Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 1 of 55 PageID #: 4150
`Case l:l3—cv—Ol608—RGA Document 68-1 Filed 09/23/14 Page 1 of 55 Page|D #: 4150
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`EXHIBIT A
`
`EXHIBIT A
`
`1
`
`SAMSUNG 1020
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`1
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`SAMSUNG 1020
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`

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`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 2 of 55 PageID #: 4151
`
`
`
`U.S. Patent No. 5,887,243
`
`Amazon’s Proposed
`Constructions
`“data of interest” is
`indefinite.
`
`“receiver specific datum”
`means data that is specific, but
`not necessarily unique, to the
`receiver station.
`
`PMC’s Proposed
`Constructions
`“data of interest” is not
`indefinite.
`
`“receiver specific datum”
`requires no construction.
`
`
`
`
`
`“receiving … a query”
`requires no construction.
`
`
`“transmitting . . . to said
`receiver station” requires no
`construction.
`
`
`
`Order of steps: No order of
`steps is required.
`
`See ‘243, claim 13; Col.
`13:23-14:46.
`
`
`
`“instruct signal” is not
`indefinite. Plain and ordinary
`meaning.
`
`“process” means performing
`operations on data.
`
`“an instruct signal which is
`effective at said receiver
`station to coordinate
`presentation” is not
`
`“receiving … a query”
`means receiving directly from
`the receiver station a request
`by a user for specific data
`over a telephone line.
`“transmitting … to said
`receiver station” means that
`the remote data source
`directly sends the data to the
`receiver station.
`
`Order of steps: Step 13(c)
`must occur after Step 13(b)
`and before step 13(d).
`
`Claim
`Claim Language
`13
`13(pre) A method of providing
`data of interest to a
`receiver station from a
`first remote data source,
`said data of interest for use
`at said receiver station in
`at least one of generating
`and outputting a receiver
`specific datum, said
`method comprising the
`steps of:
`storing said data at said
`first remote data source;
`receiving at said remote
`data source a query from
`said receiver station;
`
`13(b)
`
`13(a)
`
`transmitting at least a
`portion of said data from
`said first remote data
`source to said receiver
`station in response to said
`step of receiving said
`query, said receiver station
`selecting and storing said
`transmitted at least a
`portion of said data and;
`
`13(c)
`
`13(d)
`
`transmitting from a second
`remote source to said
`receiver station a signal
`which controls said
`receiver station to select
`and process an instruct
`signal which is effective
`at said receiver station to
`coordinate presentation
`of said at least a portion of
`said data with one of a
`
`“instruct signal” needs no
`construction.
`
`“process” is indefinite.
`
`“an instruct signal which is
`effective at said receiver
`station to coordinate
`presentation” is indefinite
`because it attempts to claim
`all ways of achieving the
`
`- 2 -
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`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 3 of 55 PageID #: 4152
`
`PMC’s Proposed
`Constructions
`indefinite. Plain and ordinary
`meaning.
`
`
`
`“coordinate presentation”
`requires no construction.
`
`
`
`“mass medium program”
`means everything that is
`transmitted electronically to
`entertain, instruct or inform,
`including television, radio,
`broadcast print, and computer
`programming as well as
`combined medium
`programming, designed for
`multiple recipients.
`
`“program segment
`presentation sequence” is not
`indefinite. It means “a
`sequence in which program
`segments are presented.”
`
`
`
`Claim
`13
`
`Claim Language
`mass medium program
`and a program segment
`presentation sequence.
`
`
`
`Amazon’s Proposed
`Constructions
`recited result (coordinate
`presentation). Even
`interpreting the recited
`claimed result under 35
`U.S.C. § 112(f) is insufficient
`to save the validity of the
`claim because there is no
`disclosure in the specification
`of any algorithm showing how
`the function is achieved that is
`clearly linked to the claim
`language.
