RUSS, AUGUST & KABAT
`Marc A. Fenster (CA SBN 181067)
`Reza Mirzaie (CA SBN 246953)
`Jeffrey Z.Y. Liao (CA SBN 288994)
`Christian Conkle (CA SBN 306374)
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`Attorneys for Plaintiff
`FastVDO LLC
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No. 3:16-cv-00385-H-WVG
`LEAD CASE
`
`Member Cases:
`16-cv-386-H (WVG)
`16-cv-389-H (WVG)
`16-cv-390-H (WVG)
`16-cv-394-H (WVG)
`16-cv-395-H (WVG)
`16-cv-396-H (WVG)
`
`FASTVDO LLC,
`
`Plaintiff
`v.
`
`
`AT&T MOBILITY LLC,
`AT&T SERVICES, INC., and
`APPLE, INC.,
`
`Defendants
`
`
`
`PLAINTIFF’S RESPONSIVE CLAIM CONSTRUCTIONS
`Pursuant to Paragraph 7(c) of the Court’s Case Management Schedule,
`Plaintiff hereby provides its responsive construction of each claim term, phrase, or
`clause that Defendants have identified for claim construction purposes, as well as a
`preliminary identification of extrinsic evidence in support thereof. Plaintiff also
`incorporates by reference its Preliminary Claim Constructions, as amended, in
`response to each of Defendants’ means plus function limitation constructions.
`Plaintiff notes that these identifications are preliminary, and reserves all rights to
`amend or alter its claim construction positions.
`1
`
`
`
`
`
`16cv0385
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
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`15
`16
`17
`18
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`21
`22
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`24
`25
`26
`27
`28
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`RUSS, AUGUST & KABAT
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`Page 1 of 10
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`

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`16cv0385
`
`2
`
`Plaintiff’s Responsive Claim Constructions
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`(1996)
`of Telecommunication Terms
`Telecommunications: Glossary
`Federal Standard 1037C,
`(2)
`intrinsic evidence.
`term/phrase in view of the
`the art would understand this
`How a person of ordinary skill in
`the following subject matter:
`Vojcic. Dr. Vojcic will testify to
`expert witness, Dr. Branimir
`The testimony of its
`(1)
`claim constructions:
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`No construction necessary.
`
`synchronization
`potential loss of code word
`the field could result in a
`generated such that a bit error in
`Prefix field of a code word
`
`29)
`12, 14, 16, 17, 22, 24, 25, 26, 28,
`(Claims 1, 2, 5, 6, 7, 8, 9, 10, 11,
`First portion of each code word
`
`
`
`be:
`appropriate construction would
`If construction is required, an
`
`No construction necessary.
`
`
`
` sequence of bits / Sequences
`
`of bits
`
` A
`
`coefficient)
`represent a symbol (e.g., a
`each sequence assigned to
`coefficient) /(cid:1)sequences of bits,
`represent a symbol (e.g., a
`a sequence of bits assigned to
`– or –
`each representing a symbol
`a symbol / Codes in a codebook,
`Code in a codebook representing
`
`29)
`13, 14, 17, 22, 23, 25, 26, 28,
`(Claims 1, 2, 3, 6, 7, 8, 11, 12,
`Code word / Code words
`
`
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 2 of 10
`
`

`
`16cv0385
`
`3
`
`Plaintiff’s Responsive Claim Constructions
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`No construction necessary.
`
`No construction necessary.
`
`protection
`different levels of error
`into different classes that merit
`subdivisions of a data stream
`do not represent first and second
`associated second portion which
`comprises a first portion and an
`wherein each code word
`respective portions of the data,
`words, representative of
`Generating a plurality of code
`
`particular code word
`the field only affects that
`generated such that a bit error in
`Suffix field of a code word
`– or –
`correct value
`predetermined range about the
`miscoded value that falls in a
`a bit error in the field results in a
`generated in a manner such that
`Suffix field of a code word
`
`(Claims 1, 7, 12, and 22)
`associated second portion
`comprises a first portion and an
`wherein each code word
`respective portions of the data,
`words representative of
`Generating a plurality of code
`
`29)
`12, 14, 16, 17, 22, 24, 25, 26, 28,
`(Claims 1, 2, 5, 6, 7, 8, 9, 10, 11,
`word
`Second portion of each code
`
`
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 3 of 10
`
`

`
`16cv0385
`
`4
`
`Plaintiff’s Responsive Claim Constructions
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`No construction necessary.
`
`portion.”
`information within the second
`separately from “including
`the first portion” must occur
`“Including information within
`
`(Claim 12)
`portion
`information within the second
`first portion . . . including
`Including information within the
`
`No construction necessary.
`
`protection
`different levels of error
`into different classes that merit
`subdivisions of a data stream
`represent first and second
`second portions which do not
`which have respective first and
`portions of the original data,
`representative of respective
`A plurality of code words,
`
`(Claim 28)
`second portions
`which have respective first and
`portions of the original data,
`representative of respective
`A plurality of code words,
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 4 of 10
`
`

