Case 1:07-mc-00493-RMC Document 629 Filed 05/13/16 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
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`
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`IN RE PAPST LICENSING GMBH & CO.
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`KG PATENT LITIGATION
`
`The Document Relates To:
`
`Misc. Action No. 07-493 (RMC)
`
`MDL No. 1880
`
`FIRST WAVE CASES: Nos. 07-CV-1118,
`07-CV-1222, 07-CV-2086, 07-CV-2087,
`07-CV-2088, 08-CV-985
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`
`
`
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Pursuant to the Court’s Tenth Practice and Procedure Order (D.I. 628, ¶ 5), and Patent
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`L.R. 4-3, Papst Licensing GmbH & Co. KG (“Papst”) and the First Wave Camera Manufacturers
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`(“CMs”) submit the following Joint Claim Construction Statement concerning U.S. Patent Nos.
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`6,470,399, 6,895,449, 8,504,746, and 8,966,144 (collectively, the “Patents-in-Suit”).
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`Agreed-Upon Constructions
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`
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`Pursuant to Patent Local Rule 4-3(a), the chart attached as Exhibit A to this statement sets
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`forth the parties’ agreement as to the proper construction for certain claim terms from the
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`Patents-in-Suit, and terms previously identified in D.I. 625 for which the parties have agreed no
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`construction is necessary.
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`Disputed Constructions
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`
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`Pursuant to Patent Local Rule 4-3(b), the chart attached as Exhibit A also contains the
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`parties’ proposed constructions for those terms that are in dispute. In addition, the charts
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`attached as Exhibits B and C to this statement contain, respectively, Papst’s and the CMs’
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`Canon Exhibit 1205
`Page 1
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`HUAWEI EX. 1205 - 1/63
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`Case 1:07-mc-00493-RMC Document 629 Filed 05/13/16 Page 2 of 5
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`proposed constructions for the disputed terms, together with their identification of references
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`from the specification or prosecution history that support their respective constructions, and an
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`identification of extrinsic evidence upon which each party intends to rely to support its claim
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`construction positions.
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`Most Significant Terms
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`
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` The parties have narrowed the claim construction dispute to eleven (11) terms from the
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`Old Patents and six (6) terms from the New Patents. Pursuant to the Court’s Ninth Practice and
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`Procedure Order (D.I. 608 at 6), the parties previously identified the ten terms from the New
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`Patents most significant to resolution of the case. (D.I. 625.)
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`Length of the Claim Construction Hearing
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`
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`The Court has scheduled two days for the Claim Construction Hearing. (D.I. 628 at 4.)
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`Witnesses
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`The parties each intend to call one witness at the Claim Construction Hearing. Papst
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`intends to call its expert Mr. Robert Zeidman. The CMs intend to call their expert Dr. John
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`Levy. Pursuant to the Tenth Practice and Procedure Order (D.I. 628 at 3-4), the parties will
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`disclose the witnesses’ opinions and substance of their testimony with their respective claim
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`construction briefs.
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`
`Date: May 13, 2016
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`Respectfully submitted,
`
`
`
`
`
`/s/ Jonas R. McDavit
`Jonas R. McDavit
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`(212) 351-3400
`
`Attorneys for Papst Licensing GmbH & Co. KG
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`
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`2
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`Canon Exhibit 1205
`Page 2
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`HUAWEI EX. 1205 - 2/63
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`Case 1:07-mc-00493-RMC Document 629 Filed 05/13/16 Page 3 of 5
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`/s/ Rachel M. Capoccia
`Rachel M. Capoccia
`JEFFER MANGELS BUTLER & MITCHELL LLP
`1900 Avenue of the Stars, 7th Floor
`Los Angeles, CA 90067
`(310) 203-8080
`
`Attorneys for Panasonic Corporation (f/k/a
`Matsushita Electric Industrial Co., Ltd.),
`JVCKENWOOD Corporation (f/k/a Victor
`Company of Japan, Ltd.), Panasonic Corporation of
`North America, and JVC Company of America
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`
` /s/ Steven J. Routh
`Steven J. Routh
`Sten A. Jensen
`John R. Inge
`T. Vann Pearce, Jr.
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1152 15th Street, N.W.
`Washington, DC 20005
`(202) 339-8400
`
`Attorneys for FUJIFILM Corporation and
`FUJIFILM North America Corporation
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`
` /s/ Patrick J. Kelleher
`Patrick J. Kelleher
`DRINKER BIDDLE & REATH LLP
`191 North Wacker Drive
`Suite 3700
`Chicago, IL 60606-1698
`(312) 569-1375
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`Attorneys for Samsung Techwin Co., Ltd. And
`Samsung Opto-Electronics America, Inc.