`
`“coordinate presentation”
`means overlay said data of
`interest on the mass medium
`program or the program
`presentation sequence based
`on a specifically defined
`relationship between the mass
`medium program or the
`program segment presentation
`sequence and the data of
`interest.
`
`“mass medium program”
`means a television, radio or
`broadcast print program that is
`sent simultaneously to a mass
`of subscribers such that the
`content is the same for every
`subscriber.
`
`“program segment
`presentation sequence” is
`indefinite.
`
`- 3 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 4 of 55 PageID #: 4153
`
`PMC’s Proposed
`Constructions
`“decryption” means using a
`digital key in conjunction
`with a set of associated
`mathematical operations to
`decipher data. This term
`does not include
`descrambling of an analog
`television signal.
`
`
`
`“programming” means
`everything that is transmitted
`electronically to entertain,
`instruct or inform, including
`television, radio, broadcast
`print, and computer
`programming, at least a
`portion designed for multiple
`recipients.
`
`“subscriber station” — see
`proposed construction of
`“subscriber.” This term does
`not require further
`construction.
`
`
`
`
`
`“decryptor” does not require
`construction.
`
`
`
`
`Claim
`Claim Language
`1
`1(pre) A method for controlling
`the decryption of
`programming at a
`subscriber station, said
`method comprising the
`steps of:
`
`1(a)
`
`1(b)
`
`1(c)
`
`receiving programming,
`said programming having
`a first encrypted digital
`control signal portion and
`an encrypted digital
`information portion;
`detecting said first
`encrypted digital control
`signal portion of said
`programming;
`passing said first encrypted
`digital control signal
`portion of said
`programming to a
`decryptor at said
`subscriber station;
`
`U.S. Patent No. 7,801,304
`
`Amazon’s Proposed
`Constructions
`“decryption” means decoding,
`including deciphering and
`descrambling. This
`construction applies for every
`related term in the ’304 and
`’749 patents, such as
`“encryption,” “encrypted,”
`“decryptor,” “decrypting,”
`“decrypt,” and “decrypter.”
`
`“programming” means
`something that is transmitted
`electronically to entertain,
`instruct or inform, including
`television, radio, broadcast
`print, and computer programs
`as well as combined medium
`programs.
`
`“subscriber station” means
`the station of someone who has
`elected to receive a product or
`service on a regularly-
`scheduled basis.
`
`
`
`
`
`“decryptor” means standard
`decryption hardware or analog
`descrambling hardware capable
`of receiving encrypted
`information, using
`conventional decryption
`
`- 4 -
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`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 5 of 55 PageID #: 4154
`
`
`
`Claim
`1
`
`1(d)
`
`Claim Language
`
`decrypting said first
`encrypted digital control
`signal portion of said
`programming using said
`decryptor at said
`subscriber station;
`
`1(e)
`
`1(f)
`
`passing said encrypted
`digital information portion
`of said programming to
`said decryptor;
`decrypting said
`encrypted digital
`information portion of
`said programming using
`said decryptor at said
`
`Amazon’s Proposed
`Constructions
`techniques well known in the
`art as of 1987 to decrypt the
`encrypted information, and
`outputting the decrypted
`information.
`“decrypting said first
`encrypted digital control
`signal portion of said
`programming” is indefinite
`because it attempts to claim all
`ways of achieving the recited
`result (decryption). Even
`interpreting the claimed result
`under 35 U.S.C. § 112(f) is
`insufficient to save the validity
`of the claim because there is no
`disclosure in the specification
`of any algorithm showing how
`the function is achieved that is
`clearly linked to the claim
`language.
`
`To the extent that 35 U.S.C.
`§ 112(f) saves this limitation,
`the only act described in the
`specification is decrypting the
`information using conventional
`decryption techniques well
`known in the art as of 1987.
`Therefore, to the extent this
`claim is not indefinite, it
`should be construed pursuant
`to 35 U.S.C. § 112(f) as
`covering the acts recited above
`and equivalents thereof.
