IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`
`))))))
`
`C.A. No. 16-1240-JFB-SRF
`
`
`
`PALTALK HOLDINGS, INC.,
`
`Plaintiff,
`
`v.
`
`RIOT GAMES, INC.,
`
`Defendant.
`
`PALTALK’S PROPOSED TERMS AND CONSTRUCTIONS
`
`Plaintiff PalTalk Holdings, Inc., pursuant to the Court’s scheduling order provides the
`
`following identification of claim terms, phrases and clauses, and their corresponding constructions,
`
`that should be addressed by the Court as part of claim construction proceedings for Plaintiff’s
`
`patents-in-suit, 5,822,523 (the “’523 Patent”) and U.S. Patent Nos. 6,226,686 (the “’686 Patent”).
`
`The inclusion of any such claim term, phrase, or clause is not intended to imply, and should
`
`not be construed, to mean that any such term, phase, or clause has a special or uncommon meaning.
`
`Moreover, this list is preliminary and Plaintiff reserves the right to modify, add to or delete from
`
`these lists based upon, without limitation, the identifications propounded by the Defendant
`
`(including in the related Riot Games case), any meet and confer sessions, or any information
`
`learned through the course of discovery. Plaintiff reserves the right to refine these lists by
`
`combining or dividing identified terms, phrases or clauses (or omitting them altogether) in an effort
`
`to resolve any dispute that may arise as to the proper disposition of the listed terms, phrases or
`
`clauses.
`
`Exhibit A contains Plaintiff’s proposed terms and constructions for the ‘523 Patent.
`
`Exhibit B contains Plaintiff’s proposed terms and constructions for the ‘686 Patent.
`
`{01285656;v1 }
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 1
`
`
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`
`))))))
`
`C.A. No. 16-1240-JFB-SRF
`
`
`
`PALTALK HOLDINGS, INC.,
`
`Plaintiff,
`
`v.
`
`RIOT GAMES, INC.,
`
`Defendant.
`
`PALTALK’S PROPOSED TERMS AND CONSTRUCTIONS
`
`Plaintiff PalTalk Holdings, Inc., pursuant to the Court’s scheduling order provides the
`
`following identification of claim terms, phrases and clauses, and their corresponding constructions,
`
`that should be addressed by the Court as part of claim construction proceedings for Plaintiff’s
`
`patents-in-suit, 5,822,523 (the “’523 Patent”) and U.S. Patent Nos. 6,226,686 (the “’686 Patent”).
`
`The inclusion of any such claim term, phrase, or clause is not intended to imply, and should
`
`not be construed, to mean that any such term, phase, or clause has a special or uncommon meaning.
`
`Moreover, this list is preliminary and Plaintiff reserves the right to modify, add to or delete from
`
`these lists based upon, without limitation, the identifications propounded by the Defendant
`
`(including in the related Riot Games case), any meet and confer sessions, or any information
`
`learned through the course of discovery. Plaintiff reserves the right to refine these lists by
`
`combining or dividing identified terms, phrases or clauses (or omitting them altogether) in an effort
`
`to resolve any dispute that may arise as to the proper disposition of the listed terms, phrases or
`
`clauses.
`
`Exhibit A contains Plaintiff’s proposed terms and constructions for the ‘523 Patent.
`
`Exhibit B contains Plaintiff’s proposed terms and constructions for the ‘686 Patent.
`
`{01285656;v1 }
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 1
`
`
`
`
`
`
`
`
`
`ASHBY & GEDDES
`
`/s/ Andrew C. Mayo
`
`
`
`John G. Day (#2403)
`Andrew C. Mayo (#5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1050
`Wilmington, DE 19801
`(302) 654-1888
`jday@ashbygeddes.com
`amayo@ashbygeddes.com
`
`Attorneys for Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Of Counsel:
`
`Matthew J.M. Prebeg
`Matthew S. Compton, Jr
`PREBEG, FAUCETT & ABBOTT PLLC
`8441 Gulf Freeway, Suite 307
`Houston, TX 77017
`(832) 742-9260
`
`Dated: January 30, 2018
`
`
`
`
`
`
`
`
`
`{01285656;v1 }
`
`
`2
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 2
`
`
`
`
`
`
`
`v.
`
`PALTALK HOLDINGS, INC.,
`
` Plaintiff,
`
`
`
`RIOT GAMES, INC.,
`
` Defendant.
