IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`FUNDAMENTAL INNOVATION
`SYSTEMS INTERNATIONAL LLC,
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., LG
`ELECTRONICS U.S.A., INC., LG
`ELECTRONICS MOBILECOMM U.S.A.
`INC., LG ELECTRONICS MOBILE
`RESEARCH U.S.A. LLC, AND LG
`ELECTRONICS ALABAMA, INC.,
`
`Defendants.
`
`FUNDAMENTAL INNOVATION
`SYSTEMS INTERNATIONAL LLC,
`
`Plaintiff,
`
`v.
`
`HUAWEI INVESTMENT & HOLDING
`CO., LTD., HUAWEI TECHNOLOGIES
`CO., LTD., HUAWEI DEVICE USA, INC.,
`AND FUTUREWEI TECHNOLOGIES, INC.,
`
`Defendants.
`
`Case No. 2:16-cv-01425-JRG-RSP
`JURY TRIAL DEMANDED
`
`Case No. 2:16-cv-01424-JRG-RSP
`JURY TRIAL DEMANDED
`
`PLAINTIFF FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC’S
`PRELIMINARY CLAIM CONSTRUCTIONS AND EXTRINSIC EVIDENCE
`
`Pursuant to P.R. 4-2 and the Amended Docket Control Order dated December 7, 2017 (Dkt.
`
`No. 96), Plaintiff Fundamental Innovation Systems International LLC (“Fundamental”) hereby
`
`provides the following proposed preliminary constructions for each claim term, phrase, and/or clause
`
`of U.S. Patent Nos. 7,239,111 (the “’111 Patent”), 7,791,319 (the “’319 Patent”), 7,834,586 (the
`
`“’586 Patent”), 7,893,655 (the “’655 Patent”), 7,999,514 (the “’514 Patent”), 8,232,766 (the “’766
`
`-1-
`
`

`

`
`
`Patent”), and 8,624,550 (the “’550 Patent”) (collectively, “the Patents-in-Suit”) that the parties
`
`contend may need to be construed by the Court. Fundamental will make a contemporaneous
`
`production of extrinsic evidence on which it may rely in connection with one or more of the
`
`preliminary constructions proposed below, including but not limited to the extrinsic evidence
`
`expressly cited below.
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`1 All
`patents/claims
`
`Preambles
`
`The preambles are not limiting.
`
`
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history.
`
`2 All
`patents/claims
`
`USB / Universal Serial
`Bus (“USB”)
`
`USB should only be construed as part of the
`term in which it appears.
`
`
`
`a Universal Serial Bus is a type of serial bus.
`A serial bus is a communication channel
`across which data, if transmitted, is
`transmitted one bit at a time.
`
`Extrinsic Evidence:
`
`USB 2.0, pp. 1, 14, 24, 85-92
`
`USB 2.0 ECN #1 (10/20/2000)
`
`“Universal Serial Bus on-the-Go for
`Portable Devices” (2/29/2000 Presentation)
`
`OTG Supplement 1.0 (Dec. 2001), pp. 6, 9-
`32
`
`USB Cables and Connectors Class
`Document v. 1.0 (1999), pp. 1-2
`
`
`
`
`
`-2-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`3
`
`’111 patent
`claims 1-3, 6-
`8, 12, 14, 16-
`17
`
`USB connector
`
`
`
`a component that includes pins for Vbus and
`Gnd power, and D+ and D- communications
`and that connects to a USB device, hub, host
`or adapter
`
`Extrinsic Evidence:
`
`USB 2.0, pp. 1, 14, 24, 85-92
`
`USB 2.0 ECN #1 (10/20/2000)
`
`“Universal Serial Bus on-the-Go for
`Portable Devices” (2/29/2000 Presentation)
`
`OTG Supplement 1.0 (Dec. 2001), pp. 6, 9-
`32
`
`USB Cables and Connectors Class
`Document v. 1.0 (1999), pp. 1-2
`
`User manuals and images for USB devices
`with proprietary USB ports and connectors,
`including Olympus C700, Pentax Optio 330,
`Sony Cybershot DSC-F505, Kodak
`Easyshare Z612
`
`USB Micro-USB Cables and Connectors
`Specification (4/4/2007), pp. 6, 8
`
`USB 3.0 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and section 5.2.1
`
`USB 3.1 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and sections 5.3, 5.4
`
`USB Type-C Cables and Connectors
`Specification v.1.3, pp. 21-23, 60-61, 66-67,
`
`
`
`
`
`-3-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`4
`
`’111 patent
`claims 1-3, 6-
`8, 12, 14, 16-
`18
`
`Universal Serial Bus
`adapter / USB adapter
`
`
`
`and section 3.4.2, Figure 3-23, Tables 3-5, 3-
`11.