`
`
`PMC’s Proposed
`Constructions
`
`“decrypting said first
`encrypted digital control
`signal portion of said
`programming” is not
`indefinite. This term does
`not require construction.
`This term is not a step-plus-
`function claim element
`requiring 35 U.S.C. § 112(f)
`construction.
`
`
`
`“decrypting said encrypted
`digital information portion of
`said programming” is
`indefinite. See Claim 1(d)
`above.
`
`“decrypting said encrypted
`digital information portion
`of said programming” is not
`indefinite.
`
`- 5 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 6 of 55 PageID #: 4155
`
`Amazon’s Proposed
`Constructions
`
`PMC’s Proposed
`Constructions
`
`
`
`
`
`PMC’s Proposed
`Constructions
`“a signal necessary for
`decryption . . . received
`from” does not require
`construction.
`
`
`
`“difference sources” [sic]
`does not require construction.
`
`
`PMC’s Proposed
`Constructions
`“said digital programming”
`is not indefinite. The
`antecedent basis for “digital
`programming” is
`“programming” in claim 1.
`Claim scope clearly
`understood by persons skilled
`in the art.
`
`
`
`“processing” means
`performing operations on
`data.
`
`
`Amazon’s Proposed
`Constructions
`“a signal necessary for
`decryption . . . received
`from” means that a signal
`necessary for decryption is
`received directly, via a
`telephone line.
`
`“difference sources” [sic]
`means different remote
`stations.
`
`
`Amazon’s Proposed
`Constructions
`“said digital programming”
`is indefinite because it lacks
`antecedent basis.
`
`
`
`“processing” is indefinite.
`
`
`
`
`- 6 -
`
`
`
`
`Claim
`1
`
`1(g)
`
`Claim
`11
`11(a)
`
`Claim Language
`subscriber station based on
`the decrypted control
`signal portion; and
`presenting said
`programming.
`
`Claim Language
`The method of claim 1
`wherein said programming
`and a signal necessary
`for decryption are
`received from difference
`sources.
`
`Claim
`16
`16(a)
`
`Claim Language
`The method as in claim 1,
`or 14, wherein said
`subscriber station stores
`information that evidences
`processing said digital
`programming.
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 7 of 55 PageID #: 4156
`
`PMC’s Proposed
`Constructions
`“said digital programming
`is not indefinite. The
`antecedent basis for “digital
`programming” is
`“programming” in claim 1.
`Claim scope clearly
`understood by persons skilled
`in the art.
`
`PMC’s Proposed
`Constructions
`“source” does not require
`construction.
`
`“mass medium program
`presentation” does not
`require further construction.
`See construction of “mass
`medium program.”
`
`
`
`
`“a query” does not require
`construction.
`
`
`“digital enabling
`information which is
`effective to enable
`decryption” is not indefinite.
`This term requires no
`construction. This term is not
`a step-plus-function claim
`element.
`
`
`Amazon’s Proposed
`Constructions
`“said digital programming”
`is indefinite because it lacks
`antecedent basis.
`
`
`
`Claim Language
`The method as in claims 1,
`or 14, wherein said digital
`programming includes
`computer data.
`
`
`
`Claim
`18
`18(a)
`
`Claim
`Claim Language
`22
`22(pre) A method of providing
`digital enabling
`information to a receiver
`station from a first remote
`source, said digital
`enabling information for
`use at the receiver station
`in decrypting a mass
`medium program
`presentation, said method
`comprising the steps of:
`storing digital enabling
`information at said first
`remote source;
`receiving at said first
`remote source a query
`from said receiver station;
`
`22(b)
`
`22(a)
`
`22(c)
`
`transmitting said digital
`enabling information
`which is effective to
`enable decryption from
`said first remote source to
`said receiver station in
`response to said step of
`receiving said query, said
`receiver station storing at
`least some of said
`transmitted enabling
`information;
`
`
`Amazon’s Proposed
`Constructions
`“source” means “station.”
