throbber
IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`GROUPCHATTER, LLC,
`
`CIVIL ACTION FILE
`
`
`
`
` NO. 1:16-cv-00486-WSD
`[LEAD CASE]
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`v.
`
`GENERAL ELECTRIC COMPANY,
`GE ENERGY MANAGEMENT
`SERVICES, INC., and GE GRID
`SOLUTIONS, LLC,
`
`
`Defendants.
`
`
`PLAINTIFF’S PRELIMINARY CLAIM
`CONSTRUCTIONS PURSUANT TO
`LOCAL PATENT RULE 6.2
`
`Pursuant to the Court’s Docket Control Order and P.R. 6.2, Plaintiff
`
`
`
`proposes the following preliminary claim constructions and identifies the following
`
`extrinsic evidence. Plaintiff reserves the right not to rely upon any identified
`
`references listed here and to supplement with additional extrinsic evidence based
`
`upon Defendants’ proposed constructions and conferences between the parties.
`
`Subject to any agreement of the parties limiting or focusing the subject
`
`matter or form of expert or percipient witness testimony presented in connection
`
`
`
`1
`
`General Electric Co. 1018 - Page 1
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`with claim construction, Plaintiff may rely upon testimony concerning the level
`
`and perspective of one skilled in the art at the time of the inventions, the ordinary
`
`meaning of claim terms and words used in the patents, the technology described in
`
`the patents-in-suit, operation and function of two-way data networks including
`
`without limitation addressing schemes, multicast, broadcast, and unicast
`
`communication methods, the relevant technical standards including their purpose,
`
`breadth and relevance to the construction issues, and the context of the inventions
`
`claimed in the patents-in-suit.
`
`The substance of testimony by GroupChatter witnesses may also include
`
`background technical information including the state of the art, problems solved by
`
`the claimed subject matter, and technical limitations present at the time of the
`
`inventions. GroupChatter may present witness testimony concerning the
`
`functionality of two-way ReFLEX networks, machine-to-machine communication
`
`networks, command structure, data transmission, and challenges faced in effecting
`
`acknowledged two-way communication at the time of the inventions.
`
`2
`
`General Electric Co. 1018 - Page 2
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`1
`
`Claim Term
`
`Affected Claims
`
`Mobile device
`
`
`959: 1, 2, 3, 8, 10,
`13, 14, 17, 18, 20,
`21, 22, 29, 30
`
`740: 1, 2, 3, 4, 5, 10
`
`207: 1, 2, 3, 8, 9, 11
`
`659: 1, 2, 3, 4, 8,
`10, 11, 12, 13, 16
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`A two way communication device that moves or can be moved
`and establish a connection with the network for any location
`within range
`
`For the 959 Patent asserted claims, “mobile device” is in the
`preamble and is non-limiting.
`
`Extrinsic Evidence
`
`Jun-Zhao Sun and Jaakko Sauvola, On Fundamental Concept
`of Mobility for Mobile Communications, Machine Vision &
`Media Process. Unit, Infotech Oulu, Finland, Sept. 2002,
`available at
`http://ieeexplore.ieee.org/xpl/login.jsp?tp=&arnumber=104733
`2&url=http%3A%2F%2Fieeexplore.ieee.org%2Fiel5%2F8098
`%2F22451%2F01047332.pdf%3Farnumber%3D1047332.
`
`Thomas F. La Porta, Krishan K. Sabnani, Richard D. Gitlin,
`Challenges for Nomadic Computing: Mobility Management
`and Wireless, Mobile Networks and Applications, February
`1996, Vol. 1, Issue 1, pages 3-16, 2002, available at
`
`3
`
`General Electric Co. 1018 - Page 3
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`http://www.cs.bilkent.edu.tr/~korpe/courses/cs515-
`fall2002/papers/challenges-mobile-computing-tom-laporta.pdf
`
`Inverness Medical Switzerland GmbH, et al. v. Princeton
`Biomeditech Corp., 309 F.3d 1365 (Fed. Cir. 2002) (“to make
`movement easier”).
`
`U.S. Patent No. 7,936,163.