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`
` /s/ David L. Witcoff
`David L. Witcoff
`Marc S. Blackman
`JONES DAY
`77 W. Wacker Drive
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`3
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`Canon Exhibit 1205
`Page 3
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`HUAWEI EX. 1205 - 3/63
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`Case 1:07-mc-00493-RMC Document 629 Filed 05/13/16 Page 4 of 5
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`Chicago, Illinois 60601
`(312) 782-3939
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`Attorneys for Nikon Corporation and Nikon Inc.
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` /s/ Richard de Bodo
`Richard de Bodo
`Andrew V. Devkar
`MORGAN, LEWIS & BOCKIUS LLP
`The Water Garden
`Suite 2050 North
`1601 Cloverfield Boulevard
`Santa Monica, CA 90404-4082
`(310) 255-9070
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`Attorneys for Olympus Corporation and Olympus
`Imaging America Inc.
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`4
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`Canon Exhibit 1205
`Page 4
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`Case 1:07-mc-00493-RMC Document 629 Filed 05/13/16 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that the foregoing was electronically filed with the Clerk of the Court for
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`the District of Columbia and served on all counsel of record via the CM/ECF system on May 13,
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`2016.
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`By:
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`/s/ Jonas McDavit
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`Canon Exhibit 1205
`Page 5
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`HUAWEI EX. 1205 - 5/63
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 1 of 13
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`EXHIBIT A
`
`Undisputed Terms
`
`The ʼ399 and ʼ449 Patents:
`
`Term
`
`Claims
`
`Agreed-Upon Construction
`
`“interface device”
`
`ʼ399 Patent claims 1, 3, 5, 11, 14
`
`No construction necessary
`
`ʼ449 Patent claims 1, 2, 6, 7, 8, 9, 12, 13,
`15, 16, 17, 18
`
`“data transmit/receive device”
`
`ʼ399 Patent claims 1, 3, 11, 14
`
`ʼ449 Patent claims 1, 2, 16, 17, 18
`
`“A device that is capable of either (a)
`transmitting data or (b) transmitting data
`and receiving data”
`
`1
`
`
`
`
`
`
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`Canon Exhibit 1205
`Page 6
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`HUAWEI EX. 1205 - 6/63
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 2 of 13
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`EXHIBIT A
`
`The ʼ144 and ʼ746 Patents (undisputed terms):
`
`Claims
`ʼ144 Patent claims 1, 84, 86
`ʼ746 Patent claim 1
`ʼ144 Patent claims 1, 84
`
`Agreed-Upon Construction
`No construction necessary
`
`No construction necessary
`
`No construction necessary, except to the
`extent these terms contain other terms for
`which constructions are offered
`
`'746 Patent claim 1
`
`
`
`'144 Patent claims 1, 84, 86
`
`
`
`'746 Patent claim 31
`
`2
`
`Term
`“program memory”
`
`the
`
`identity of
`the
`“regardless of
`manufacturer of the computer”
`
`“a processor operatively interfaced with
`the multipurpose interface of the computer,
`the program memory, and a data storage
`memory when the analog data acquisition
`device is operational”
`
`
`“a processor operatively interfaced with
`the i/o port, the program memory, the data
`storage memory, and the sensor”
`
`
`“a processor configured to operatively
`interface with a memory, an analog source,
`and a multi-purpose interface of the host
`device”
`
`
`
`
`
`
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`Canon Exhibit 1205
`Page 7
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`HUAWEI EX. 1205 - 7/63
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 3 of 13
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`EXHIBIT A
`
`Disputed Terms and Proposed Constructions
`
`The ʼ399 and ʼ449 Patents:
`
`No.
`
`Term (’399/’449 Patents)
`
`Claims
`
`Papst’s Proposed Construction
`
`CMs’ Proposed Construction
`
`Subject to §112(6)
`
`Function: interfacing the interface
`device with the data transmit/receive
`device
`
`Structure: 15xx structures as
`described at ’399, col. 9:49-64 and
`Fig. 2
`
`
`“a component or group of
`components for interfacing the
`interface device with the data
`transmit/receive device”
`
`The Camera Manufacturers (“CMs”)
`contend that this term should be
`construed under 35 U.S.C. §112 ¶ 6.
`Papst disagrees that this is a term
`that should be interpreted under 35
`U.S.C. §112 ¶ 6. To the extent that
`the Court determines that this term
`should be construed under that
`provision, Papst contends that the
`following construction should apply.