`
`“mass medium program
`presentation” means
`presentation of a television,
`radio or broadcast print
`program that is sent
`simultaneously to a mass of
`subscribers such that the
`content is the same for every
`subscriber.
`
`
`“a query” means a direct
`request over a telephone line
`for the digital enabling
`information.
`“digital enabling
`information which is
`effective to enable
`decryption” is indefinite
`because it attempts to claim all
`means for achieving the
`recited result (enable
`decryption). Even interpreting
`the claimed result under 35
`U.S.C. § 112(f) is insufficient
`to save the validity of the
`claim because there is no
`disclosure in the specification
`of any structure for
`performing the function that is
`
`- 7 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 8 of 55 PageID #: 4157
`
`PMC’s Proposed
`Constructions
`
`“second remote source”
`does not require construction.
`
`
`
`“mass medium presentation
`signal” requires no further
`construction. See
`construction of “mass
`medium program.
`
`
`
`“decrypted on the basis of
`said stored at least some of
`said digital enabling
`information” is not
`indefinite.
`
`
`
`Claim
`22
`
`Claim Language
`
`22(d)
`
`transmitting from a
`second remote source to
`said receiver station an
`encrypted digital mass
`medium presentation
`signal which is decrypted
`on the basis of said
`stored at least some of
`said digital enabling
`information to present
`said mass medium
`programming
`presentation.
`
`Amazon’s Proposed
`Constructions
`clearly linked to the claim
`language. The only structure
`described in the ’304 patent
`specification is the cipher key
`and/or cipher algorithm
`instructions and information.
`Col. 160, lines 42–47.
`Therefore, to the extent this
`claim is not indefinite, it
`should be construed pursuant
`to 35 U.S.C. § 112(f) as
`covering the structure recited
`above and equivalents thereof.
`“second remote source”
`means a second remote station
`that is different from the first
`remote station.
`
`“mass medium presentation
`signal” means television,
`radio, or broadcast print
`presentation signal that is sent
`simultaneously to a mass of
`subscribers such that the
`content is the same for every
`subscriber.
`
`“decrypted on the basis of
`said stored at least some of
`said digital enabling
`information” is indefinite
`because it attempts to claim all
`means for achieving the
`recited result (decryption).
`Even interpreting the claimed
`result under 35 U.S.C.
`§ 112(f) is insufficient to save
`the validity of the claim
`because there is no disclosure
`in the specification of any
`structure for performing the
`function that is clearly linked
`to the claim language.
`
`
`- 8 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 9 of 55 PageID #: 4158
`
`PMC’s Proposed
`Constructions
`“digital detector” does not
`require construction.
`
`
`
`“controller . . . for
`controlling said decryptor”
`is not indefinite.
`
`
`
`“a varying pattern of timing
`or location” means the plain
`and ordinary meaning of the
`term.
`
`
`
`Claim
`Claim Language
`23
`23(pre) A method of processing
`signals at a receiver
`station, said receiver
`station having a receiver, a
`digital detector
`operatively connected to
`said receiver for detecting
`encrypted digital data, a
`decryptor operatively
`connected to said digital
`detector for decrypting said
`encrypted digital data, and
`a controller operatively
`connected to said digital
`detector or said
`decryptor for controlling
`said decryptor, said
`method comprising the
`steps of:
`
`23(a)
`
`23(b)
`
`receiving a plurality of
`signals including digital
`programming and inputting
`at least some of said
`plurality of signals to said
`digital detector;
`detecting said encrypted
`digital data in said at least
`some of said plurality of
`signals in accordance with
`a varying pattern of
`timing or location and
`passing said detected
`encrypted digital data to
`said decryptor;
`
`Amazon’s Proposed
`Constructions
`“digital detector” means
`standard digital detection
`circuitry that identifies the
`digital signal information in a
`stream of information
`containing analog signals
`using conventional detection
`techniques well known in the
`art as of 1987.