`
`Jaydip Sen, Mobility and Handoff Management in Wireless
`Networks, 2010, available at
`https://arxiv.org/ftp/arxiv/papers/1011/1011.1956.pdf (Exhibit
`5)
`
`Deepneel Majumdar, Pragyan Paramita Das, and Maya Nayak,
`Mobility based Real Time Communication in Wireless Sensor
`Networks, Int’l Journal of Computer Applications, March
`2011, available at
`http://www.ijcaonline.org/volume17/number8/pxc3872868.pdf
`(Exhibit 6)
`
`WiseGEEK Mobile Node definition, available at
`
`4
`
`General Electric Co. 1018 - Page 4
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`http://www.wisegeek.com/what-is-a-mobile-node.htm.
`
`Shanzhi Chen, Yan Shi, Bo Hu and Ming Ai, Mobility
`Management, Principle, Technology and Applications,
`available at
`https://books.google.com/books?id=InKADAAAQBAJ&pg=P
`A11&lpg=PA11&dq=nomadic+mobility+network&source=bl
`&ots=1cRBz6Pip1&sig=UbuH-
`pF7baFqnqjYiNb8Dy9gCOY&hl=en&sa=X&ved=0ahUKEwj
`9laSr6-zPAhVH1WMKHc-
`HDfgQ6AEIQTAE#v=onepage&q=nomadic%20mobility%20
`network&f=false
`
`
`
`a specified address used to identify, locate, or communicate
`with a device on a network
`
`
`
`Extrinsic Evidence
`
`Microsoft Computer Dictionary, 5th ed. (2002) (address means
`“A name or token specifying a particular computer or site on
`
`5
`
`2 Assigned primary
`identifying address/
`identifying
`addresses
`
`General Electric Co. 1018 - Page 5
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`the Internet or other network”).
`
`ANSI C12.18, C12.19, C12.21, C12.22 including annexes and
`committee notes.
`
`Motorola ReFLEX Protocol Specification, February 3, 2004
`(GC6769-7100; GC7101-7436).
`
`McGraw-Hill Data Communications Dictionary (1993).
`
`Dispatch/Response Layer Wireless Interface Specification
`(GC6733-43; GC6594-6604; GC6605-6615; GC6640-51).
`
`Report from the IAB Workshop on Routing and Addressing,
`September 2007, available at http://www.rfc-editor.org/in-
`notes/rfc4984.txt (Exhibit 7).
`
`Microsoft Computer Dictionary, 5th ed. (2002) (address means
`“A name or token specifying a particular computer or site on
`the Internet or other network”).
`
`
`
`6
`
`General Electric Co. 1018 - Page 6
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`3
`
`Claim Term
`
`Affected Claims
`
`Group address
`
`959: 1, 2, 3, 8, 10,
`13, 14, 17, 18, 20,
`21, 22, 29, 30
`
`740: 1, 2, 3, 4, 5,
`10, 11, 12, 13, 14,
`15, 16, 20, 21
`
`4
`
`Network client/
`network client
`interface
`
`
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`a common, shared address used to identify or locate a plurality
`of devices on a network that are classified together
`
`Extrinsic Evidence
`
`Microsoft Computer Dictionary, 5th ed. (2002) (address means
`“A name or token specifying a particular computer or site on
`the Internet or other network”).
`
`U.S. Patent No. 4,926,375.
`
`ANSI C12.18, C12.19, C12.21, C12.22 including annexes and
`committee notes.
`
`Motorola ReFLEX Protocol Specification, February 3, 2004
`(GC6769-7100; GC7101-7436).
`
`
`“Network client” means hardware and/or software that
`accesses a service made available by a server. “Network
`client interface” means hardware and/or software connecting
`client and server.
`
`7
`
`General Electric Co. 1018 - Page 7
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`
`Extrinsic Evidence
`
`Microsoft Computer Dictionary, 5th ed. (2002) (client,
`client/server architecture, interface):
`
`client n. 1. In object-oriented programming, a member of a
`class (group) that uses the services of another class to which it
`is not related. See also inheritance (definition 1). 2. A process,
`such as a program or task, that requests a service provided by
`another program—for example, a word processor that calls on
`a sort routine built into another program. The client process
`uses the requested service without having to “know” any
`working details about the other program or the service itself.
`Compare child (definition 1), descendant (definition 2). 3. On a
`local area network or the Internet, a computer that accesses
`shared network resources provided by another computer (called
`a server). See also client/server architecture, server.
