Exhibit A
`Preliminary Claim Constructions and Extrinsic Evidence
`
`EJO 2HFIA@ +=E +IJHK?JE 6AHI
`Claim Term
`Proposed Construction(s)
`Fast-path: “the protocol stack of the host
`1. “fast-path processing” /
`computer performs little or no network
`“slow-path processing”
`layer or transport layer processing”
`
`---------------------------------
`
`Slow-path: No construction necessary
`
`
`“data regarding an active connection”
`
`2. “context [for
`communication]”
`
`
`
`3. “flow key”
`
`“an identifier for a connection”
`
`
`
`
`1 Random House Webster’s College Dictionary, 2nd ed. (1999).
`
`2 The American Heritage Dictionary, 3rd ed. (1994).
`
`
`
`- 1 -
`
`Extrinsic Evidence
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`Context: the set of circumstances or facts that surround a particular
`event, situation, etc.1
`
`Context: the circumstances in which an event occurs.2
`
`Expert testimony of Dr. Paul Min
`
`02/11/2011 Boucher Tr. (Patent Interference No. 105,775), 63:23-
`65:17.
`
`2/10/2011 Boucher Dep. Tr. 99:13-20.
`
`Key: In databases, a unique value that is used to identify a data record.
`
`WISTRON CORP. EXHIBIT 1010.001
`
`
`Preliminary Claim Constructions and Extrinsic Evidence
`
`EJO 2HFIA@ +=E +IJHK?JE 6AHI
`Claim Term
`Proposed Construction(s)
`Fast-path: “the protocol stack of the host
`1. “fast-path processing” /
`computer performs little or no network
`“slow-path processing”
`layer or transport layer processing”
`
`---------------------------------
`
`Slow-path: No construction necessary
`
`
`“data regarding an active connection”
`
`2. “context [for
`communication]”
`
`
`
`3. “flow key”
`
`“an identifier for a connection”
`
`
`
`
`1 Random House Webster’s College Dictionary, 2nd ed. (1999).
`
`2 The American Heritage Dictionary, 3rd ed. (1994).
`
`
`
`- 1 -
`
`Extrinsic Evidence
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`Context: the set of circumstances or facts that surround a particular
`event, situation, etc.1
`
`Context: the circumstances in which an event occurs.2
`
`Expert testimony of Dr. Paul Min
`
`02/11/2011 Boucher Tr. (Patent Interference No. 105,775), 63:23-
`65:17.
`
`2/10/2011 Boucher Dep. Tr. 99:13-20.
`
`Key: In databases, a unique value that is used to identify a data record.
`
`WISTRON CORP. EXHIBIT 1010.001
`
`
`
`Claim Term
`
`Proposed Construction(s)
`
`4. “database” / “flow
`database”
`
`
`“collection of organized data”
`
`Extrinsic Evidence
`Synonymous with primary key.3
`
`Key: In database management, an identifier for a record or group of
`records in a datafile.4
`
`Key: a group of characters that identifies a record in a database or
`other computer file.5
`
`Expert testimony of Dr. Paul Min
`
`Database: A collection of organized, related data, esp. one in
`electronic form that can be accessed and manipulated by specialized
`computer software.6
`
`Database: A collection of related information about a subject
`organized in a useful manner that provides a base or foundation for
`procedures, such as retrieving information, drawing conclusions, and
`making decisions. Any collection of information that servers these
`purposes qualifies as a database, even if the information isn’t stored
`on a computer. In fact, important predecessors of today’s
`sophisticated business database systems were files kept on index cards
`and stored in file cabinets. Information usually is divided into data
`records, each with one or more data fields.7
`
`
`
`3 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000).
`
`4 Microsoft Computer Dictionary, 4th ed. (1999).
`
`5 Random House Webster’s College Dictionary, 2nd ed. (1999).
`
`6 Random House Webster’s College Dictionary, 2nd ed. (1999).
`
`7 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000).