`
`“controller . . . for
`controlling said decryptor” is
`indefinite because it attempts
`to claim all ways of achieving
`the recited result (controlling
`the decryptor). Even
`interpreting the claimed result
`under 35 U.S.C. § 112(f) is
`insufficient to save the validity
`of the claim because there is
`no disclosure in the
`specification of any algorithm
`showing how the function is
`achieved that is clearly linked
`to the claim language.
`
`
`“a varying pattern of timing
`or location” means a
`combination of time and
`location elements that form a
`general regular or consistent
`arrangement, wherein the
`arrangement of time elements
`changes as to when a signal is
`embedded in a programming
`signal, or wherein the
`arrangement of location
`elements changes as to which
`line(s) a signal is embedded
`
`- 9 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 10 of 55 PageID #: 4159
`
`
`
`Claim
`23
`
`23(c)
`
`Claim Language
`
`controlling said
`decryptor to alter its
`decryption pattern or
`technique on the basis of
`information included in
`said detected encrypted
`digital data; and
`
`23(d)
`
`decrypting at least a
`portion of said digital
`programming using a
`selected decryption
`pattern or technique
`based on said step of
`detecting in order to
`provide a decrypted
`output of programming
`to a viewer or listener.
`
`Claim
`Claim Language
`24
`24(pre) A method for controlling
`decryption of digital
`television or computer
`
`Amazon’s Proposed
`Constructions
`within an analog television
`signal.
`The phrase “controlling said
`decryptor to alter its
`decryption pattern or
`technique” is indefinite
`because it attempts to claim all
`ways of achieving the recited
`result (to alter the decryption
`pattern). Even interpreting the
`claimed result under 35 U.S.C.
`§ 112(f) is insufficient to save
`the validity of the claim
`because there is no disclosure
`in the specification of any
`algorithm showing how the
`function is achieved that is
`clearly linked to the claim
`language.
`“using a selected decryption
`pattern or technique based
`on said step of detecting in
`order to provide a decrypted
`output of programming to a
`viewer or listener” is
`indefinite because it attempts
`to claim all decryption patterns
`or techniques to provide
`output. Even interpreting the
`claimed result under 35 U.S.C.
`§ 112(f) is insufficient to save
`the validity of the claim
`because there is no disclosure
`in the specification of any
`algorithm showing how the
`function is achieved that is
`clearly linked to the claim
`language.
`
`
`Amazon’s Proposed
`Constructions
`“digital television” means
`digital broadcast television
`signal, which includes an
`
`- 10 -
`
`
`PMC’s Proposed
`Constructions
`
`“controlling said decryptor
`to alter its decryption
`pattern or technique” is not
`indefinite.
`
`“using a selected decryption
`pattern or technique based
`on said step of detecting in
`order to provide a decrypted
`output of programming to a
`viewer or listener” is not
`indefinite.
`
`PMC’s Proposed
`Constructions
`“digital television” is not
`indefinite.
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 11 of 55 PageID #: 4160
`
`PMC’s Proposed
`Constructions
`
`
`
`
`
`“computer programming”
`means instructions
`specifying functions to be
`performed by a computer.
`
`“procedure for locating” is
`not indefinite.
`
`
`
`“instruct-to-decrypt
`signal” has its plain and
`ordinary meaning.
`“information
`transmission” does not
`require construction.
`Amazon’s proposed
`constructions of this term are
`inconsistent.
`
`
`
`“one unit of digital
`television or computer
`programming” does not
`require construction.
`
`
`
`
`Claim
`24
`
`Claim Language
`programming at a receiver
`station, said method
`comprising the steps of:
`
`24(a)
`
`storing a procedure for
`locating or identifying a
`specific digital instruct-
`to-decrypt signal in a
`plurality of signal types;
`
`24(b)
`
`receiving an information
`transmission that includes
`a plurality of signal types
`and at least one unit of
`digital television or
`computer programming;
`
`Amazon’s Proposed
`Constructions
`analog television signal with
`digital data or signals.