`
`client/server architecture n. An arrangement used on LANs
`(local area networks) that makes use of distributed intelligence
`to treat both the server and the individual workstations as
`
`8
`
`General Electric Co. 1018 - Page 8
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`intelligent, programmable devices, thus exploiting the full
`computing power of each. This is done by splitting the
`processing of an application between two distinct components:
`a “front-end” client and a “backend” server. The client
`component is a complete, standalone personal computer (not a
`“dumb” terminal), and it offers the user its full range of power
`and features for running applications. The server component
`can be a personal computer, a minicomputer, or a mainframe
`that provides the traditional strengths offered by
`minicomputers and mainframes in a time-sharing environment:
`data management, information sharing between clients, and
`sophisticated network administration and security features. The
`client and server machines work together to accomplish the
`processing of the application being used. Not only does this
`increase the processing power available over older
`architectures but it also uses that power more efficiently. The
`client portion of the application is typically optimized for user
`interaction, whereas the server portion provides the centralized,
`multiuser functionality. See also distributed intelligence.
`
`9
`
`General Electric Co. 1018 - Page 9
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`5 Acknowledgement
`response
`
`
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`Compare peer-to-peer network.
`
`interface n. 1. The point at which a connection is made
`between two elements so that they can work with each other or
`exchange information. 2. Software that enables a program to
`work with the user (the user interface, which can be a
`command-line interface, menu-driven interface, or a graphical
`user interface), with another program such as the operating
`system, or with the computer’s hardware. See also application
`programming interface, graphical user interface. 3. A card,
`plug, or other device that connects pieces of hardware with the
`computer so that information can be moved from place to
`place. For example, standardized interfaces such as RS-232-C
`standard and SCSI enable communications between computers
`and printers or disks.
`
`response to a message
`
`PCIA PTC Protocol Working Group, Acknowledged Multicast
`Messaging, RFC #054-20040708 (GC1902-1904); RXP
`
`10
`
`General Electric Co. 1018 - Page 10
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`Tracking Changes, RFC #057-20041125 (GC7437-7440).
`
`ReFLEX Exchange Protocol Specification, October 27, 2005
`(GC7447-7539).
`
`U.S. Patent App. No. 13/026,192; U.S. Patent No. 7,589,625.
`
`ANSI C12.18, C12.19, C12.21, C12.22 including annexes and
`committee notes.
`
`Motorola ReFLEX Protocol Specification, February 3, 2004
`(GC6769-7100; GC7101-7436).
`
`McGraw-Hill Data Communications Dictionary (1993).
`
`Dispatch/Response Layer Wireless Interface Specification
`(GC6733-43; GC6594-6604; GC6605-6615; GC6640-51).
`
`
`
`11
`
`General Electric Co. 1018 - Page 11
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`6 Recipient identifier
`
`
`
`
`
`7
`
`Group identifier
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`an identifier used identify, locate, or communicate with a
`recipient
`
`Microsoft Computer Dictionary, 5th ed. (2002) (identifier n.
`Any text string used as a label, such as the name of a procedure
`or a variable in a program or the name attached to a hard disk
`or floppy disk. Compare descriptor.)
`
`ANSI C12.18, C12.19, C12.21, C12.22 including annexes and
`committee notes.
`
`Motorola ReFLEX Protocol Specification, February 3, 2004
`(GC6769-7100; GC7101-7436).
`
`an identifier used to identify, locate, or communicate with a
`plurality of devices on a network that are classified together
`
`Microsoft Computer Dictionary, 5th ed. (2002) (identifier n.
`Any text string used as a label, such as the name of a procedure
`or a variable in a program or the name attached to a hard disk
`or floppy disk. Compare descriptor.)
`
`12
`
`General Electric Co. 1018 - Page 12
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`ANSI C12.18, C12.19, C12.21, C12.22 including annexes and
`committee notes.
`
`Motorola ReFLEX Protocol Specification, February 3, 2004
`(GC6769-7100; GC7101-7436).
`
`8
`
`Memory device
`
`portion of an electronic device that holds data for retrieval
`
`Extrinsic Evidence
`
`American Heritage Dictionary, see Exhibit 1.
`
`
`
`Microsoft Computer Dictionary, 5th ed. (2002) (memory n. A
`device where information can be stored and retrieved. In the
`most general sense, memory can refer to external storage such
`as disk drives or tape drives; in common usage, it refers only to
`a computer’s main memory, the fast semiconductor storage
`(RAM) directly connected to the processor. See also core,
`EEPROM, EPROM, flash memory, PROM, RAM, ROM.