`
`
`Function: interfacing the interface
`device with the data transmit/receive
`device
`
`Structure: Fig. 1 and associated text
`(ʼ399 and ʼ449 Patents)
`
`
`ʼ399 Patent:
`1, 11, 14;
`
`
`
`ʼ449 Patent:
`1, 16, 17, 18
`
`1
`
`“second connecting device”
`
`
`
`3
`
`Canon Exhibit 1205
`Page 8
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`HUAWEI EX. 1205 - 8/63
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 4 of 13
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`EXHIBIT A
`
`No.
`
`Term (’399/’449 Patents)
`
`Claims
`
`Papst’s Proposed Construction
`
`CMs’ Proposed Construction
`
`“[input/output] [storage] device
`normally part of commercially
`available computer systems at the
`time of the invention”
`
`“drivers normally part of
`commercially available computer
`systems at the time of the invention,
`for the [input/output][storage]
`device”
`
`
`“driver normally part of
`commercially available computer
`systems at the time of the invention,
`for the [input/output][storage]
`device”
`
`
`’399: “a data input/output device
`normally part of commercially
`available computer systems”
`
`’449: “a storage device normally
`part of commercially available
`computer systems”
`
`“the set of software routines used to
`direct a data [input/output device]
`[storage device] normally part of
`commercially available computer
`systems”
`
`“the set of software routines used to
`direct a data [input/output device]
`[storage device] normally part of
`commercially available computer
`systems”
`
`ʼ399 Patent:
`1, 11, 14
`
`
`
`ʼ449 Patent:
`1, 17, 18
`
`ʼ399 Patent:
`1, 14, 15
`
`ʼ449 Patent: 1,
`18
`
`
`
`ʼ399 Patent: 14
`
`ʼ449 Patent:
`18
`
`
`
`“input/output device
`customary in a host device”
`“storage device customary in
`a host device”
`
`“driver[s] for the
`[input/output][storage]
`device customary in a host
`device”
`
`“usual driver for the
`[input/output][storage]
`device”
`
`4
`
`2
`
`3
`
`4
`
`
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`Canon Exhibit 1205
`Page 9
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`HUAWEI EX. 1205 - 9/63
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 5 of 13
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`EXHIBIT A
`
`No.
`
`Term (’399/’449 Patents)
`
`Claims
`
`Papst’s Proposed Construction
`
`CMs’ Proposed Construction
`
`Subject to §112(6)
`
`Function: interfacing the host
`device with the interface device via
`the multi-purpose interface of the
`host device.
`
`Structure: 12xx structures as
`described at ‘399, col. 9:30-48 and
`Fig. 2.
`
`
`“a component or group of
`components for interfacing the
`interface device with host device”
`
`
`The CMs contend that this term
`should be construed under 35 U.S.C.
`§112 ¶ 6. Papst disagrees that this is
`a term that should be interpreted
`under 35 U.S.C. §112 ¶ 6. To the
`extent that the Court determines that
`this term should be construed under
`that provision, Papst contends that
`the following construction should
`apply:
`
`Function: interfacing the host
`device with the interface device via
`the multi-purpose interface of the
`host device
`
`
`Structure: Fig. 1 and associated text
`(ʼ399 and ʼ449 Patents)
`
`
`
`5
`
`5
`
`“first connecting device”
`
`ʼ399 Patent:
`1, 11, 14
`
`ʼ449 Patent:
`1, 16, 17, 18
`
`
`
`
`
`
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`Canon Exhibit 1205
`Page 10
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`HUAWEI EX. 1205 - 10/63
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 6 of 13
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`EXHIBIT A
`
`No.
`
`Term (’399/’449 Patents)
`
`Claims
`
`Papst’s Proposed Construction
`
`CMs’ Proposed Construction
`
`6
`
`“first command interpreter”
`
`ʼ399 Patent:
`1, 11
`
`
`
`Subject to §112(6)
`
`Function: when receiving an inquiry
`from the host device as to a type of a
`device attached to the multi-purpose
`interface of the host device, sends a
`signal, regardless of the type of the
`data transmit/receive device attached
`to the second connecting device of
`the interface device, to the host
`device which signals to the host
`device that it is an input/output
`device customary in a host device,
`whereupon the host device
`communicates with the interface
`device by means of the [driver for
`the input/output device customary in
`a host device] [specific driver for the
`multi-purpose interface]
`
`Structure: No algorithm, source
`code, or flow chart is disclosed for
`performing the recited function,
`therefore the term is indefinite.
`
`No further construction necessary.
`
`In the alternative: “A computer
`program that translates and executes
`each statement or construct of a
`computer program before translating
`and executing the next”
`
`The CMs contend that this term
`should be construed under 35 U.S.C.
`§112 ¶ 6. Papst disagrees that this is
`a term that should be interpreted
`under 35 U.S.C. §112 ¶ 6. To the
`extent that the Court determines that
`this term should be construed under
`that provision, Papst contends that
`the following construction should
`apply.