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`
`
`
`
`
`C.A. No. 16-1240-JFB-SRF
`
`
`
`
`
`
`
`
`
`
`
`))))))
`
`NOTICE OF SERVICE
`
`The undersigned hereby certifies that on the 30th day of January, 2018, PALTALK’S
`
`PROPOSED TERMS AND CONSTRUCTIONS were served upon the following counsel of
`
`record at the address and in the manner indicated:
`
`
`Kelly E. Farnan, Esquire
`RICHARDS, LAYTON & FINGER, PA
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`
`Richard A. Cederoth, Esquire
`SIDLEY AUSTIN LLP
`1 South Dearborn
`Chicago, IL 60603
`
`Theodore W. Chandler, Esquire
`SIDLEY AUSTIN LLP
`555 West 5th Street
`Los Angeles, CA 90013
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`VIA ELECTRONIC MAIL
`
`{01175876;v1 }
`
`
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Of Counsel:
`
`Matthew J.M. Prebeg
`Matthew S. Compton, Jr
`PREBEG, FAUCETT & ABBOTT PLLC
`8441 Gulf Freeway, Suite 307
`Houston, TX 77017
`(832) 742-9260
`
`Dated: January 30, 2018
`
`
`
`
`
`
`
`
`
`
`
`ASHBY & GEDDES
`
`/s/ Andrew C. Mayo
`
`
`
`John G. Day (#2403)
`Andrew C. Mayo (#5207)
`500 Delaware Avenue, 8th Floor
`P.O. Box 1050
`Wilmington, DE 19801
`(302) 654-1888
`jday@ashbygeddes.com
`amayo@ashbygeddes.com
`
`Attorneys for Plaintiff
`
`2
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 4
`
`
`
`EXHIBIT A
`
`PLAINTIFF’S IDENTIFIED TERMS AND PROPOSED CONSTRUCTIONS
`FOR U.S. PAT. NO. 5,822,523 (THE “’523 PATENT”)
`
`TERM
`
`aggregated message
`
`aggregated message/aggregated
`payload/server message
`
`aggregating, by said server in a time
`interval determined in accordance with a
`predefined criterion, said payload
`portions of said messages to create an
`aggregated payload
`
`aggregating/aggregated
`
`create message
`
`creating . . . said first message group by
`sending a first control message
`
`PROPOSED CONSTRUCTION
`
`one or more messages containing destination data and data items from an aggregated
`payload
`
`one or more messages/payloads
`
`The group messaging server forms an aggregated payload by aggregating at least one data
`item from the payloads of all the claimed messages it receives from the claimed plurality
`of host computers within a certain time period. The data items may be aggregated in any
`order and the time period is certain in that it must arise from criteria specified prior to the
`beginning of the time interval
`
`
`
`
`
`
`
`to collect two or more data items together as a unit, however, where each data item
`retains its identity and may be extracted from the unit
`
`it is not necessary for the GMS to aggregate the entire payload portion of each
`message it receives from the host computers
`
`
`A message creating a message group
`
`A host computer sends a control message that creates a message group with at least one
`host computer as a member.
`
`1
`
`
`
`
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 5
`
`
`
`TERM
`
`forming an aggregated message using
`said aggregated payload
`
`group messages
`
`group messaging server
`
`PROPOSED CONSTRUCTION
`
`creating one or more aggregated messages that contain data items from an aggregated
`payload
`
`messages that are sent to a collection of one or more host computers belonging to a
`common message group
`
`A server or computer system with a network interface that maintains a set of message
`groups used by the host computers to communicate information between themselves. The
`group messaging server must be capable of receiving messages from the host computers
`addressed to a message group and sending messages to the host computers that have
`joined the message group. A group messaging server can process messages with or
`without aggregated payloads, and can allow for group membership to change very rapidly.
`
`join message
`
`A message causing a host to become a member of a message group
`
`joining . . . Said first message group by
`sending control messages
`
`message group
`
`The method by which host computers become members of a particular message group by
`sending control messages
`
`A collection of one or more host computers that (1) have joined a particular group and (2)
`receive group messages addressed to that particular group.
`
`payload portion
`
`The part of a message that contains data item(s) conveying information
`
`portion for identifying said first message
`group
`
`Any part of a message, sent by a host computer to a group messaging server, that
`identifies the message group of a receiving host computer.