`
`“computer programming”
`means coded instructions
`specifying a sequence of
`operations to be performed by
`a computer that are embedded
`and sent simultaneously to a
`mass of subscribers such that
`the instructions are the same
`for every receiver station.
`The phrase “procedure for
`locating” is indefinite because
`it attempts to claim all ways of
`achieving the recited result
`(locating or identifying a
`specific signal). Even
`interpreting the claimed result
`under 35 U.S.C. § 112(f) is
`insufficient to save the validity
`of the claim because there is
`no disclosure in the
`specification of any algorithm
`showing how the function is
`achieved that is clearly linked
`to the claim language.
`
`“instruct-to-decrypt signal”
`means a signal that causes a
`decryptor to decrypt.
`“information transmission”
`means a transmission
`containing information that is
`sent simultaneously to all
`receiver stations in the network
`such that the information is the
`same for every receiver station.
`
`“one unit of digital television
`or computer programming”
`means one entire digital
`television program or one
`entire set of coded instructions
`
`- 11 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 12 of 55 PageID #: 4161
`
`PMC’s Proposed
`Constructions
`
`
`
`Amazon’s Proposed
`Constructions
`specifying a sequence of
`operations to be performed by
`a computer.
`
`
`
`
`
`Claim
`24
`
`24(c)
`
`24(d)
`
`24(e)
`
`Claim Language
`
`passing at least some of
`said information
`transmission to a detector;
`detecting data of said
`plurality of signal types
`and transferring said
`detected data to a
`processor;
`
`identifying or locating
`said specific digital
`instruct-to-decrypt signal
`by processing said
`detected data in
`accordance with said
`stored information; and
`
`“data of said plurality of
`signal types” is not
`indefinite.
`
`“processor” means any
`device capable of performing
`operations on data.
`“identifying or locating
`said specific digital
`instruct-to-decrypt signal
`by processing said detected
`data in accordance with
`said stored information” is
`not indefinite.
`
`
`
`“said stored information”
`is not indefinite. The
`antecedent basis for “stored
`information” is “storing a
`procedure for … signal.”
`Claim scope clearly
`understood by persons
`skilled in the art.
`
`
`“process” is not indefinite.
`It means “to perform
`operations on data.”
`“decrypting at least some
`of said unit of digital
`television or computer
`programming on the basis
`of said identified or located
`
`“data of said plurality of
`signal types” is indefinite.
`
`“processor” needs no
`construction.
`
`The phrase “identifying or
`locating said specific digital
`instruct-to-decrypt signal by
`processing said detected data
`in accordance with said
`stored information” is
`indefinite because it attempts
`to claim all ways of identifying
`or locating specific signals.
`Even interpreting the claimed
`result under 35 U.S.C. § 112(f)
`is insufficient to save the
`validity of the claim because
`there is no disclosure in the
`specification of any algorithm
`showing how the function is
`achieved that is clearly linked
`to the claim language.
`
`“said stored information” is
`indefinite because it lacks
`antecedent basis.
`
`“process” is indefinite.
`
`24(f)
`
`decrypting at least some
`of said unit of digital
`television or computer
`programming on the
`basis of said identified or
`
`The phrase “decrypting at
`least some of said unit of
`digital television or computer
`programming on the basis of
`said identified or located
`
`- 12 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 13 of 55 PageID #: 4162
`
`
`
`Claim
`24
`
`Claim Language
`located specific digital
`instruct-to-decrypt
`signal.
`
`PMC’s Proposed
`Constructions
`specific digital instruct-to-
`decrypt signal” is not
`indefinite.
`
`Amazon’s Proposed
`Constructions
`specific digital instruct-to-
`decrypt signal” is indefinite
`because it attempts to claim all
`ways of decrypting
`information. Even interpreting
`the claimed result under 35
`U.S.C. § 112(f) is insufficient
`to save the validity of the
`claim because there is no
`disclosure in the specification
`of any algorithm showing how
`the function is achieved that is
`clearly linked to the claim
`language.