`
`
`
`- 2 -
`
`WISTRON CORP. EXHIBIT 1010.002
`
`
`
`6AHI 2HFIA@ *O 2=EJEBB
`Claim Term
`Proposed Construction(s)
`5. “a destination [] in the
`“a single contiguous block or several
`associated blocks of memory in the
`memory of the computer”
`computer”
`
`
`
`6. “operation code”
`
`“status data”
`
`7. “network interface device”
`
`“A device that allows a computer to go
`
`
`8 Random House Webster’s College Dictionary, 2nd ed. (1999)
`
`Extrinsic Evidence
`Expert testimony of Dr. Paul Min
`
`Destination: 1. the place to which a person or thing travels or is sent.
`2. The purpose for which something is destined.8
`
`Destination: The record, file, document, or disk to which information
`is copied or moved, as opposed to the source.9
`
`Destination: The location (drive, folder, or directory) to which a file
`is copied or moved. Compare source (definition 1).10
`
`Expert testimony of Dr. Paul Min
`
`Word: The native unit of storage on a particular machine. A word is
`the largest amount of data that can be handled by the microprocessor
`in one operation and is also, as a rule, the width of the main data bus.
`Word sizes of 16 bits and 32 bits are the most common.11
`
`Word: A unit of information composed of characters, bits, or bytes
`that’s treated as an entity and that can be stored in one location.12
`
`Expert testimony of Dr. Paul Min
`
`9 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000)
`
`10 Microsoft Computer Dictionary, 4th ed. (1999)
`
`11 Microsoft Computer Dictionary, 4th ed. (1999).
`
`12 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000)
`
`
`
`- 3 -
`
`WISTRON CORP. EXHIBIT 1010.003
`
`
`
`Claim Term
`
`Proposed Construction(s)
`online”
`
`Extrinsic Evidence
`
`
`Network interface card: “An expansion card or other device used to
`provide network access to a computer or other device, such as a
`printer. Network interface cards mediate between the computer and
`the physical media, such as cabling, over which transmissions
`travel.”13
`
`Network interface card: See NIC.14
`
`NIC: Acronym for network interface card. An adapter that lets you
`connect a network cable to a microcomputer. The card includes
`encoding and decoding circuitry and a receptacle for a network cable
`connection.15
`
`network interface controller: A communication device which
`permits the connection of information processing devices to a
`network.16
`
`
`
`
`
`
`
`13 Microsoft Computer Dictionary, 4th ed. (1999).
`
`14 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000).
`
`15 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000).
`
`16 IEEE Standard Glossary of Computer Networking Terminology (1995).
`
`
`
`- 4 -
`
`WISTRON CORP. EXHIBIT 1010.004
`
`
`
`No construction necessary
`
`No construction necessary
`
`6AHI 2HFIA@ *O ,ABA@=JI
`Claim Term
`Proposed Construction(s)
`8. “prepending” / “prepended”
`No construction necessary
`
`9. “status information”
`
`
`10. “substantially no network
`layer or transport layer
`processing” / “significant
`network layer or significant
`transport layer processing”
`
`
`11. “destination”
`
`
`
`No construction necessary17
`
`Extrinsic Evidence
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`
`Expert testimony of Dr. Paul Min
`
`
`Expert testimony of Dr. Paul Min
`
`Destination: 1. the place to which a person or thing travels or is sent.
`2. The purpose for which something is destined.18
`
`Destination: The record, file, document, or disk to which information
`is copied or moved, as opposed to the source.19
`
`Destination: The location (drive, folder, or directory) to which a file
`is copied or moved. Compare source (definition 1).20
`
`
`
`17 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence.
`
`18 Random House Webster’s College Dictionary, 2nd ed. (1999)
`
`19 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000)
`
`20 Microsoft Computer Dictionary, 4th ed. (1999)
`
`
`
`- 5 -
`
`WISTRON CORP. EXHIBIT 1010.005
`
`
`
`Claim Term
`12. “substantially contiguous
`manner”
`
`
`13. “without an interrupt
`dividing”
`
`
`Proposed Construction(s)
`No construction necessary
`
`Extrinsic Evidence
`Expert testimony of Dr. Paul Min
`
`
`No construction necessary.21
`
`Expert testimony of Dr. Paul Min
`
`Interrupt: A hardware or software signal that temporarily stops
`program execution in a computer so that another procedure can be
`carried out.22
`
`Interrupt: A signal to the microprocessor indicating that an event has
`occurred that requires its attention. Processing is halted momentarily
`so that input/output or other operations can take place. When the
`operation is finished, processing resumes.23
`
`Interrupt: A signal from a device to a computer’s processor
`requesting attention from the processor. When the processor receives
`an interrupt, it suspends its current operations, saves the status of its
`work, and transfers control to a special routine known as an interrupt
`handler, which contains the instructions for dealing with the particular
`situation that caused the interrupt. Interrupts can be generated by
`various hardware devices to request service or report problems, or by
`the processor itself in response to program errors or requests for
`operating-system services. Interrupts are the processor’s way of
`communicating with the other elements that make up a computer
`system. A hierarchy of interrupt priorities determines which interrupt
`request will be handled first if more than one request is made. A
`
`
`21 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence.
