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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`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.
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`Civil Action No. 2:15-cv-01366-JRG-RSP
`(Lead Case)
`
`Civil Action No. 2:15-cv-01206-JRG-RSP
`(Consolidated Case)
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`P.R. 4-5(d) JOINT CLAIM CONSTRUCTION CHART
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`Pursuant to the Court’s Docket Control Orders and Patent Local Rule 4-5(d), Plaintiff
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`Personalized Media Communications, L.L.C. (“PMC”) hereby submits the parties’ Joint Claim
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`Construction Chart.
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`PMC Exhibit 2012
`Apple v. PMC
`IPR2016-00755
`Page 1
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`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 2 of 28 PageID #: 9391
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`I.
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`U.S. Patent No. 8,191,091
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`PMC’s Proposed Construction Apple’s Proposed Construction
`a method that uses a digital key
`deciphering (rendering
`in conjunction with an associated
`intelligible or usable) data using
`algorithm to decipher (render
`a key
`intelligible or usable) digital data
`
`Claim Element
`13. A method of decrypting
`programming at a receiver
`station, said method comprising
`the steps of:
`
`receiving an encrypted digital
`information transmission
`including encrypted1
`information;
`
`
`Disputed Term or Phrase
`decrypting/decryption
`
`(see also ’091 patent, claims 20,
`26; ’635 patent, claims 1, 2, 13,
`18, 20, 21, 32, 33)
`programming
`
`(see also ’091 patent, claims 20,
`26; ’635 patent, claims 1, 2, 3;
`’649 patent, claims 39, 54, 67)
`
`encrypted
`
`(see also ’091 patent, claim 20,
`26; ’635 patent claims 1, 2, 18,
`20, 21, 32, 33)
`encrypted digital information
`transmission
`
`(see also ’091 patent, claim 20;
`’635 patent claims 18, 20, 32, 33)
`
`detecting in said encrypted
`digital information
`transmission the presence of an
`instruct-to-enable signal;
`
`everything that is transmitted
`electronically to entertain,
`instruct, or inform, including
`television, radio, broadcast, print,
`and computer programming as
`well as combined medium
`programming
`
`an operation performed on digital
`data in conjunction with an
`associated algorithm and digital
`key to render the digital data
`unintelligible or unusable
`Signals sent or passed from one
`location to another location to
`convey digital information which
`is in encrypted form.
`
`as discussed below,
`“encrypted/encrypt-ion” is “an
`operation performed on digital
`data in conjunction with an
`associated algorithm and digital
`key to render the digital data
`unintelligible or unusable”
`
`“digital information” includes
`instructions/commands and data
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`as to the ’091 and ’649 patents:
`
`everything that is transmitted
`electronically to entertain,
`instruct, or inform, including
`television, radio, broadcast, print,
`and computer programming as
`well as combined medium
`programming, at least a portion
`designed for multiple recipients
`encoded (rendered unintelligible
`or unusable) using a key
`
`a transmission from one location
`to other locations that includes
`digital information in
`unintelligible or unusable form
`
`demodulating and identifying …
`[in said encrypted digital
`information transmission the
`presence of an instruct-to-enable
`signal]
`
`detecting … [in said encrypted
`digital information
`transmission the presence of an
`instruct-to-enable signal]
`
`
`1 When disputed terms appear in more than one claim element, they are underlined in subsequent appearances.
`
`
`Court’s Construction
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`PMC Exhibit 2012
`Apple v. PMC
`IPR2016-00755
`Page 2
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`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 3 of 28 PageID #: 9392
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`Court’s Construction
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`Claim Element
`
`passing said instruct-to-enable
`signal to a processor;
`
`determining a fashion in which
`said receiver station locates a
`first decryption key by
`processing said instruct-to-enable
`signal;
`locating said first decryption key
`based on said step of
`determining;
`
`decrypting said encrypted
`information using said first
`decryption key; and
`
`outputting said programming
`based on said step of decrypting.
`
`Disputed Term or Phrase
`instruct-to-enable signal
`
`(see also ’091 patent, claims 20,
`26)
`processor
`
`(see also ’091 patent, claims 20,
`26; ’635 patent, claims 18, 21,
`33; ’649 patent, claims 39, 54,
`62, 67; ’088 patent, claim 14)
`determining a fashion in which
`said receiver station locates a
`first decryption key
`
`decryption key
`
`(See also ’091 patent, claim 20)
`
`PMC’s Proposed Construction Apple’s Proposed Construction
`a signal carrying information
`a signal that provides an enabling
`used by the receiver station to
`instruction
`enable the implementation of the
`enumerated operation
`a device that performs operations
`according to instructions
`
`a device that operates on data
`
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`to the extent, however, that the
`Court believes such term requires
`construction, PMC proposes the
`following construction:
`
`determining how the receiver
`station locates a first decryption
`key.
