Case 1:16-cv-01240-JFB-SRF Document 57 Filed 03/14/18 Page 1 of 7 PageID #: 413
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`PALTALK HOLDINGS, INC.,
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`RIOT GAMES, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 16-1240-JFB-SRF
`
`JOINT CLAIM CONSTRUCTION CHART OF CLAIM TERMS TO BE CONSTRUED
`
`Pursuant to the Court’s February 6, 2018 Order and Paragraph 5(b) of the Scheduling
`
`Order (D.I. 21), Plaintiff PalTalk Holdings, Inc. (“PalTalk”) and Defendant Riot Games, Inc.
`
`(“Riot”) hereby submit this Joint Claim Construction Statement setting forth the parties’
`
`proposed constructions for each disputed claim term of the asserted claims of U.S. Patent Nos.
`
`5,822,523 and 6,226,686.1
`
`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
`
`Dated: March 14, 2018
`
`RICHARDS, LAYTON & FINGER, PA
`
`/s/ Kelly E. Farnan
`_________________________________
`Kelly E. Farnan (#4395)
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
`
`Attorneys for Defendant
`
`1 Riot has alleged that certain of the claims are indefinite under 35 U.S.C. § 112. (See D.I. 46,
`53). Riot will raise these issues at summary judgment consistent with its understanding of the
`Court’s preferences and does not waive its indefiniteness arguments.
`
`{01301416;v1 }
`
`Petitioner Riot Games – Ex. 1055,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 1
`
`

`

`Case 1:16-cv-01240-JFB-SRF Document 57 Filed 03/14/18 Page 2 of 7 PageID #: 414
`
`
`DISPUTED CLAIM TERMS
`
`
`
`1.
`
`Term
`[asserted claim]
`[i] “aggregating . . . said
`payload portions of said
`messages to create an
`aggregated payload”
`
`[523: 1, 2, 4, 5, 6, 7, 8, 10,
`12, 13, 14, 15, 16, 17, 18,
`19, 20, 21, 22, 23, 24, 25,
`26, 27, 30, 31, 33, 34, 35,
`36, 38, 39, 40, 41, 42, 43]
`
`[ii] “aggregating said
`payload portions of said
`host messages . . . to
`create an aggregated
`payload”
`
`[686: 1, 23, 24, 25, 26, 27,
`29, 31, 32, 33, 34, 35, 36]
`
`[iii] “aggregating said
`payload portions of said
`host messages”
`
`[686: 3, 4]
`
`[iv] “aggregating said
`payload portions of said
`messages to create an
`aggregated payload”
`
`[686: 7, 8, 9]
`
`[v] “aggregating said
`payload portions of said
`messages . . . to create an
`aggregated payload”
`
`Riot Construction
`
`PalTalk Construction
`
`variations [i] – [v] of the
`“aggregating” limitations
`as identified in the
`“Term” column:
`
`collecting two or more
`payloads received from host
`computers, where each
`payload retains its identity
`and may be extracted
`
`[vi] aggregating said
`payload portion with the
`payload portion of a
`second host message:
`
`collecting the payload from
`the first host computer with
`a payload from a second
`host computer, where each
`payload retains its identity
`and may be extracted
`
`
`variations [i] – [v] of the
`“aggregating” limitations
`as identified in the
`“Term” column:
`
`aggregating said payload
`portions of said
`messages…to create one or
`more aggregated payloads
`
`aggregating said payload
`portions of said host
`messages…to create one or
`more aggregated messages
`
`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.
`
`For each of the above with
`respect to the phrase
`“aggregating /
`aggregated”:
`
`to collect two or more data
`items together as a unit,
`however, where each data
`item retains its identity and
`
`{01301416;v1 }
`
`
`2
`
`Petitioner Riot Games – Ex. 1055,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 2
`
`