`
`Function: when receiving an
`inquiry from the host device as to a
`type of a device attached to the
`multi-purpose interface of the host
`device, sends a signal, regardless of
`the type of the data transmit/receive
`device attached to the second
`connecting device of the interface
`device, to the host device which
`signals to the host device that it is an
`input/output device customary in a
`host device, whereupon the host
`
`6
`
`Canon Exhibit 1205
`Page 11
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 7 of 13
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`EXHIBIT A
`
`No.
`
`Term (’399/’449 Patents)
`
`Claims
`
`Papst’s Proposed Construction
`
`CMs’ Proposed Construction
`
`device communicates with the
`interface device by means of the
`[driver for the input/output device
`customary in a host device] [specific
`driver for the multi-purpose
`interface]
`
`Structure: ʼ399 Patent Fig. 1; 6:19-
`26, 6:48-55
`
`
`
`
`7
`
`Canon Exhibit 1205
`Page 12
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 8 of 13
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`EXHIBIT A
`
`No.
`
`Term (’399/’449 Patents)
`
`Claims
`
`Papst’s Proposed Construction
`
`CMs’ Proposed Construction
`
`Subject to §112(6)
`
`Function: interpret a data request
`command from the host device to
`the type of input/output device
`signaled by the first command
`interpreter as a data transfer
`command for initiating a transfer of
`the digital data to the host device
`
`Structure: No algorithm, source
`code, or flow chart is disclosed for
`performing the recited function,
`therefore the term is indefinite.
`
`
`
`No further construction necessary.
`
`In the alternative: “A computer
`program that translates and executes
`each statement or construct of a
`computer program before translating
`and executing the next.”
`
`The CMs contend that this term
`should be construed under 35 U.S.C.
`§112 ¶ 6. Papst disagrees that this is
`a term that should be interpreted
`under 35 U.S.C. §112 ¶ 6. To the
`extent that the Court determines that
`this term should be construed under
`that provision, Papst contends that
`the following construction should
`apply:
`
`Function: interpret a data request
`command from the host device to
`the type of input/output device
`signaled by the first command
`interpreter as a data transfer
`command for initiating a transfer of
`the digital data to the host device
`
`
`Structure: ʼ399 Patent Fig. 1; 6:19-
`26, 6:48-55
`
`8
`
`
`
`7
`
`“second command
`interpreter”
`
`ʼ399 Patent:
`1, 11
`
`
`
`Canon Exhibit 1205
`Page 13
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 9 of 13
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`EXHIBIT A
`
`No.
`
`Term (’399/’449 Patents)
`
`Claims
`
`Papst’s Proposed Construction
`
`CMs’ Proposed Construction
`
`“the data as it is output by the analog
`to digital converter without any
`additional processing”
`
`“sends a signal to the host device in
`response to the inquiry that mis-
`identifies the class of the device
`connected to the host device as [an
`input/output device] [a storage
`device] customary in a host device”
`
`“responding to the inquiry from the
`host device by the interface device
`by mis-identifying the class of the
`device connected to the host device
`as [an input/output device] [a
`storage device] customary in a host
`device”
`“emulating a real file system,
`including a directory structure, such
`that the host device can use its
`native driver to access data even if
`the data is not actually on a device
`for which the native driver was
`designed”
`
`
`8
`
`“the digital data”
`
`ʼ399 Patent: 1,
`11, 14
`
`
`No further construction necessary.
`
`
`“sends a signal . . . which
`signals to the host device that
`it is [an input/output device]
`[a storage device] customary
`in a host device”
`
`
`ʼ399 Patent:
`1, 11
`
`ʼ449 Patent:
`1, 17
`
`No construction necessary apart
`from [an input/output device] [a
`storage device] customary in a host
`device.
`
`“responding to the inquiry
`from the host device by the
`interface device in such a
`way that it is [an input/output
`device] [a storage device]
`customary in a host device”
`
`“simulating a virtual file
`system”
`
`ʼ399 Patent:
`14
`
`ʼ449 Patent:
`18
`
`No construction necessary apart
`from [an input/output device] [a
`storage device] customary in a host
`device.
`
`ʼ449 Patent: 1,
`17, 18
`
`
`“appearing to be a system of files on
`a hard disk drive”
`
`
`
`
`9
`
`9
`
`10
`
`11
`
`
`
`
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`Canon Exhibit 1205
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 10 of 13
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`EXHIBIT A
`
`The ʼ144 and ʼ746 Patents:
`
`No.