`
`
`
`2
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 6
`
`
`
`TERM
`
`portion that is used to identify said
`message group
`
`PROPOSED CONSTRUCTION
`
`Any part of a message, sent by a host computer to a group messaging server, that
`identifies the message group of a receiving host computer
`
`session layer protocol
`
`A protocol for a layer in the OSI reference model on top of the transport layer protocol.
`
`shared, interactive application
`
`Software operating on multiple host computers that provides for sufficient interaction to
`allow users of the hosts to share an application or experience.
`
`
`
`
`
`3
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 7
`
`
`
`EXHIBIT B
`
`PLAINTIFF’S IDENTIFIED TERMS AND PROPOSED CONSTRUCTIONS
`FOR U.S. PAT. NO. 6,226,686 (THE “’686 PATENT”)
`
`TERM
`
`aggregated message
`
`aggregated message/aggregated
`payload/server message
`
`aggregating said payload portions of said
`host messages …to create an aggregated
`payload
`
`aggregating said payload portions of said
`messages…to create an aggregated
`payload
`
`aggregating said payload portions…
`
`aggregating said payload portions…to
`create an aggregated message
`
`aggregating/aggregated
`
`PROPOSED CONSTRUCTION
`
`one or more messages containing destination data and data items from an aggregated
`payload
`one or more messages/payloads
`
`aggregating said payload portions of said host messages…to create one or more
`aggregated payloads
`
`aggregating said payload portions of said messages…to create one or more aggregated
`payloads
`
`Aggregating at least one data item from the payloads of all the claimed messages from the
`claimed plurality of host computers. The data items may be aggregated in any order.
`
`aggregating said payload portions of said host messages…to create one or more
`aggregated messages
`
`
`
`
`
`
`
`to collect two or more data items together as a unit, however, where each data item
`retains its identity and may be extracted from the unit
`
`it is not necessary for the GMS to aggregate the entire payload portion of each
`message it receives from the host computers
`
`1
`
`
`
`
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 8
`
`
`
`TERM
`
`create message
`
`creating . . . said first message group by
`sending a first control message
`
`forming a server message by using said
`payload portion of said host message…
`
`forming an aggregated message using
`said aggregated payload
`
`group messages
`
`group messaging server
`
`PROPOSED CONSTRUCTION
`
`
`A message creating a message group
`
`A host computer sends a control message that creates a message group with at least one
`host computer as a member.
`
`forming one or more server messages, each containing one or more data items from the
`payload portion of the host message and one or more data items from the payload portion
`of a second host message received from another of the plurality of host computers
`belonging to said message group, where each of the data items retains its identity and may
`be extracted from the one or more server messages
`
`creating one or more aggregated messages that contain data items from an aggregated
`payload
`
`messages that are sent to a collection of one or more host computers belonging to a
`common message group
`
`A server or computer system with a network interface that maintains a set of message
`groups used by the host computers to communicate information between themselves. The
`group messaging server must be capable of receiving messages from the host computers
`addressed to a message group and sending messages to the host computers that have
`joined the message group. A group messaging server can process messages with or
`without aggregated payloads, and can allow for group membership to change very rapidly
`
`join message
`
`joining . . . Said first message group by
`sending control messages
`
`A message causing a host to become a member of a message group
`
`The method by which host computers become members of a particular message group by
`sending control messages
`
`
`
`
`2
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 9
`
`
`
`TERM
`
`message group
`
`PROPOSED CONSTRUCTION
`
`A collection of one or more host computers that (1) have joined a particular group and (2)
`receive group messages addressed to that particular group.
`
`payload portion
`
`The part of a message that contains data item(s) conveying information
`
`portion for identifying said first message
`group
`
`portion that is used to identify said
`message group
`
`server message
`
`Any part of a message, sent by a host computer to a group messaging server, that
`identifies the message group of a receiving host computer
`
`Any part of a message, sent by a host computer to a group messaging server, that
`identifies the message group of a receiving host computer
`
`one or more messages formed by a server for delivery to one or more group members
`
`session layer protocol
`
`A layer in the OSI reference model on top of the transport layer protocol.
`
`shared, interactive application
`
`Software operating on multiple host computers that provides for sufficient interaction to
`allow users of the hosts to share an application or experience.
`
`
`
`
`
`3
`
`Petitioner Riot Games – Ex. 1054,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 10
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