`Compare bubble memory, mass storage.)
`
`13
`
`General Electric Co. 1018 - Page 13
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`9
`
`Claim Term
`
`Affected Claims
`
`wireless
`communication
`network interface
`
`959: 30
`
`10
`
`Recipient
`
`11 Indication that the
`message was read
`
`959: 1, 2, 3, 8, 10,
`13, 14, 17, 18, 20,
`21, 22, 29, 30
`
`740: 1, 2, 3, 4, 5,
`10, 20, 21
`
`207: 1, 2, 3, 8, 9, 11
`
`659: 1, 2, 3, 4, 8,
`10, 11, 12, 13, 16
`959: 1, 2, 3, 8, 10,
`13, 14, 17, 18, 20,
`21, 22, 29, 30
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`hardware and/or software connecting to wireless data network
`
`Extrinsic Evidence
`
`Exhibit 1 (American Heritage Dictionary)
`
`No construction necessary.
`
`Alternatively, the plain and ordinary meaning in context of the
`patents-in-suit is a machine or user at an endpoint
`corresponding to a particular primary address or group
`address(es).
`
`No construction necessary.
`
`12 broadcasting the
`message to the
`
`959: 1, 2, 3, 8, 10,
`13, 14, 17, 18, 20,
`
`No construction necessary.
`
`14
`
`General Electric Co. 1018 - Page 14
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`
`21, 22, 29, 30
`
`Extrinsic Evidence
`
`ANSI C12.18, C12.19, C12.21, C12.22 including annexes and
`committee notes.
`
`Motorola ReFLEX Protocol Specification, February 3, 2004
`(GC6769-7100; GC7101-7436).
`
`
`
`No construction necessary.
`
`No construction necessary.
`
`959: 1, 2, 3, 8, 10,
`13, 14, 17, 18, 20,
`21, 22, 29, 30
`959: 1, 2, 3, 8, 10,
`13, 14, 17, 18, 20,
`21, 22, 29, 30
`
`selected group
`address / broadcast
`the message to the
`selected group
`address
`
`13 alert / alert status /
`alert status indicator
`
`14 storing ... the
`respective recipient
`identifying
`information for
`each recipient and a
`corresponding
`message alert status
`indicator / store...a
`recipient identifier
`and a corresponding
`
`15
`
`General Electric Co. 1018 - Page 15
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`
`message alert status
`indicator
`15 a corresponding
`encryption key for
`each of a number of
`group addresses
`
`959: 14
`
`No construction necessary.
`
`Extrinsic Evidence
`
`SPL Specification (GC6661-6678).
`
`
`
`16 group encryption
`keys
`
`959: 18
`
`No construction necessary.
`
`Extrinsic Evidence
`
`SPL Specification (GC6661-6678).
`
`17
`
`an encryption key
`assigned to the
`selected group
`address
`
`959: 21
`
`No construction necessary.
`
`Extrinsic Evidence
`
`SPL Specification (GC6661-6678).
`
`18
`
`the paging network
`
`959: 29
`
`No construction necessary.
`
`16
`
`General Electric Co. 1018 - Page 16
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`19
`
`the user
`
`20
`
`21
`
`customizing
`handling by a
`selected recipient of
`messages
`the recipients
`providing status
`information in the
`responses to convey
`status of multiple
`recipients in the
`group
`corresponding to
`the selected group
`address to the
`network client
`22 wherein the
`transmitting step
`comprises the step
`of immediately
`replying to the
`
`959: 3
`
`959: 2
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`No construction necessary.
`
`No construction necessary.
`
`959: 8
`
`No construction necessary.
`
`See claim term 3 above.
`
`959: 20
`
`No construction necessary.
`
`See claim term 3 above.
`
`17
`
`General Electric Co. 1018 - Page 17
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`
`communication
`from the network
`client requesting
`wireless
`transmission of the
`message to the
`selected group
`address with the
`identifying
`addresses of the
`recipients having
`the selected group
`address
`
`23
`
`responder device
`
`24
`
`group message
`
`740: 11, 12, 13, 14,
`15, 16, 20, 21
`740: 1, 2, 3, 4, 5,
`10,11, 12, 13, 14,
`15, 16, 20, 21
`
`No construction necessary.