`
`Term (’144/’746 Patents)
`
`Claims
`
`Papst's Proposed Construction
`
`CMs’ Proposed Construction
`
`Ordinary meaning
`
`
`
`
`
`ʼ144 Patent:
`1, 84, 86
`
`ʼ746 Patent:
`1, 17, 31, 34
`
`“Without requiring the end user to
`install or load specific drivers or
`software for the [ADGPD/analog
`data acquisition device/analog data
`acquisition and interface device]
`beyond that included in the
`operating system or BIOS”
`
`12
`
`13
`
`“without requiring any end
`user to load any software
`onto the [first/second]
`computer at any time”
`
`“without requiring any user-
`loaded file transfer enabling
`software to be loaded on or
`installed in the
`[computer/host device] [at
`any time]”
`
`“whereby there is no
`requirement for any user-
`loaded file transfer enabling
`software to be loaded on or
`installed in the computer in
`addition to the operating
`system”
`“automatic recognition
`process”
`
`ʼ144 Patent:
`1, 84, 86
`
`“process by which the computer
`recognizes the ADGPD upon
`connection with the computer
`without requiring any user
`intervention other than to start the
`process”
`
`“a set of software routines normally
`part of commercially available
`computer systems”
`
`10
`
`“a recognition process between the
`ADGPD and host device that occurs
`without any end user intervention”
`
`
`“driver normally part of
`commercially available computer
`systems at the time of the invention”
`
`14
`
`“customary driver”
`
`ʼ144 Patent:
`1, 84, 86
`
`
`
`Canon Exhibit 1205
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`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 11 of 13
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`EXHIBIT A
`
`
`
`No.
`
`Term (’144/’746 Patents)
`
`Claims
`
`Papst's Proposed Construction
`
`CMs’ Proposed Construction
`
`Subject to §112(6)
`
`Function: wherein the processor is
`[adapted to be involved in]
`[configured to control] [a data
`generation process, an automatic
`recognition process, and an
`automatic file transfer process . . .];
`see following claim language for full
`text of function: ʼ144, claim 1: col.
`11:66-12:36; ʼ144, claim 84: 16:20-
`17:4, 17:11-21; ʼ144, claim 86: col.
`17:34-18:18, 18:24-45; ʼ746, claim
`1: col. 11:65-12:23; ʼ746, claim 31:
`col. 14:22-44; ʼ746, claim 34: col.
`15:21-16:17.
`
`Structure: No algorithm, source
`code, or flow chart is disclosed for
`performing the recited functions or
`steps, therefore the term is
`indefinite.
`
`“any kind of microprocessor,
`including a digital signal processor”
`
`The Camera Manufacturers contend
`that this term is governed by 35
`U.S.C. § 112 ¶ 6. Papst disagrees
`that this is a term that should be
`interpreted under 35 U.S.C. §112 ¶
`6. To the extent that the Court
`determines that this term should be
`construed under that provision, Papst
`contends that the following
`construction should apply.
`
`Function: wherein the processor is
`[adapted to be involved in]
`[configured to control] [a data
`generation process, an automatic
`recognition process, and an
`automatic file transfer process . . .];
`see following claim language for full
`text of function: ʼ144, claim 1: col.
`11:66-12:36; ʼ144, claim 84: 16:20-
`17:4, 17:11-21; ʼ144, claim 86: col.
`17:34-18:18, 18:24-45; ʼ746, claim
`1: col. 11:65-12:23; ʼ746, claim 31:
`col. 14:22-44; ʼ746, claim 34: col.
`15:21-16:17.
`Structure: Any microprocessor, as
`described in Fig. 1, 2 and associated
`
`11
`
`ʼ144 Patent:
`1, 84, 86
`
`
`
`ʼ746 Patent:
`1, 31, 34
`
`15
`
`processor
`
`
`
`Canon Exhibit 1205
`Page 16
`
`HUAWEI EX. 1205 - 16/63
`
`

`
`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 12 of 13
`
`EXHIBIT A
`
`No.
`
`Term (’144/’746 Patents)
`
`Claims
`
`Papst's Proposed Construction
`
`CMs’ Proposed Construction
`
`text, including 5:62-6:13 of the ʼ144
`patent.
`
`No construction necessary.
`
`“transfer without any user
`intervention”
`
`Third term limitation: “transferring,
`without any user intervention, data
`from the analog source to the host
`device in response to a digital data
`read command from the host device”
`
`No construction necessary apart
`from the other proposed
`constructions.