`
`16cv0385
`
`5
`
`Plaintiff’s Responsive Claim Constructions
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`No construction necessary.
`
`data.”
`respective portion of the original
`information representative of a
`each code word includes
`associated second portion of
`separately from “wherein the
`information” must occur
`each code word includes
`“Wherein the first portion of
`
`(Claims 28)
`portion of the original data
`representative of a respective
`includes information
`portion of each code word
`wherein the associated second
`the associated second portion . . .
`predetermined characteristic of
`representative of a
`code word includes information
`Wherein the first portion of each
`
`Constructions.
`see Plaintiff’s Preliminary Claim
`respective portion of the data,”
`portion that is representative of a
`information within the second
`and “means for including
`of the associated second portion”
`of a predetermined characteristic
`first portion that is representative
`including information within the
`individual terms “means for
`For the construction of the
`
`this combination of terms.
`No construction necessary for
`
`
`
`function separately.
`configured to perform their
`second portion” must be
`including information within the
`portion” and the “means for
`information within the first
`The “means for including
`
`(Claims 7, 22)
`within the second portion
`means for including information
`within the first portion . . .
`Means for including information
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 5 of 10
`
`

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`16cv0385
`
`6
`
`Plaintiff’s Responsive Claim Constructions
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`(2001)
`Communications Dictionary
`(2)
`Hargrave’s
`intrinsic evidence.
`term/phrase in view of the
`the art would understand this
`How a person of ordinary skill in
`the following subject matter:
`Vojcic. Dr. Vojcic will testify to
`expert witness, Dr. Branimir
`The testimony of its
`(1)
`claim constructions:
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`No construction necessary.
`
`“encoding the quantized data.”
`data” must occur separately from
`“Quantizing the transformed
`
`(Claim 12)
`Encoding the quantized data
`–and–
`the transformed data
`fewer unique coefficients than
`such that the quantized data has
`Quantizing the transformed data
`
`infrequently occurring patterns
`with fewer bits than it does for
`frequently occurring patterns
`A coding technique that encodes
`
`infrequently occurring symbols
`with fewer bits than it does for
`frequently occurring symbols
`technique that encodes
`A completely reversible coding
`
`(Claims 2, 8, 13, 23)
`Entropy coding
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 6 of 10
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`

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`16cv0385
`
`7
`
`Plaintiff’s Responsive Claim Constructions
`
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`No construction necessary.
`
`Indefinite
`
`17, 22, 25, 26, 28)
`(Claims 1, 5, 6, 7, 10, 11, 12, 16,
`At a lower level than
`
`28, not Claim 21.
`Claim 29 is dependent on Claim
`It is obvious in context that
`correct the typographical error.
`Construction necessary only to
`
`28
`encoded data according to claim
`for storing error resilient
`A computer readable memory
`
`
`
`Indefinite
`
`(Claim 29)
`21
`encoded data according to claim
`for storing error resilient
`A computer readable memory
`
`No construction necessary.
`
`output of the “data quantizer”
`configured to perform on the
`The “data encoder” must be
`
`(Claim 22)
`quantized data
`A data encoder for encoding the
`–and–
`data
`coefficients than the transformed
`quantized data has fewer unique
`the quantized data such that the
`the transformed data such that
`A data quantizer for quantizing
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 7 of 10
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`

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`16cv0385
`
`8
`
`Plaintiff’s Responsive Claim Constructions
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`Dr. Branimir Vojcic. Dr. Vojcic
`testimony of its expert witness,
`claim constructions: The
`extrinsic evidence supporting its
`preliminary basis, the following
`Plaintiff identifies, on a
`
`view of the intrinsic evidence.
`understand this term/phrase in
`ordinary skill in the art would
`subject matter: How a person of
`will testify to the following
`
`should be construed as:
`the respective first portion”
`the error protection provided to
`first portion at a lower level than
`associated with the at least one
`respective second portion
`error protection provided to the
`phrase “while maintaining any
`If construction is necessary, the
`
`
`
`No construction necessary.
`
`
`
`If construction is necessary:
`
`transmission errors
`Robust in the presence of
`
`
`
`No construction necessary.
`
`
`
`Indefinite
`
`(Claims 1, 7, 12, 22)
`protection
`While maintaining any error
`
`Indefinite
`
`(Claims 1, 12, 22, 28)
`Error resilient
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 8 of 10
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`

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`16cv0385
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`9
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`Plaintiff’s Responsive Claim Constructions
`
`respective first portion
`protection provided to the
`a lower level than the error
`protection or error protection at
`first portion either no error
`associated with the at least one
`respective second portion
`While providing to the
`
`Extrinsic Evidence
`Preliminary Identification of
`
`Construction
`Plaintiff’s Responsive Claim
`
`Construction
`Defendants’ Proposed
`
`Claim Term or Element
`
`
`
`Page 9 of 10
`
`

`
`DATED: June 10, 2016
`
`By: /s/ Christian W. Conkle
`Christian W. Conkle
`Marc A. Fenster (CA SBN 181067)
`Reza Mirzaie (CA SBN 246953)
`Jeffrey Z.Y. Liao (CA SBN 288994)
`Christian W. Conkle (CA SBN 306374)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`mfenster@raklaw.com
`rmirzaie@raklaw.com
`jliao@raklaw.com
`cconkle@raklaw.com
`Attorneys for Plaintiff FastVDO LLC
`
`
`
`10
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`16cv0385
`Plaintiff’s Responsive Claim Constructions
`
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`2
`3
`4
`5
`6
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`RUSS, AUGUST & KABAT
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`Page 10 of 10