`

`Case 1:16-cv-01240-JFB-SRF Document 57 Filed 03/14/18 Page 3 of 7 PageID #: 415
`
`
`may be extracted from the
`unit
`
`it is not necessary for the
`group messaging server
`(GMS) to aggregate the
`entire payload portion of
`each message it receives
`from the host computers
`
`With respect to
`“aggregated payload”:
`
` A
`
` collection of two or more
`data items that does not
`include transport layer
`headers
`
`[vi] aggregating said
`payload portion with the
`payload portion of a
`second host message:
`
`aggregating at least one data
`item from the payloads of
`the host message and the
`second host message. The
`data items may be
`aggregated in any order
`
`forming an aggregated
`message using said
`aggregated payload:
`
`creating one or more
`aggregated messages that
`contain a single transport
`layer message header,
`destination data, and data
`items from an aggregated
`payload
`
`
`
`[686: 12, 13, 14, 15, 42,
`43, 44, 45, 46, 48, 50, 51,
`52, 53, 54, 55]
`
`[vi] “aggregating said
`payload portion with the
`payload portion of a
`second host message”
`
`[686: 18, 19, 57, 59, 60,
`61, 62, 63, 65, 67, 68, 69,
`70]
`
`
`2. “forming an aggregated
`message using said
`aggregated payload”
`
`[523: 1, 2, 4, 5, 6, 7, 8, 10,
`12, 13, 14, 15, 16, 17, 18,
`19, 20, 21, 22, 23, 24, 25,
`26, 27, 30, 31, 33, 34, 35,
`36, 38, 39, 40, 41, 42, 43]
`
`[686: 1, 12, 13, 14, 15, 23,
`24, 25, 26, 27, 29, 31, 32,
`33, 34, 35, 36, 42, 43, 44,
`
`forming an aggregated
`message using said
`aggregated payload:
`
`forming an aggregated
`message containing the two
`or more received payloads
`from host computers, where
`each payload retains its
`identity and may be
`extracted
`
`
`{01301416;v1 }
`
`
`3
`
`Petitioner Riot Games – Ex. 1055,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 3
`
`

`

`Case 1:16-cv-01240-JFB-SRF Document 57 Filed 03/14/18 Page 4 of 7 PageID #: 416
`
`
`45, 46, 48, 50, 51, 52, 53,
`54, 55]
`
`“to create an aggregated
`message”
`
`[686: 3, 4]
`
`“forming a server message
`by using said payload
`portion of said host
`message; and aggregating
`said payload portion with
`the payload portion of a
`second host message”
`
`[686: 18, 19, 57, 59, 60,
`61, 62, 63, 65, 67, 68, 69,
`70]
`
`to create an aggregated
`message:
`
`to create an aggregated
`message containing the two
`or more received payloads
`from host computers, where
`each payload retains its
`identity and may be
`extracted
`
`forming a server message
`by using said payload
`portion of said host
`message; and aggregating
`said payload portion with
`the payload portion of a
`second host message:
`
`forming a server message
`containing the payload from
`the first host computer with
`the payload from the second
`host computer, where each
`payload retains its identity
`and may be extracted
`
`
`3. “host computer”
`
`
`{01301416;v1 }
`
`
`client computers each
`running their own copy of a
`shared application and
`4
`
`to create an aggregated
`message:
`
`to create one or more
`messages containing a
`single transport layer
`message header, destination
`data, and data items from an
`aggregated payload
`
`forming a server message
`by using said payload
`portion of said host
`message;
`
`forming one or more server
`messages, each containing a
`single transport layer
`message header, destination
`data, and 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
`
`and aggregating said
`payload portion with the
`payload portion of a
`second host message:
`
`Addressed above.
`
`computer systems that are
`connected to a network and
`communicate with other
`
`Petitioner Riot Games – Ex. 1055,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 4
`
`

`

`Case 1:16-cv-01240-JFB-SRF Document 57 Filed 03/14/18 Page 5 of 7 PageID #: 417
`
`
`individually determining the
`state of the shared
`application
`
`nodes on the network by
`sending messages and
`receiving messages
`
`
`[523: 1, 2, 4, 5, 6, 7, 8, 10,
`12, 13, 14, 15, 16, 17, 18,
`19, 20, 21, 22, 23, 24, 25,
`26, 27, 30, 31, 33, 34, 35,
`36, 38, 39, 40, 41, 42, 43]
`
`[686: 1, 2, 3, 4, 7, 8, 9, 12,
`13, 14, 15, 18, 19, 23, 24,
`25, 26, 27, 29, 31, 32, 33,
`34, 35, 36, 42, 43, 44, 45,
`46, 48, 50, 51, 52, 53, 54,
`55, 57, 59, 60, 61, 62, 63,
`65, 67, 68, 69, 70]
`
`4. “group messaging server”
`
`[523: 1, 2, 4, 5, 6, 7, 8, 10,
`12, 13, 14, 15, 16, 17, 18,
`19, 20, 21, 22, 23, 24, 25,
`26, 27, 30, 31, 33, 34, 35,
`36, 38, 39, 40, 41, 42, 43]
`
`[686: 12, 13, 14, 15, 29,
`34, 35, 42, 43, 44, 45, 46,
`48, 50, 51, 52, 53, 54, 55,
`65, 70]
`
`a server that sends a copy of
`a received payload to each
`host computer in a message
`group in turn
`
`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
`message group:
`
` 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
`
`
`5. “message groups”
`
`[523: 1, 2, 4, 5, 6, 7, 8, 10,
`12, 13, 14, 15, 16, 17, 18,
`19, 20, 21, 22, 23, 24, 25,
`26, 27, 30, 31, 33, 34, 35,
`36, 38, 39, 40, 41, 42, 43]
`
`
`a collection of one or more
`host computers created by a
`host computer that shares an
`address to which host
`computers send messages
`
`{01301416;v1 }
`
`
`5
`
`Petitioner Riot Games – Ex. 1055,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 5
`
`