`
` (1) “at least one parameter that mis-
`identifies the class of the ADGPD to
`the computer”
`
`
`
`(2) “wherein the at least one
`parameter that mis-identifies the
`class of the ADGPD to the host
`device”
`
`
`
`(3) “at least one parameter that mis-
`identifies the class of the analog data
`acquisition device”
`
`
`
`12
`
`ʼ144 Patent:
`1, 84, 86
`
`ʼ746 Patent:
`31, 34
`
`ʼ144 Patent:
`1, 28, 29, 84,
`86, 87
`
`ʼ746 Patent:
`claim 1, 15,
`17, 31, 34
`
`“automatic [] transfer”
`
`“automatically transfer”
`
`“automatically transferring
`data from the analog source
`to the host device in response
`to a digital data read
`command from the host
`device”
`
` (1) “at least one parameter
`which provides identification
`information regarding the
`ADGPD”
`
`(2) “wherein the at least one
`parameter provides
`identification information
`regarding the ADGPD;”
`
`
`(3) “at least one parameter
`indicative of the class of
`devices to be sent to the
`computer . . . wherein the
`analog data acquisition
`device is not within the class
`of devices”
`
`
`16
`
`17
`
`
`
`Canon Exhibit 1205
`Page 17
`
`HUAWEI EX. 1205 - 17/63
`
`

`
`Case 1:07-mc-00493-RMC Document 629-1 Filed 05/13/16 Page 13 of 13
`
`EXHIBIT A
`
`No.
`
`Term (’144/’746 Patents)
`
`Claims
`
`Papst's Proposed Construction
`
`CMs’ Proposed Construction
`
`
`(4) “at least one parameter mis-
`identifying the class of the analog
`data acquisition device as a [digital
`mass storage device] [digital device]
`instead of as an analog data
`acquisition device[, and] regardless
`of the analog source”
`
`
`
`(5) “the at least one parameter that
`mis-identifies the class of the
`[ADGPD] [analog data acquisition
`vice] to the computer”
`
`
`(4) “at least one parameter
`identifying the analog data
`acquisition device as a
`[digital mass storage device]
`[digital device] instead of as
`an analog data acquisition
`device[, and] regardless of
`the analog source”
`
`(5) “the at least one
`parameter”
`
`
`
`
`
`13
`
`Canon Exhibit 1205
`Page 18
`
`HUAWEI EX. 1205 - 18/63
`
`

`
`Case 1:07-mc-00493-RMC Document 629-2 Filed 05/13/16 Page 1 of 17
`
`Exhibit B – Papst Proposed Constructions and Evidence
`
`The ʼ399 and ʼ449 Patents:
`
`Term
`
`Proposed Construction
`
`Intrinsic Evidence1
`
`Extrinsic Evidence
`
` “a component or group of components
`for interfacing the interface device
`with the data transmit/receive device”
`
`The Camera Manufacturers (“CMs”)
`contend that this term should be
`construed under 35 U.S.C. §112 ¶ 6.
`Papst disagrees that this is a term that
`should be interpreted under 35 U.S.C.
`§112 ¶ 6. To the extent that the Court
`determines that this term should be
`construed under that provision, Papst
`contends that the following
`construction should apply.
`
`Function: interfacing the interface
`device with the data transmit/receive
`device
`
`Structure: Fig. 1 and associated text
`(ʼ399 and ʼ449 Patents)
`“appearing to be a system of files on a
`hard disk drive”
`
`’399 Patent: Fig. 1 and
`associated text; 1:20-50, 3:24-
`4:22, 4:60-65, 5:47-63, 6:19-
`47, 6:55-67, 7:32-49, 8:23-67,
`9:8-14, 9:49-64.
`
`’449 Patent: Fig. 1 and
`associated text; 1:21-52, 3:20-
`23, 3:64-4:2, 4:46-62, 5:19-47,
`5:55-67, 6:32-49, 7:23-67, 8:8-
`14, 8:49-64.
`
`THE IEEE STANDARD
`DICTIONARY OF ELECTRICAL
`AND ELECTRONICS TERMS 279
`(6th ed. 1997) ( Device: “A
`mechanism or piece of
`equipment designed to serve a
`purpose or perform a specific
`function” or “A circuit or logical
`group of circuits resident on one
`or more boards capable of
`interacting with other such
`devices through the bus.”)
`
`ʼ449 Patent: 4:10-13, 4:63-
`5:18, 5:35-47, 7:23-42, 7:50-
`55, 10:50-53, 11:26-44.
`
`
`
`Patent
`Claims
`ʼ399 Patent:
`1, 11, 14;
`
`ʼ449 Patent:
`1, 16, 17, 18
`
`“second
`connecting
`device”
`
`ʼ449 Patent:
`1, 17, 18
`
`“simulating a
`virtual file system”
`
`
`
`1 Papst may also rely on any applicable earlier decisions of this Court or any other Court, including the Court’s previous rulings on
`Claim Construction (e.g., D.I. 336 and 337) and the Federal Circuit’s Opinion in In re Papst Licensing Digital Camera Patent Litig.,
`778 F.3d 1255 (Fed. Cir. 2015).