`
`No construction necessary.
`
`See claim term 3 above.
`
`18
`
`General Electric Co. 1018 - Page 18
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`
`207: 1, 2, 3, 8, 9, 11
`
`
`
`25
`
`group-specific
`address
`
`26 monitoring for
`responses to the
`group message
`
`27 group-specific
`addresses
`corresponding to
`each of respective
`groups of recipients
`28 storing/store
`acknowledgement
`data in the memory
`
`659: 1, 2, 3, 4, 8,
`10, 11, 12, 13, 16
`
`740: 1, 2, 3, 4, 5,
`10, 11, 12, 13, 14,
`15, 16, 20, 21
`
`See claim term 3 above.
`
`
`
`740: 1, 2, 3, 4, 5, 10
`
`No construction necessary.
`
`207: 1, 2, 3, 8, 9, 11
`
`659: 1, 2, 3, 4, 8,
`10, 11, 12, 13, 16
`
`740: 1, 2, 3, 4, 5,
`10, 11, 12, 13, 14,
`15, 16, 20, 21
`
`740: 1, 2, 3, 4, 5,
`10, 11, 12, 13, 14,
`15, 16, 20, 21
`
`See claim term 3 above.
`
`
`
`See claim term 8 above.
`
`
`
`19
`
`General Electric Co. 1018 - Page 19
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`device for each of
`the group members
`
`207: 1, 2, 3, 8, 9, 11
`
`659: 1, 2, 3, 4, 8,
`10, 11, 12, 13, 16
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`
`28 synchronizing data
`stored in each
`mobile device
`
`29 synchronize data
`stored in each
`responder
`
`30 wherein at least one
`of providing and
`synchronizing are
`performed
`
`740: 10
`
`See claim terms 1and 8 above.
`
`
`
`740: 20, 21
`
`See claim terms 1and 8 above.
`
`
`
`740: 2
`
`No construction necessary.
`
`
`31 wirelessly
`transmitting a group
`message /
`
`207: 1, 2, 3, 8, 9, 11
`
`No construction necessary.
`
`659: 1, 2, 3, 4, 8,
`
`20
`
`General Electric Co. 1018 - Page 20
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Claim Terms that Either Party Requests the Court to Construe
`
`
`
`Claim Term
`
`Affected Claims
`
`GroupChatter’s Proposed Construction and Extrinsic
`Evidence
`
`10, 11, 12, 13, 16
`
`207: 1, 2, 3, 8, 9,
`11
`
`659: 1, 2, 3, 4, 8,
`10, 11, 12, 13, 16
`
`740: 1, 2, 3, 4, 5,
`10, 11, 12, 13, 14,
`15, 16, 20, 21
`
`659: 1, 2, 3, 4, 8
`
`wirelessly transmit
`a group message
`32 providing the
`mobile device ...
`with at least a
`subset of the data
`stored in the
`memory device /
`mobile device ... is
`provided with at
`least a subset
`
`33
`
`broadcast group
`message /
`broadcasting a
`group message
`
`
`
`See claim terms 1and 8 above.
`
`
`
`Extrinsic Evidence
`
`ANSI C12.18, C12.19, C12.21, C12.22 including annexes and
`committee notes.
`
`Motorola ReFLEX Protocol Specification, February 3, 2004
`(GC6769-7100; GC7101-7436).
`
`21
`
`General Electric Co. 1018 - Page 21
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`
`
`Number
`
`34
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶61
`U.S. Patent No. 7,969,959
`Affected
`Claims
`
`Claim Term
`
`Plaintiff: Corresponding Structure
`
`[at least one of] a memory device and an
`interface to an external memory device for
`storing for each recipient an assigned
`primary identifying address and one or
`more group addresses that are shared with
`selected ones of the other recipients
`
`memory 32 (FIG. 6);
`
`memory 36 (FIG. 6);
`
`database 18 (FIG. 6) or
`
`See, e.g.,
`cl. 30
`
`receiver database 18 (FIG. 1, FIG. 2)
`
`35
`
`
`
`a network client interface for receiving a
`communication from a network client
`requesting wireless transmission of a
`message to recipients sharing a selected
`one of the group addresses
`
`See, e.g.,
`cl. 30
`
`hardware and/or software at the switch 12
`(FIG 1)
`
`36
`
`a wireless communication network
`interface for communicating with the
`
`See, e.g.,
`cl. 30
`
`Network interface 30 connecting to Rx/Tx
`Antenna (FIG. 6)
`
`
`1 GroupChatter does not contend or agree that these terms are in means-plus-function format.