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history.
`
`power adapter with a USB connector
`
`Extrinsic Evidence:
`
`USB 2.0, pp. 1, 14, 24, 85-92
`
`USB 2.0 ECN #1 (10/20/2000)
`
`“Universal Serial Bus on-the-Go for
`Portable Devices” (2/29/2000 Presentation)
`
`OTG Supplement 1.0 (Dec. 2001), pp. 6, 9-
`32
`
`USB Cables and Connectors Class
`Document v. 1.0 (1999), pp. 1-2
`
`User manuals and images for USB devices
`with proprietary USB ports and connectors,
`including Olympus C700, Pentax Optio 330,
`Sony Cybershot DSC-F505, Kodak
`Easyshare Z612
`
`USB Micro-USB Cables and Connectors
`Specification (4/4/2007), pp. 6, 8
`
`USB 3.0 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and section 5.2.1
`
`USB 3.1 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and sections 5.3, 5.4
`
`USB Type-C Cables and Connectors
`Specification v.1.3, pp. 21-23, 60-61, 66-67,
`
`
`
`
`
`-4-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`5
`
`’111 patent
`claims 1-3, 6-
`8, 12, 14, 16-
`18
`
`USB port
`
`
`
`and section 3.4.2, Figure 3-23, Tables 3-5, 3-
`11
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`circuitry capable of communication
`according to a USB specification and
`capable of receiving power from an external
`power source
`
`Extrinsic Evidence:
`
`USB 2.0, pp. 1, 14, 24, 85-92
`
`USB 2.0 ECN #1 (10/20/2000)
`
`“Universal Serial Bus on-the-Go for
`Portable Devices” (2/29/2000 Presentation)
`
`OTG Supplement 1.0 (Dec. 2001), pp. 6, 9-
`32
`
`USB Cables and Connectors Class
`Document v. 1.0 (1999), pp. 1-2
`
`User manuals and images for USB devices
`with proprietary USB ports and connectors,
`including Olympus C700, Pentax Optio 330,
`Sony Cybershot DSC-F505, Kodak
`Easyshare Z612
`
`USB Micro-USB Cables and Connectors
`Specification (4/4/2007), pp. 6, 8
`
`USB 3.0 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and section 5.2.1
`
`USB 3.1 Specification, pp. 5-1, 5-2, 11-1,
`
`
`
`
`
`-5-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`11-2, and sections 5.3, 5.4
`
`USB Type-C Cables and Connectors
`Specification v.1.3, pp. 21-23, 60-61, 66-67,
`and section 3.4.2, Figure 3-23, Tables 3-5, 3-
`11
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Function: receiving energy from a power
`socket
`
`Corresponding Structure: A plug unit and/or
`plug adapter compatible with a North
`American power socket, a UK power socket,
`a European power socket, or a car power
`socket; and the equivalents thereof.
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Function: regulating the received energy
`from the power socket to generate a power
`output
`
`Corresponding structure: power converter
`104/304 including at least one of a switching
`converter, a transformer, a DC source, a
`voltage regulator, a linear regulator, or
`rectifier; and the equivalents thereof.
`
`6
`
`’111 patent
`claim 18
`
`means for receiving
`energy from a power
`socket
`
`
`
`7
`
`’111 patent
`claim 18
`
`means for regulating the
`received energy from the
`power socket to generate
`a power output
`
`
`
`
`
`
`
`-6-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`8
`
`’111 patent
`claim 18
`
`means for generating an
`identification signal that
`indicates to the mobile
`device that the power
`socket is not a USB hub
`or host
`
`
`
`9
`
`’111 patent
`claim 18
`
`means for coupling the
`power output and
`identification signal to
`the mobile device
`
`
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Function: generating an identification signal
`that indicates to the mobile device that the
`power socket is not a USB hub or host
`
`Corresponding Structure: an identification
`subsystem such as one that includes a
`hardwired connection or a USB controller,
`or one that can electrically connect or
`disconnect power or data lines from the USB
`connector; and the equivalents thereof.
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Function: coupling the power output and
`identification signal to the mobile device
`
`Corresponding Structure: a USB connector;
`and the equivalents thereof.
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`
`
`
`
`
`-7-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`specification and prosecution history
`
`10
`
`’111 patent
`claim 7
`
`USB controller
`
`
`
`an apparatus responsible for controlling
`communications across USB data lines or
`power delivery across USB power line
`
`Extrinsic Evidence
`
`Microsoft Computer Dictionary, 5th Ed.