`

`Case 1:16-cv-01240-JFB-SRF Document 57 Filed 03/14/18 Page 6 of 7 PageID #: 418
`
`
`a message sent from a host
`computer containing a
`payload intended for
`another host computer
`
`message groups:
`
`plural form of message
`group
`
`
`messages to said server:
`
`information to said server
`
`messages from a subset of
`the plurality of host
`computers:
`
`information from a subset of
`the plurality of host
`computers
`
`host message:
`
`information sent by a host
`
`host messages:
`
`plural of host message
`
`
`[686: 12, 13, 14, 15, 31,
`42, 43, 44, 45, 46, 48, 50,
`51, 52, 53, 54, 55, 67]
`
`“message group”
`
`[686: 1, 2, 3, 4, 7, 8, 9, 12,
`13, 14, 15, 18, 19, 23, 24,
`25, 26, 27, 29, 31, 32, 33,
`34, 35, 36, 42, 43, 44, 45,
`46, 48, 50, 51, 52, 53, 54,
`55, 57, 59, 60, 61, 62, 63,
`65, 67, 68, 69, 70]
`
`6. “messages to said server”
`
`[523: 1, 2, 4, 5, 6, 7, 8, 10,
`12, 13, 14, 15, 16, 17, 18,
`19, 20, 21, 22, 23, 24, 25,
`26, 27, 30, 31, 33, 34, 35,
`36, 38, 39, 40, 41, 42, 43]
`
`
`“host messages”
`
`[686: 1, 2, 3, 4, 23, 24, 25,
`26, 27, 29, 31, 32, 33, 34,
`35, 36]
`
`“messages from a subset
`of the plurality of host
`computers”
`
`[686: 7, 8, 9, 12, 13, 14,
`15, 42, 43, 44, 45, 46, 48,
`50, 51, 52, 53, 54, 55]
`
`“host message”
`
`[686: 18, 19, 57, 59, 60,
`61, 62, 63, 65, 67, 68, 69,
`70]
`
`{01301416;v1 }
`
`
`6
`
`Petitioner Riot Games – Ex. 1055,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 6
`
`

`

`Case 1:16-cv-01240-JFB-SRF Document 57 Filed 03/14/18 Page 7 of 7 PageID #: 419
`
`
`
`7. “a portion for identifying
`said first message group”
`
`[523: 1, 2, 4, 5, 6, 7, 8, 10,
`12, 13, 14, 15, 16, 17, 18,
`19, 20, 21, 22, 23, 24, 25,
`26, 27, 30, 31, 33, 34, 35,
`36, 38, 39, 40, 41, 42, 43]
`
`“a portion that is used to
`identify said message
`group”
`
`[686: 1, 2, 3, 4, 7, 8, 9, 18,
`19, 23, 24, 25, 26, 27, 29,
`31, 32, 33, 34, 35, 36, 57,
`59, 60, 61, 62, 63, 65, 67,
`68, 69, 70]
`
`“a portion that is used to
`identify said first message
`group”
`
`[686: 12, 13, 14, 15, 42,
`43, 44, 45, 46, 48, 50, 51,
`52, 53, 54, 55]
`
`8. “shared, interactive
`application”
`
`[686: 1, 2, 3, 4, 7, 8, 9, 18,
`19, 23, 24, 25, 26, 27, 29,
`31, 32, 33, 34, 35, 36, 57,
`59, 60, 61, 62, 63, 65, 67,
`68, 69, 70]
`
`
`a portion of the message
`containing an address for a
`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
`
`an application running on
`more than one computer
`where each computer
`individually determines the
`state of the application
`
`software operating on
`multiple host computers that
`provides for sufficient
`interaction to allow users of
`the hosts to share an
`application or experience
`
`
`
`{01301416;v1 }
`
`
`7
`
`Petitioner Riot Games – Ex. 1055,
`Riot Games, Inc. v. PalTalk Holdings, Inc., IPR2018-00129, -130, -131, -132, p. 7
`
`