`
`22
`
`General Electric Co. 1018 - Page 22
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Number
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶61
`U.S. Patent No. 7,969,959
`Affected
`Claims
`
`Claim Term
`
`Plaintiff: Corresponding Structure
`
`switch 12 (FIG. 1);
`
`SPARKGAP network controller; server 12’
`(FIG. 3, FIG. 4);
`
`SPARKGAP server 12’a (FIG. 5)
`SPARKGAP server 12’b (FIG. 5);
`
`Frame Link Radio Telephone (FIG. 5); or
`
`receiver and transmitter (FIG. 5)
`
`processor 34, SDP, DRL and/or SparkGap
`
`recipients via a wireless communication
`network
`
`37
`
`a processing device . . . being programmed
`to transmit . . . store . . . broadcast . . .
`receive . . . store . . . and provide at least
`one of the acknowledgment responses and
`the stored message alert status indicator
`for each of the recipients to the network
`client to determine message alert status
`for each of the recipients in the group
`
`See, e.g.,
`cl. 30
`
`23
`
`General Electric Co. 1018 - Page 23
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`Number
`
`
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶61
`U.S. Patent No. 7,969,959
`Affected
`Claims
`
`Claim Term
`
`Plaintiff: Corresponding Structure
`
`corresponding to the selected group
`address including at least identifying
`which of the recipients received the
`message and which of the recipients have
`not yet received the message. (including
`language covered by the ellipsis)
`
`24
`
`General Electric Co. 1018 - Page 24
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶6
`U.S. Patent No. 8,199,740
`
`Number
`
`Claim Term
`
`Affected
`Claims
`
`Plaintiff: Corresponding
`Structure
`memory 32 (FIG. 6);
`
`38
`
`39
`
`a memory device configured to store a device- specific
`identifying address for each of a plurality of responder
`devices, a group-specific address corresponding to each of
`respective groups of responder devices
`
`See, e.g.,
`cls. 11,
`12, 20,
`21
`
`memory 36 (FIG. 6);
`
`database 18 (FIG. 6); or
`
`receiver database 18 (FIG.
`1, FIG. 2)
`
`a control module comprising a processing device that is
`configured to access the memory device and is
`programmed to wirelessly broadcast . . . monitor . . . and
`store acknowledgement data in the memory device for
`each of the group members, the acknowledgement data
`comprising a listing of each of the group members and an
`indication of response for each of the group members, the
`indication of response comprising at least one of an
`indication of no response when that group member has not
`yet responded to the group message, and an indication of
`
`See, e.g.,
`cls. 11,
`12, 13,
`14, 15,
`16, 20,
`21
`
`server;
`
`switch 12 or 12’ (FIG. 6);
`
`switch 12 (FIG. 1);
`
`SPARKGAP network
`controller, DRL, SDP;
`
`server 12’ (FIG. 3, FIG.
`
`25
`
`General Electric Co. 1018 - Page 25
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶6
`U.S. Patent No. 8,199,740
`
`Affected
`Claims
`
`Plaintiff: Corresponding
`Structure
`
`4);
`
`SPARKGAP server 12’a
`(FIG. 5);
`
`SPARKGAP server 12’b
`(FIG. 5)
`
`
`
`Number
`
`Claim Term
`
`response when a response sent by the responder device of
`that group member has been received (including language
`covered by the ellipsis)
`
`26
`
`General Electric Co. 1018 - Page 26
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶6
`U.S. Patent No. 8,588,207
`
`Number
`
`Claim Term
`
`40
`
`a memory device configured to store a recipient
`identifier . . . a group identifier . . . and group
`membership data . . . . (including language covered by
`the ellipsis)
`
`Affected
`Claims
`
`Plaintiff: Corresponding
`Structure
`
`memory 32 (FIG. 6);
`
`memory 36 (FIG. 6);
`
`See, e.g.,
`cls. 8, 11
`
`database 18 (FIG. 6); or
`
`receiver database 18 (FIG. 1,
`FIG. 2)
`
`27
`
`General Electric Co. 1018 - Page 27
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶6
`U.S. Patent No. 8,588,207
`
`Number
`
`Claim Term
`
`Affected
`Claims
`
`Plaintiff: Corresponding
`Structure
`
`41
`
`a control module comprising at least one processing
`device that is configured to access the memory device
`and is programmed to
`
`wirelessly transmit . . . monitor . . . and store
`acknowledgement data in the memory device for each
`of the group members, the acknowledgement data
`comprising a listing of each of the group members and
`an indication of response for each of the group
`members, the indication of response comprising at least
`one of an indication of no response when that group
`member has not yet responded to the group message,
`and an indication of response when a response sent by
`the recipient device of that group member has been
`received (including language covered by the ellipsis)
`
`See, e.g.,
`cls. 8, 9,
`11
`
`server or switch 12 or 12’
`(FIG. 6);
`
`switch 12 (FIG. 1);
`
`SPARKGAP network
`controller, SDP, DRL;
`
`server 12’ (FIG. 3, FIG. 4);
`
`SPARKGAP server 12’a (FIG.