`
`
`
`1
`
`Canon Exhibit 1205
`Page 19
`
`HUAWEI EX. 1205 - 19/63
`
`

`
`Patent
`Claims
`ʼ399 Patent:
`1, 11, 14
`
`ʼ449 Patent:
`1, 17, 18
`
`Case 1:07-mc-00493-RMC Document 629-2 Filed 05/13/16 Page 2 of 17
`
`Exhibit B – Papst Proposed Constructions and Evidence
`
`Term
`
`Proposed Construction
`
`Intrinsic Evidence1
`
`Extrinsic Evidence
`
`“input/output
`device customary
`in a host device”
`and “storage
`device customary
`in a host device”
`
`
`’399
`“a data input/output device normally
`part of commercially available
`computer systems”
`
`ʼ399 Patent: 1:20-64, 4:23-59,
`5:9-32, 8:43-67, 12:9-22.
`
`ʼ449 Patent: 1:21-65, 3:26-63,
`4:13-36, 7:43-67, 11:11-25.
`
`’449
`“a storage device normally part of
`commercially available computer
`systems”
`
`
`
`
`
`THE IEEE STANDARD
`DICTIONARY OF ELECTRICAL
`AND ELECTRONICS TERMS 525
`(6th ed. 1997) (input-output
`device: “A device through which
`data may be entered into a
`computer system, received from
`the system, or both.”)
`
`COMPUTER DICTIONARY 252
`(Microsoft Press, 3d ed. 1997)
`(input/output device: “A piece
`of hardware that can be used
`both for providing data to a
`computer and for receiving data
`from it, depending on the current
`situation. A disk drive is an
`example of an input/output
`device. Some devices, such as a
`keyboard or a mouse can be used
`only for input and are also called
`input devices. Other devices,
`such as printers, can be used only
`for output and are also called
`output devices. Most devices
`require installation of software
`routines called device drivers to
`enable the computer to transmit
`and receive data to and from
`them.”)
`
`WEBSTERS II NEW COLLEGE
`DICTIONARY 280 (1995)
`(customary: “commonly
`practiced: usual.”)
`
`
`
`2
`
`Canon Exhibit 1205
`Page 20
`
`HUAWEI EX. 1205 - 20/63
`
`

`
`Case 1:07-mc-00493-RMC Document 629-2 Filed 05/13/16 Page 3 of 17
`
`Exhibit B – Papst Proposed Constructions and Evidence
`
`Term
`
`Proposed Construction
`
`Intrinsic Evidence1
`
`Extrinsic Evidence
`
`THE IEEE STANDARD
`DICTIONARY OF ELECTRICAL
`AND ELECTRONICS TERMS 318,
`525 (6th ed. 1997) (driver: “A
`software module that invokes
`and, perhaps, controls and
`monitors the execution of one or
`more other software modules.”
`input-output device: “A device
`through which data may be
`entered into a computer system,
`received from the system, or
`both.”)
`
`COMPUTER DICTIONARY 142,
`162, 252 (Microsoft Press, 3d ed.
`1997) (Device driver: “A
`software component that permits
`a computer system to
`communicate with a device.”
`Driver: “A hardware device or
`program that controls or
`regulates another device…A
`device driver is a device-specific
`control program that enables a
`computer to work with a
`particular device, such as a
`printer or disk drive.”
`Input/output device: “A piece of
`hardware that can be used both
`for providing data to a computer
`and for receiving data from it,
`depending on the current
`situation. A disk drive is an
`example of an input/output
`
`“the set of software routines used to
`direct a data [input/output device]
`[storage device] normally part of
`commercially available computer
`systems”
`
`ʼ399 Patent: 1:20-33, 2:37-47,
`4:23-59, 5:9-32, 8:43-67, 12:9-
`22.
`
`ʼ449 Patent: 1:21-34, 2:35-45,
`3:26-63, 4:13-36, 7:43-67,
`12:11-25.
`
`
`
`’399
`“driver[s] for the
`input/output
`device[s]
`customary in a
`host device”
`
`“usual driver for
`the input/output
`device”
`
`’449
`“driver for the
`storage device
`customary in a
`host device”
`
`“usual driver for
`the storage device”
`
`
`
`Patent
`Claims
`ʼ399 Patent:
`1, 14, 15
`
`ʼ449 Patent:
`1, 18
`
`
`
`3
`
`Canon Exhibit 1205
`Page 21
`
`HUAWEI EX. 1205 - 21/63
`
`

`
`Case 1:07-mc-00493-RMC Document 629-2 Filed 05/13/16 Page 4 of 17
`
`Exhibit B – Papst Proposed Constructions and Evidence
`
`Patent
`Claims
`
`Term
`
`Proposed Construction
`
`Intrinsic Evidence1
`
`Extrinsic Evidence
`
`device. Some devices, such as a
`keyboard or a mouse can be used
`only for input and are also called
`input devices. Other devices,
`such as printers, can be used only
`for output and are also called
`output devices. Most devices
`require installation of software
`routines called device drivers to
`enable the computer to transmit
`and receive data to and from
`them.”)