`
`
`
`- 13 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 14 of 55 PageID #: 4163
`
`
`
`Claim 6
`6(pre)
`
`6(a)
`
`6(b)
`
`Claim Language
`A method of signal
`processing in a network to
`communicate at least some
`of a recommendation or
`solution to a plurality of
`subscribers, said method
`comprising the steps of:
`
`transmitting a signal to at
`least one of a plurality of
`stations;
`
`U.S. Patent No. 7864,956
`
`Amazon’s Proposed
`Constructions
`“communicate at least
`some of a recommendation
`or solution to a plurality of
`subscribers” means that the
`same portion of the
`recommendation or solution
`must be simultaneously sent
`to each of the plurality of
`subscribers.
`“station” means a place or
`location where a particular
`activity is based.
`
`controlling a transmitter
`station on the basis of
`information communicated
`with said signal, said step of
`controlling said transmitter
`station comprising the steps
`of:
`
`PMC’s Proposed
`Constructions
`“communicate at least
`some of a recommendation
`or solution to a plurality of
`subscribers” does not
`require construction.
`
`
`“station” does not require
`construction.
`
`
`
`“transmitter station” does
`not require construction.
`
`“information
`communicated with said
`signal” does not require
`construction. This term
`appears multiple times in
`the claim, but Amazon seeks
`to construe it only here and
`improperly read in an
`antecedent basis where none
`exists in the claim as
`written.
`
`This element is not
`indefinite.
`
`“module” is not indefinite.
`The plain and ordinary
`meaning of module is “any
`of a number of distinct but
`interrelated units from
`
`“transmitter station”
`means a station that
`transmits television, radio
`and/or broadcast print
`signals simultaneously to a
`mass of users.
`
`“information
`communicated with said
`signal” means the
`information received from
`the signal previously
`transmitted in step 6(a).
`
`This element is indefinite
`because it fails to specify
`what information might be
`“in respect of a problem or
`interest” or provide any
`framework for determining
`whether information meets
`the recited condition.
`“module” is indefinite and
`does not have an established
`meaning in the specification
`or the art.
`
`- 14 -
`
`
`6(b)(i)
`
`selecting some generally
`applicable information in
`respect of a problem or
`interest;
`
`6(b)(ii)
`
`generating at least a portion
`of a module including said
`selected generally applicable
`information; and
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 15 of 55 PageID #: 4164
`
`
`
`Claim 6
`
`Claim Language
`
`Amazon’s Proposed
`Constructions
`
`PMC’s Proposed
`Constructions
`which a program may be
`built up.”
`
`
`
`
`
`6(b)(iii)
`
`6(c)
`
`6(c)(i)
`
`6(c)(ii)
`
`6(c)(iii)
`
`transmitting said module
`with at least a portion of said
`signal;
`controlling each of a
`plurality of receiver
`stations on the basis of
`information communicated
`with said signal, said step of
`controlling each of said
`plurality of receiver stations
`comprising the steps of:
`selecting some portion of
`said module;
`communicating receiver
`specific information to an
`output device; and
`
`recommending in
`outputted video, audio, or
`print subscriber specific
`action in respect to said
`problem or interest; and
`
`“a plurality of receiver
`stations” are distinct from
`the “transmitter station” in
`6(b) and the “plurality of
`stations” in 6(a).
`
`“a plurality of receiver
`stations” does not require
`further construction. The
`parties have agreed on the
`construction of “plurality.”
`
`
`
`
`
`“receiver specific
`information” means
`information that is specific,
`but not necessarily unique,
`to the receiver station.
`“recommending in
`outputted video, audio, or
`print subscriber specific
`action” means generating a
`recommendation at the
`receiver station and
`explicitly stating the action
`being recommended in
`video, audio, or print.
`
`“video” means television
`image.
`
`“print” means hard copy.
`
`“subscriber” means
`someone who has elected to
`receive a product or service
`on a regularly-scheduled
`basis.