`5); or
`
`SPARKGAP server 12’b (FIG.
`5)
`
`
`
`
`
`28
`
`General Electric Co. 1018 - Page 28
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`
`
`List of Claim Elements Governed by 35 U.S.C. §112, ¶6
`U.S. Patent No. 9,014,659
`
`Number
`
`Claim Term
`
`a memory device configured to store a recipient
`identifier . . . a group identifier corresponding to each
`of respective groups of recipients . . . and group
`membership data . . . (including language covered by
`the ellipsis)
`
`42
`
`43
`
`Affected
`Claims
`
`Plaintiff: Corresponding
`Structure
`
`memory 32 (FIG. 6);
`
`memory 36 (FIG. 6);
`
`See, e.g., cls. 10,
`16
`
`database 18 (FIG. 6); or
`
`receiver database 18 (FIG.
`1, FIG. 2)
`
`server or switch 12 or 12’
`(FIG. 6);
`
`switch 12 (FIG. 1);
`
`SPARKGAP network
`controller, DRL, SDP;
`
`server 12’ (FIG. 3, FIG.
`
`a control module comprising at least one processing
`device that is configured to access the memory device
`and is programmed to wirelessly transmit . . . monitor
`. . . store acknowledgement data . . . determine . . .
`and wirelessly transmit the message to the at least one
`recipient. (including language covered by the ellipsis)
`
`See, e.g., cls. 10,
`11, 12, 13, 16
`
`29
`
`General Electric Co. 1018 - Page 29
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`4);
`
` SPARKGAP server 12’a
`(FIG. 5); or
`
`SPARKGAP server 12’b
`(FIG. 5)
`
`
`
`
`
`30
`
`General Electric Co. 1018 - Page 30
`
`

`
`
`
`
`Date: October 21, 2016
`
`
`
`
`Respectfully submitted,
`
`TAYLOR DUNHAM AND RODRIGUEZ LLP
`301 Congress Ave., Suite 1050
`Austin, Texas 78701
`512.473.2257 Telephone
`512.478.4409 Facsimile
`
`
`By:
`
`
`
`
`
`
`Cabrach J. Connor
`
`Daniel A. Kent
`Georgia Bar Number 415110
`dankent@kentrisley.com
`KENT & RISELY LLC
`555 N Point Ctr E Ste 400
`Alpharetta, GA 30022
`Tel: (404) 585-4214
`Fax: (404) 829-2412
`
`Cabrach J. Connor
`State Bar No. 24036390
`Email: cconnor@taylordunham.com
`David E. Dunham
`State Bar No. 06227700
`Email: ddunham@taylordunham.com
`Jennifer Tatum Lee
`State Bar No. 24046950
`Email: jtatum@taylordunham.com
`TAYLOR DUNHAM AND RODRIGUEZ LLP
`301 Congress Ave., Suite 1050
`Austin, Texas 78701
`512.473.2257 Telephone
`
`31
`
`General Electric Co. 1018 - Page 31
`
`

`
`October 21, 2016
`Plaintiff’s 6.2 Disclosures
`
`
`512.478.4409 Facsimile
`
`ATTORNEYS FOR PLAINTIFF
`
`32
`
`General Electric Co. 1018 - Page 32

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