`
`22 Random House Webster’s College Dictionary, 2nd ed. (1999)
`
`23 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000)
`
`
`
`- 6 -
`
`WISTRON CORP. EXHIBIT 1010.006
`
`
`
`Claim Term
`
`Proposed Construction(s)
`
`14. “re-assembly buffer”
`
`
`
`
`No construction necessary
`
`Extrinsic Evidence
`program can temporarily disable some interrupts if it needs the full
`attention of the processor to complete a particular task.24
`
`Expert testimony of Dr. Paul Min
`
`
`
`24 Microsoft Computer Dictionary, 4th ed. (1999)
`
`
`
`- 7 -
`
`WISTRON CORP. EXHIBIT 1010.007
`
`
`
`6AHI ,ABA@=JI )ACA )HA 1@ABEEJA )@ H /LAHA@ *O 112(6)
`Claim Term
`Proposed Construction(s)
`15. “Flow re-assembler”
`No construction necessary.
`
`16. “packet batching module”
`
`17. “traffic classifier”
`
`
`No construction necessary.
`
`No construction necessary.25
`
`
`Evidence
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`Traffic: The messages sent and received over a communication
`channel.26
`
`Traffic: Bellcore’s definition: A flow of attempts, calls, and
`messages. My definition: The amount of activity during a given
`period of time over a circuit, line or group of lines, or the number of
`messages handled by a communications switch. There are many
`measures of “traffic.” Typically it’s so many minutes of voice
`conversation, or so many bits of data conversation. Note that Bellcore
`includes attempts in its definition of traffic. I don't. The decision is
`yours. But you should be aware of what you include in your
`calculations.27
`
`Traffic: Messages that are transmitted and received over a
`communication channel.28
`
`Prioritization of Network Traffic
`
`
`25 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence.
`
`26 Modern Dictionary of Electronics, 6th ed. (1997).
`
`27 Newton’s Telecom Dictionary, 16th ed. (2000).
`
`28 IEEE Standard Glossary of Computer Networking Terminology (1995).
`
`
`
`- 8 -
`
`WISTRON CORP. EXHIBIT 1010.008
`
`
`
`Claim Term
`
`Proposed Construction(s)
`
`18. “flow database manager”
`
`
`
`No construction necessary [beyond
`proposal for “database”]30
`
`
`Evidence
`Prioritization can be explained as follows: implement some method to
`get important packets through a network when the network is
`congested and delay unimportant packets until later. Important packets
`are generally classified as delay-sensitive traffic such as that generated
`by live videoconferencing, voice calls, mission-critical transaction
`processing, remote monitoring, and collaborative computing (in which
`people work in real time on their computer screens across networks).
`Unimportant packets may include packets carrying electronic mail or
`packets downloaded from Internet Web sites by freeloading users.29
`
`See also Gupta, Sanjay et al., Traffic classification and scheduling in
`ATM networks (1993).
`
`See also Kubbar, Osama et al., Traffic Classification and Resource
`Allocation in ATM Networks (1996)
`
`Expert testimony of Dr. Paul Min
`
`Database: A collection of organized, related data, esp. one in
`electronic form that can be accessed and manipulated by specialized
`computer software.31
`
`Database: A collection of related information about a subject
`organized in a useful manner that provides a base or foundation for
`procedures, such as retrieving information, drawing conclusions, and
`making decisions. Any collection of information that servers these
`purposes qualifies as a database, even if the information isn’t stored
`
`
`29 Encyclopedia of Networking (1998).
`
`30 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence.
`
`31 Random House Webster’s College Dictionary, 2nd ed. (1999).