`
`WEBSTERS II NEW COLLEGE
`DICTIONARY 280 (1995)
`(customary: “commonly
`practiced: usual.”)
`
`
`
`4
`
`Canon Exhibit 1205
`Page 22
`
`HUAWEI EX. 1205 - 22/63
`
`

`
`Case 1:07-mc-00493-RMC Document 629-2 Filed 05/13/16 Page 5 of 17
`
`Exhibit B – Papst Proposed Constructions and Evidence
`
`Term
`
`Proposed Construction
`
`Intrinsic Evidence1
`
`Extrinsic Evidence
`
`’399 Patent: Figs. 1-2 and
`associated text; 1:9-14, 3:29-
`4:22, 4:60-5:6, 5:47-6:47,
`6:55-67, 7:13-21, 8:23-42,
`9:29-48, 10:59-65, 11:9-25,
`11:43-12:40.
`
`’449 Patent: Figs. 1-2 and
`associated text; 1:13-17, 3:64-
`4:10, 4:46-5:47, 5:55-67, 6:13-
`22, 7:23-42, 8:30-48, 9:59-65,
`10:9-25, 10:44-11:44.
`
`THE IEEE STANDARD
`DICTIONARY OF ELECTRICAL
`AND ELECTRONICS TERMS 279
`(6th ed. 1997) (Device: “A
`mechanism or piece of
`equipment designed to serve a
`purpose or perform a specific
`function” or “A circuit or logical
`group of circuits resident on one
`or more boards capable of
`interacting with other such
`devices through the bus.”)
`
`“first connecting
`device”
`
`“a component or group of components
`for interfacing the interface device
`with host device”
`
`The CMs contend that this term should
`be construed under 35 U.S.C. §112 ¶ 6.
`Papst disagrees that this is a term that
`should be interpreted under 35 U.S.C.
`§112 ¶ 6. To the extent that the Court
`determines that this term should be
`construed under that provision, Papst
`contends that the following
`construction should apply.
`
`
`
`Patent
`Claims
`ʼ399 Patent:
`1, 11, 14
`
`ʼ449 Patent:
`1, 16, 17, 18
`
`Function: interfacing the host device
`with the interface device
`
`
`
`ʼ399 Patent:
`1, 11
`
`“first command
`interpreter”
`
`
`
`
`Structure: Fig. 1 and associated text
`(ʼ399 and ʼ449 Patents)
`No further construction necessary.
`
`In the alternative:
`“A computer program that translates
`and executes each statement or
`construct of a computer program
`before translating and executing the
`next”
`
`The CMs contend that this term should
`be construed under 35 U.S.C. §112 ¶ 6.
`Papst disagrees that this is a term that
`should be interpreted under 35 U.S.C.
`§112 ¶ 6. To the extent that the Court
`
`5
`
`’399 Patent: 4:60-5:32, 6:19-
`67.
`
`Prosecution History:
`March 18, 2002 Amendment
`(PAPMDL00000527-535 )
`
`
`
`THE IEEE STANDARD
`DICTIONARY OF ELECTRICAL
`AND ELECTRONICS TERMS 549
`(6th ed. 1997) (interpreter:
`“(software) A computer program
`that translates and executes each
`statement or construct of a
`computer program before
`translating and executing the
`next.”)
`
`COMPUTER DICTIONARY 101
`(Microsoft Press, 3d ed. 1997)
`(command interpreter: “A
`program, usually part of the
`
`Canon Exhibit 1205
`Page 23
`
`HUAWEI EX. 1205 - 23/63
`
`

`
`Case 1:07-mc-00493-RMC Document 629-2 Filed 05/13/16 Page 6 of 17
`
`Exhibit B – Papst Proposed Constructions and Evidence
`
`Patent
`Claims
`
`Term
`
`Proposed Construction
`
`Intrinsic Evidence1
`
`Extrinsic Evidence
`
`determines that this term should be
`construed under that provision, Papst
`contends that the following
`construction should apply.
`
`Function: when receiving an inquiry
`from the host device as to a type of a
`device attached to the multi-purpose
`interface of the host device, sends a
`sig