction beyond its plain and
`[a plurality of signals in said at
`ordinary meaning
`least one information
`transmission]
`
`Court’s Construction
`
`controllable device
`
`(see also ’635 patent, claims 20,
`32)
`
`a device that can be regulated or
`commanded based on
`instructions
`
`a device controlled based on
`instructions in a transmission
`
`locating code2
`
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`
`locating one or more instructions
`in the digital transmission
`
`
`
`
`
`2 VIZIO seeks to construe the term “code” as recited in the ’775 Patent, because it appears as a constituent of the terms “downloadable code” and “locating code.” See Section VI,
`below. The parties agreed that they would construe common terms in Phase I, and VIZIO timely disclosed this term for construction. PMC objects to VIZIO’s request to construe
`“code” as recited in the ’775 Patent as part of the Phase I Markman Hearing. The ’775 Patent is not at issue in the PMC v. Apple case. The Docket Control Order (DI 133) states
`that “VIZIO will participate with respect to terms common to VIZIO and Apple.” Based on the docket control order, PMC asserts that the ’775 Patent is scheduled for
`construction in Phase II and that VIZIO has been granted permission to participate in the June 28, 2016 Phase I Markman Hearing solely on overlapping terms.
`
`
`PMC Exhibit 2018
`Apple v. PMC
`IPR2016-00754
`Page 3
`
`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 11 of 28 PageID #: 9400
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`Disputed Term or Phrase
`
`PMC’s Proposed Construction Apple’s Proposed Construction
`
`Court’s Construction
`
`to decrypt in a specific fashion
`on the basis of said code
`
`(see also ’635 patent, clam 33)
`
`controlling the decrypting
`process through the selection of a
`decryptor, a decryption key
`and/or a decryption algorithm
`based on the received code
`
`to decrypt with a method
`specified by said code
`
`detecting … [a plurality of
`signals on said at least one
`encrypted digital information
`transmission]
`
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`demodulating and identifying …
`[a plurality of signals on said at
`least one encrypted digital
`information transmission]
`
`
`
`
`
`Claim Element
`receiving at least one encrypted
`digital information transmission,
`wherein the at least one
`encrypted digital information
`transmission is unaccompanied
`by any non-digital information
`transmission;
`
`locating code;
`passing said code to a processor;
`
`controlling a decryptor that
`decrypts encrypted digital data to
`decrypt in a specific fashion on
`the basis of said code;
`
`decrypting a portion of said at
`least one information
`transmission in said specific
`fashion; and
`
`passing said decrypted portion of
`said at least one encrypted digital
`information transmission to one
`of said processor and an output
`device.
`20. A method of processing
`signals at a receiver station
`comprising the steps of:
`
`receiving at least one encrypted
`digital information transmission,
`wherein the at least one
`encrypted digital information
`transmission is unaccompanied
`by any non-digital information
`transmission;
`
`detecting a plurality of signals
`on said at least one encrypted
`digital information
`transmission;
`
`
`PMC Exhibit 2018
`Apple v. PMC
`IPR2016-00754
`Page 4