`
`See also proposed construction
`for “decryption key.”
`digital data used by a device or
`method in conjunction with an
`associated algorithm to decipher
`(render intelligible or usable)
`encrypted digital information
`
`deciding which method said
`receiver will use to locate a first
`decryption key
`
`key used for deciphering
`(rendering intelligible or usable)
`data
`
`
`
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`
`2
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`PMC Exhibit 2012
`Apple v. PMC
`IPR2016-00755
`Page 3
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`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 4 of 28 PageID #: 9393
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`Disputed Term or Phrase
`processor instructions
`
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`PMC’s Proposed Construction Apple’s Proposed Construction
`[AGREED]
`[AGREED]
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`Court’s Construction
`needs no construction
`
`Claim Element
`20. A method of decrypting
`programming at a receiver
`station, said method comprising
`the steps of:
`
`receiving an encrypted digital
`information transmission
`including encrypted information;
`
`detecting in said encrypted
`digital information
`transmission the presence of a
`first instruct-to-enable signal
`including first processor
`instructions;
`
`executing said first processor
`instructions of said first instruct-
`to-enable signal to provide a first
`decryption key;
`
`detecting … [in said encrypted
`digital information
`transmission the presence of a
`first instruct-to-enable signal
`including first processor
`instructions]
`
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`
`
`demodulating and identifying …
`[in said encrypted digital
`information transmission the
`presence of a first instruct-to-
`enable signal including first
`processor instructions]
`
`
`
`3
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`PMC Exhibit 2012
`Apple v. PMC
`IPR2016-00755
`Page 4
`
`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 5 of 28 PageID #: 9394
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`Claim Element
`detecting in said encrypted
`digital information
`transmission the presence of a
`second instruct-to-enable signal
`including second processor
`instructions;
`
`Disputed Term or Phrase
`detecting … [in said encrypted
`digital information
`transmission the presence of a
`second instruct-to-enable signal
`including second processor
`instructions]
`
`PMC’s Proposed Construction Apple’s Proposed Construction
`this term does not require
`demodulating and identifying …
`construction beyond its plain and
`[in said encrypted digital
`ordinary meaning
`information transmission the
`presence of a second instruct-to-
`enable signal including second
`processor instructions]
`
`executing said second processor
`instructions to provide a second
`decryption key;
`
`decrypting said encrypted
`information using said first and
`second decryption keys; and
`
`outputting said programming
`based on said step of decrypting.
`
`26. A method of decrypting
`programming at a receiver
`station, said method comprising
`the steps of:
`
`receiving an information
`transmission including encrypted
`information;
`
`detecting the presence of an
`instruct-to-enable signal;
`
`passing said instruct-to-enable
`signal to a processor;
`automatically tuning said
`receiver station to a channel
`designated by said instruct-to-
`enable signal;
`
`detecting … [the presence of an
`instruct-to-enable signal]
`
`
`this term does not require
`construction beyond its plain and
`ordinary meaning
`
`demodulating and identifying …
`[the presence of an instruct-to-
`enable signal]
`
`tuning said receiver station to a
`channel
`
`switching the input of the
`receiver station to a particular
`communications path
`
`selecting a frequency for said
`receiver station to receive
`programming
`
`Court’s Construction
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`4
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`PMC Exhibit 2012
`Apple v. PMC
`IPR2016-00755
`Page 5
`
`

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`Case 2:15-cv-01366-JRG-RSP Document 170 Filed 06/14/16 Page 6 of 28 PageID #: 9395
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`Claim Element
`receiving enabling information
`from a remote source based on
`said step of tuning;
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`decrypting said encrypted
`information by processing said
`enabling information; and
`
`outputting said programming
`based on said step of decrypting.
`
`Disputed Term or Phrase
`enabling information
`
`
`PMC’s Proposed Construction Apple’s Proposed Construction
`[AGREED]
`[AGREED]
`
`Court’s Construction
`information that enables
`decryption of said encrypted
`information
`
`remote source
`
`a source of information or data
`that is at a location different from
`the receiver station that is
`connected via a communications
`path
`
`needs no construction
`
`
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`in the alternative, a separate
`source
`
`
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`5
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`PMC Exhibit 2012
`Apple v. PMC
`IPR2016-00755
`Page 6
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