`
`
`
`- 9 -
`
`WISTRON CORP. EXHIBIT 1010.009
`
`
`
`Claim Term
`
`Proposed Construction(s)
`
`19. “flow manager”
`
`
`No construction necessary.34
`
`Evidence
`on a computer. In fact, important predecessors of today’s
`sophisticated business database systems were files kept on index cards
`and stored in file cabinets. Information usually is divided into data
`records, each with one or more data fields.32
`
`Database management: Tasks related to creating, maintaining,
`organizing, and retrieving information from a database. See data
`manipulation.33
`
`
`Expert testimony of Dr. Paul Min
`
`Traffic: The messages sent and received over a communication
`channel.35
`
`Traffic: Bellcore’s definition: A flow of attempts, calls, and
`messages. My definition: The amount of activity during a given
`period of time over a circuit, line or group of lines, or the number of
`messages handled by a communications switch. There are many
`measures of “traffic.” Typically it’s so many minutes of voice
`conversation, or so many bits of data conversation. Note that Bellcore
`includes attempts in its definition of traffic. I don't. The decision is
`yours. But you should be aware of what you include in your
`calculations.36
`
`
`32 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000).
`
`33 Webster’s New World Dictionary of Computer Terms, 8th ed. (2000).
`
`34 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence.
`
`35 Modern Dictionary of Electronics, 6th ed. (1997).
`
`36 Newton’s Telecom Dictionary, 16th ed. (2000).
`
`
`
`- 10 -
`
`WISTRON CORP. EXHIBIT 1010.010
`
`
`
`Claim Term
`
`Proposed Construction(s)
`
`Evidence
`
`
`Traffic: Messages that are transmitted and received over a
`communication channel.37
`
`Prioritization of Network Traffic
`Prioritization can be explained as follows: implement some method to
`get important packets through a network when the network is
`congested and delay unimportant packets until later. Important packets
`are generally classified as delay-sensitive traffic such as that generated
`by live videoconferencing, voice calls, mission-critical transaction
`processing, remote monitoring, and collaborative computing (in which
`people work in real time on their computer screens across networks).
`Unimportant packets may include packets carrying electronic mail or
`packets downloaded from Internet Web sites by freeloading users.38
`
`See also Gupta, Sanjay et al., Traffic classification and scheduling in
`ATM networks (1993).
`
`See also Kubbar, Osama et al., Traffic Classification and Resource
`Allocation in ATM Networks (1996)
`
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`20. “re-assembler”
`
`21. “means for receiving, by
`the network interface device
`from the computer, a
`command to transmit data
`from the computer to the
`
`No construction necessary.
`
`No construction necessary [beyond
`proposal for “network interface device”]
`
`Not subject to 112(6)
`
`
`
`37 IEEE Standard Glossary of Computer Networking Terminology (1995).
`
`38 Encyclopedia of Networking (1998).
`
`
`
`- 11 -
`
`WISTRON CORP. EXHIBIT 1010.011
`
`
`
`Claim Term
`network”
`
`22. “means for sending, by the
`network interface device to
`the network, data
`corresponding to the
`command, including means
`for prepending a transport
`layer header to at least some
`of the data”
`
`23. “means for sending, by the
`network interface device to
`the computer, an indication
`that the data has been sent
`from the network interface
`device to the network, prior to
`receiving, by the network
`interface device from the
`network, an acknowledgement
`(ACK) that the data has been
`received.”