`(2002), p.129 (controller: “A device that
`other devices rely on for access to a
`computer subsystem. A disk controller, for
`example, controls access to one or more disk
`drives, managing physical and logical access
`to the drive or drives.”)
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Plain and ordinary meaning; no construction
`necessary
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`11
`
`’111 patent
`claims 1 and
`17
`
`generating
`
`
`
`12
`
`’111 patent
`claims 1-3, 6-
`8, 12, 14, 16-
`18
`
`’586 patent
`claims 8-13
`
`
`
`
`
`identification signal
`
`
`
`electrical signal that provides information
`regarding an adapter power type or a power
`source type
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`
`-8-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`’766 patent
`claims 17, 19
`
`13
`
`‘586 patent
`claims 8-13
`
`Universal Serial Bus
`interface / USB interface
`
`
`
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`an interface capable of communication
`according to a USB specification and
`capable of receiving power from an external
`power source
`
`Extrinsic Evidence:
`
`USB 2.0, p. 86, section 8.6, pp. 87-92;
`
`USB 2.0 ECN #1 (Mini-B connector), pp.
`85-94, 98
`
`OTG 1.0, p. 10
`
`See also
`
`USB 2.0, pp. 1, 14, 24, 85-92
`
`USB 2.0 ECN #1 (10/20/2000)
`
`“Universal Serial Bus on-the-Go for
`Portable Devices” (2/29/2000 Presentation)
`
`OTG Supplement 1.0 (Dec. 2001), pp. 6, 9-
`32
`
`USB Cables and Connectors Class
`Document v. 1.0 (1999), pp. 1-2
`
`User manuals and images for USB devices
`with proprietary USB ports and connectors,
`including Olympus C700, Pentax Optio 330,
`Sony Cybershot DSC-F505, Kodak
`Easyshare Z612
`
`USB Micro-USB Cables and Connectors
`Specification (4/4/2007), pp. 6, 8
`
`USB 3.0 Specification, pp. 5-1, 5-2, 11-1,
`
`
`
`
`
`-9-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`14
`
`‘586 patent
`claims 8-13
`
`USB cable
`
`
`
`11-2, and section 5.2.1
`
`USB 3.1 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and sections 5.3, 5.4
`
`USB Type-C Cables and Connectors
`Specification v.1.3, pp. 21-23, 60-61, 66-67,
`and section 3.4.2, Figure 3-23, Tables 3-5, 3-
`11.
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`cable including conductors for Vbus and
`Gnd power and D+ and D- communications
`
`Extrinsic Evidence:
`
`USB 2.0, p.86, section 8.6, pp.87-92;
`
`USB 2.0 ECN #1 (Mini-B connector),
`pp.85-94, 98
`
`OTG 1.0, p. 10
`
`See also
`
`USB 2.0, pp. 1, 14, 24, 85-92
`
`USB 2.0 ECN #1 (10/20/2000)
`
`“Universal Serial Bus on-the-Go for
`Portable Devices” (2/29/2000 Presentation)
`
`OTG Supplement 1.0 (Dec. 2001), pp. 6, 9-
`32
`
`USB Cables and Connectors Class
`Document v. 1.0 (1999), pp. 1-2
`
`User manuals and images for USB devices
`
`
`
`
`
`-10-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`with proprietary USB ports and connectors,
`including Olympus C700, Pentax Optio 330,
`Sony Cybershot DSC-F505, Kodak
`Easyshare Z612
`
`USB Micro-USB Cables and Connectors
`Specification (4/4/2007), pp. 6, 8
`
`USB 3.0 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and section 5.2.1
`
`USB 3.1 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and sections 5.3, 5.4
`
`USB Type-C Cables and Connectors
`Specification v.1.3, pp. 21-23, 60-61, 66-67,
`and section 3.4.2, Figure 3-23, Tables 3-5, 3-
`11.
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`15
`
`’586 patent
`claim 11
`
`microprocessor
`
`Plain and ordinary meaning; no construction
`necessary
`
`
`
`Extrinsic Evidence:
`
`Microsoft Computer Dictionary (2002), p.
`338 (microprocessor: “A central processing
`unit (CPU) on a single chip”); p. 132
`(“CPU”: “The CPU is the device that
`interprets and executes instructions.”)