`
`“action in respect to said
`problem or interest” is
`
`“receiver specific
`information” does not
`require construction.
`
`
`“recommending in
`outputted video, audio, or
`print subscriber specific
`action” does not require
`construction.
`
`“video” means “visual
`presentation that can include
`a single graphic”
`
`“print” does not require
`construction.
`
`“subscriber” means “one
`who arranges to receive
`information”
`
`“action in respect to said
`problem or interest” is not
`indefinite. The plain and
`ordinary meaning of “in
`respect to” means “related
`
`- 15 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 16 of 55 PageID #: 4165
`
`Amazon’s Proposed
`Constructions
`indefinite.
`
`
`PMC’s Proposed
`Constructions
`to or addressing.”
`
`
`“processor” means “any
`device capable of
`performing operations on
`data.”
`“causing said at least one
`receiver station to
`establish communications
`with a remote station” is
`not indefinite. This term is
`not a step-plus-function
`claim element requiring 35
`U.S.C. § 112(f)
`construction.
`
`
`
`“remote station” does not
`require construction.
`
`
`“communicating input” is
`
`“processor” needs no
`construction.
`
`“causing said at least one
`receiver station to
`establish communications
`with a remote station” is
`indefinite because it
`attempts to claim all ways of
`causing a receiver to
`establish communications.
`To the extent that 35 U.S.C.
`§ 112(f) saves this
`limitation, the only acts
`described in the
`specification are executing a
`program that causes an auto
`dialer to dial a telephone
`number. Col. 285, lines 27-
`36; col. 286, lines 2-12; and
`col. 262, lines 59-67.
`Therefore, to the extent this
`claim is not indefinite, it
`should be construed
`pursuant to 35 U.S.C.
`§ 112(f) as covering the acts
`recited above and
`equivalents thereof.
`
`“remote station” means a
`station distinct from the
`transmitter station and the
`receiver stations.
`“communicating input” is
`
`- 16 -
`
`
`
`
`Claim 6
`
`Claim Language
`
`6(d)
`
`6(d)(i)
`
`6(d)(ii)
`
`controlling at least one of
`said plurality of receiver
`stations on the basis of
`information communicated
`with said signal, said step of
`controlling said at least one
`receiver station comprising
`the steps of:
`inputting to a processor
`some data communicated
`with at least one of said
`signal and said module;
`causing said at least one
`receiver station to establish
`communications with a
`remote station; and
`
`6(d)(iii)
`
`communicating input to
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 17 of 55 PageID #: 4166
`
`
`
`Claim 6
`
`
`
`Claim Language
`said remote station.
`
`Amazon’s Proposed
`Constructions
`indefinite.
`
`PMC’s Proposed
`Constructions
`not indefinite.
`
`- 17 -
`
`
`

`
`Case 1:13-cv-01608-RGA Document 68-1 Filed 09/23/14 Page 18 of 55 PageID #: 4167
`
`
`
`U.S. Patent No. 7,827,587
`
`Amazon’s Proposed
`Constructions
`
`
`
`
`
`PMC’s Proposed
`Constructions
`
`“transmitter station” does
`not require construction.
`
`
`
`“information transmission”
`does not require construction.
`Amazon’s proposed
`constructions of this term are
`inconsistent.
`
`
`
`“remote station” does not
`require construction.
`
`“incomplete processor
`instructions” means
`“processor instructions that
`can be supplemented with
`other instructions.”
`
`
`
`“processor instructions”
`does not require construction.
`
`
`“control signal” should be
`given its plain and ordinary
`meaning.
`
`
`
`“transmitter station” means
`a station that transmits
`television, radio and/or
`broadcast print signals
`simultaneously to a mass of
`subscribers.
`
`“information transmission”
`means a transmission
`containing information that is
`sent simultaneously to all
`transmitter stations in the
`network such that the
`information is the same for
`every transmitter station.
`
`“remote station” means a
`separate station.
`
`“incomplete processor
`instructions” means
`processor instructions that
`