`
`24. “means, coupled to the
`host computer, for receiving
`from outside the apparatus a
`response to an ISCSI read
`request command and for fast-
`path processing a portion of
`the response to the ISCSI read
`request command, the portion
`including data, the portion
`
`Proposed Construction(s)
`
`Evidence
`
`No construction necessary [beyond
`proposal “network interface device”]
`
`Not subject to 112(6)
`
`Expert testimony of Dr. Paul Min
`
`No construction necessary [beyond
`proposal for “network interface device”]
`
`Not subject to 112(6)
`
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`Subject to 112(6)
`
`Function: “receiving from outside the
`apparatus a response to an ISCSI read
`request command and for fast-path
`processing a portion of the response to the
`ISCSI read request command, the portion
`including data, the portion being fast-path
`processed such that the data is placed into
`
`
`
`- 12 -
`
`WISTRON CORP. EXHIBIT 1010.012
`
`
`
`Evidence
`
`Expert testimony of Dr. Paul Min
`
`Claim Term
`being fast-path processed such
`that the data is placed into the
`destination memory on the
`host computer without the
`protocol stack of the host
`computer doing significant
`network layer or significant
`transport layer processing, the
`means also being for receiving
`a subsequent portion of the
`response to the ISCSI read
`request command and for
`slow-path processing the
`subsequent portion such that
`the protocol stack of the host
`computer does network layer
`and transport layer processing
`on the subsequent portion”
`
`25. “first mechanism” /
`“second mechanism”
`
`
`
`
`Proposed Construction(s)
`the destination memory on the host
`computer without the protocol stack of the
`host computer doing significant network
`layer or significant transport layer
`processing, the means also being for
`receiving a subsequent portion of the
`response to the ISCSI read request
`command and for slow-path processing
`the subsequent portion such that the
`protocol stack of the host computer does
`network layer and transport layer
`processing on the subsequent portion”
`
`Structure: A network interface device [as
`proposed] and equivalents thereof
`
`No construction necessary
`
`Not subject to 112(6)
`
`To the extent the Court determines
`otherwise:
`
`Function (1: “first mechanism”):
`processing the packets by a first so that
`for each packet the network layer header
`and the transport layer header are
`validated without an interrupt dividing the
`processing of the network layer header
`
`
`
`- 13 -
`
`WISTRON CORP. EXHIBIT 1010.013
`
`
`
`Evidence
`
`Claim Term
`
`Proposed Construction(s)
`and the transport layer header
`
`Structure (1: “first mechanism”): A
`network interface device [as proposed]
`and equivalents thereof
`
`Function (17: “first mechanism”):
`providing a block of data and a
`Transmission Control Protocol (TCP)
`connection
`
`Structure (17: “first mechanism”): a
`host CPU operating a TCP protocol stack,
`as detailed in, e.g., ‘241 patent, 7:42-58;
`17:20-36; Fig. 11; and equivalents thereof.
`
`Function (17: “second mechanism”):
`dividing the block of data into multiple
`segments.
`
`Structure (17: “second mechanism”): A
`network interface device [as proposed]
`and equivalents thereof
`
`Function (17: “second mechanism”):
`prepending an outbound packet header to
`each of the segments, thereby forming an
`outbound packet corresponding to each
`segment, the outbound packet header
`containing an outbound media access
`control layer header, an outbound Internet
`Protocol (IP) header and an outbound
`
`
`
`- 14 -
`
`WISTRON CORP. EXHIBIT 1010.014
`
`
`
`Claim Term
`
`26. “first apparatus” / “second
`apparatus[es]”
`
`
`27. “communication
`processing mechanism”
`
`
`Proposed Construction(s)
`TCP header, wherein the prepending of
`each outbound packet header occurs
`without an interrupt dividing the
`prepending of the outbound media access
`control layer header, the outbound (IP)
`header and the outbound TCP header.
`
`Structure (17: “second mechanism”): A
`network interface device [as proposed]
`and equivalents thereof
`
`No construction necessary
`
`Not subject to 112(6).
`
`No construction necessary39
`
`Not subject to 112(6).
`
`To the extent the Court determines
`otherwise:
`
`Function: “running instructions to
`process a message packet such that the
`context is employed to transfer data
`contained in said packet to the first
`apparatus memory and the TCP state
`information is updated”
`
`Evidence
`
`Expert testimony of Dr. Paul Min
`
`Expert testimony of Dr. Paul Min
`
`communications processor: A computer that performs protocol
`(terminates one or more protocols layers) or network management
`functions.40
`
`
`39 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence.
`
`40 IEEE Standard Glossary of Computer Networking Terminology (1995).
`
`
`
`- 15 -
`
`WISTRON CORP. EXHIBIT 1010.015
`
`
`
`Claim Term
`
`Proposed Construction(s)
`
`Evidence
`
`
`Structure: A network interface device [as
`proposed] and equivalents thereof
`
`
`
`
`
`
`- 16 -
`
`WISTRON CORP. EXHIBIT 1010.016
`
`
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