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`
`
`
`
`
`-11-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`16
`
`’550 patent
`claim 3-8
`
`specification and prosecution history
`
`[configured to supply
`current on the VBUS
`line without regard to] at
`least one associated
`condition specified in a
`USB specification
`
`
`
`at least one condition associated with
`supplying current in a Universal Serial Bus
`specification
`
`The bracketed portion of the claim element
`(proposed by Defendants) requires no
`additional construction (i.e., plain and
`ordinary meaning)
`
`Extrinsic Evidence:
`
`USB 2.0, Section 7.2 & Table 7-7, Section
`9.1.2
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`17
`
`’550 patent
`claims 12-17
`
`[configured to supply
`current on the VBUS
`line without regard to] at
`least one USB
`Specification imposed
`limit
`
`
`
`at least one Universal Serial Bus 2.0
`Specification current supply limit
`
`The bracketed portion of the claim element
`(proposed by Defendants) requires no
`additional construction (i.e., plain and
`ordinary meaning)
`
`Extrinsic Evidence:
`
`USB 2.0, Section 7.2 & Table 7-7, Section
`9.1.2
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`
`
`
`
`-12-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`18
`
`’550 patent
`claims 3-8,
`12-17
`
`’766 patent,
`all claims
`
`[USB] communication
`path
`
`path over which signals across USB data
`pins can be received or transmitted
`
`
`
`Extrinsic Evidence:
`
`USB 2.0, pp. 1, 14, 24, 85-92
`
`USB 2.0 ECN #1 (10/20/2000)
`
`“Universal Serial Bus on-the-Go for
`Portable Devices” (2/29/2000 Presentation)
`
`OTG Supplement 1.0 (Dec. 2001), pp. 6, 9-
`32
`
`USB Cables and Connectors Class
`Document v. 1.0 (1999), pp. 1-2
`
`User manuals and images for USB devices
`with proprietary USB ports and connectors,
`including Olympus C700, Pentax Optio 330,
`Sony Cybershot DSC-F505, Kodak
`Easyshare Z612
`
`USB Micro-USB Cables and Connectors
`Specification (4/4/2007), pp. 6, 8
`
`USB 3.0 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and section 5.2.1
`
`USB 3.1 Specification, pp. 5-1, 5-2, 11-1,
`11-2, and sections 5.3, 5.4
`
`USB Type-C Cables and Connectors
`Specification v.1.3, pp. 21-23, 60-61, 66-67,
`and section 3.4.2, Figure 3-23, Tables 3-5, 3-
`11.
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`
`
`
`
`
`-13-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`19
`
`’550 patent
`claims 4-8,
`13-17
`
`’766 patent
`claims 1-23
`
`abnormal data condition
`on said USB
`communication path /
`abnormal USB data
`condition [detected at
`said USB
`communication path] /
`abnormal data line
`condition / abnormal
`USB data line condition
`/ abnormal signal [on the
`USB communication
`path]
`
`
`
`specification and prosecution history.
`
`condition detected at the USB
`communication path that is not defined as a
`valid (or legal) data condition by the USB
`specification
`
`Extrinsic Evidence:
`
`USB 2.0 at Sections 7.1.1, 7.1.2, 7.1.2.1,
`7.1.2.2, 7.1.5.1, 7.1.5.2, 7.1.7.2, 7.1.7.4,
`7.1.7.4.1, 7.1.7.4.2; Tables 7-2, 7-3, 7-7;
`Figures 7-8, 7-13 to 7-18, 7-20, 7-21, 7-30,
`11-48, 11-50, 11-68, 11-70, 11-74, 11-83,
`11-84, 11-87, A-2, A-3, and A-48
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`20
`
`‘550 patent
`claims 6, 15
`
`abnormal data line
`condition on said D+
`line and said D- line
`
`condition detected at the D+ line and D- line
`that is not defined as a valid (or legal) data
`condition by the USB specification
`
`‘766 patent
`claims 5, 13
`
`
`
`USB 2.0 at Sections 7.1.1, 7.1.2, 7.1.2.1,
`7.1.2.2, 7.1.5.1, 7.1.5.2, 7.1.7.2, 7.1.7.4,
`7.1.7.4.1, 7.1.7.4.2; Tables 7-2, 7-3, 7-7;
`Figures 7-8, 7-13 to 7-18, 7-20, 7-21, 7-30,
`11-48, 11-50, 11-68, 11-70, 11-74, 11-83,
`11-84, 11-87, A-2, A-3, and A-48
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`21
`
`’550 patent
`
`USB enumeration
`
`identification and assignment of unique
`
`
`
`
`
`-14-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`claims 3, 12
`
`
`
`addresses to an attached USB device
`
`’766 patent
`claims 3, 11
`
`Extrinsic Evidence:
`
`USB 2.0 specification, pp. 3, 20 (section
`4.6.3), 22, 171 (section 7.2.1), 174 (sections
`7.2.1.4, 7.2.1.5), 243-44 (section 9.1.2), 245
`(section 9.2.5.1), 288 (section 10.5.1.1), 340
`(section 11.12.6)
`
`See also, e.g., corresponding sections in
`USB 3.0, USB 3.1 specifications.
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`22
`
`’766 patent
`claims 1-16
`
`at least one
`predetermined USB
`Specification limit
`
`at least one limit related to current/power
`draw defined by the Universal Serial Bus 2.0
`Specification that is determined beforehand
`
`
`
`Extrinsic Evidence:
`
`USB 2.0, Section 7.2 & Table 7-7, Section
`9.1.2
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`23
`
`’766 patent
`claims 17-23
`
`at least one USB
`Specification defined
`limit
`
`at least one limit related to current draw
`defined by the Universal Serial Bus 2.0
`Specification
`
`
`
`Extrinsic Evidence:
`
`USB 2.0, Section 7.2 & Table 7-7, Section
`
`
`
`
`
`-15-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`9.1.2
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`voltage difference between two terminals of
`(a/the) battery charge controller
`
`battery charge controller: circuitry that
`manages charging of a battery
`
`Extrinsic Evidence:
`
`McGraw Hill Electronics Dictionary (6th
`Ed. 1997) at 508 ("voltage drop The
`voltage developed across a component or
`conductor by the flow of current through the
`resistance or impedance of that component
`or conductor.");
`
`IEEE Authoritative Dictionary of Electrical
`and Electronics Standards Terms (7th Ed.
`2000) at 1261 ("voltage drop (1) The
`difference of voltages at the two terminals of
`passive impedance.")
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`data bus that allows for communication in
`accordance with a USB specification, and
`allows for the provision of power
`
`Extrinsic Evidence:
`
`-16-
`
`24
`
`’319 patent
`claims 1-5, 9-
`11, 13-20
`
`voltage drop across
`[a/the] battery charge
`controller
`
`
`
`’514 patent
`claims 1-9,
`13-20
`
`25
`
`’319 patent
`claims 1-5, 9-
`11, 13-20
`
`universal serial bus
`(USB) port
`
`
`
`
`
`
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`26
`
`’319 patent
`claims 15-19
`
`non-USB source
`
`power from a source that is not a USB port
`
`
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`27
`
`’319 patent
`claims 1-5, 9-
`11, 13-20
`
`switch / semiconductor
`switch
`
`
`
`a switch: one or more devices or circuits that
`control conductance between two nodes and
`that are capable of operating in on, off and
`non-transient linear modes
`
`’514 patent
`claims 1-9,
`13-20
`
`’655 patent
`claims 3, 5-6,
`8, 10-11
`
`28
`
`’319 patent
`claims 1-5, 9-
`11, 13-20
`
`’514 patent
`claims 1-9,
`
`such that … the
`[rechargeable] battery
`receives a remainder of
`[the] power available
`from the battery charge
`controller / such that …
`
`semiconductor switch: switch as defined
`above that comprises semiconductor
`material
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`such that … the rechargeable battery
`receives a portion of the power available
`from the battery charge controller that is not
`used by the portable device /
`
`such that . . . the rechargeable battery
`
`
`
`
`
`-17-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`13-20
`
`the rechargeable battery
`receives a remainder of
`the received power
`
`receives a portion of the power received
`from the USB port that is not used by
`portable device
`
`
`
`Extrinsic Evidence:
`
`Webster's Third New International
`Dictionary of the English Language at 1919
`(2002): (Remainder 2a: a remaining group,
`part, or trace . . . b: the number left after
`subtraction or deduction; the undivided part
`less or lower in degree than the divisor after
`division.")
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`reference voltage /
`reference voltage signal
`
`a voltage level against which a voltage of
`interest is compared
`
`
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`
`
`a voltage level based on which a voltage of
`interest is determined
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`
`29
`
`’319 patent
`claims 4, 5,
`10
`
`’514 patent
`claims 4, 5, 8,
`19
`
`
`
`30
`
`’655 patent
`claims 3, 5-6,
`8, 10-11
`
`reference voltage
`
`
`
`
`
`
`
`-18-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`31
`
`’319 patent
`claim 20
`
`means for receiving
`power from the USB
`port
`
`
`
`32
`
`’319 patent
`claim 20
`
`means for supplying the
`received power to the
`rechargeable battery and
`to the portable device,
`wherein the supplied
`power is limited such
`that the rechargeable
`battery and the portable
`device may not draw
`more than a pre-
`determined maximum
`amount of current
`available from the USB
`port
`
`
`
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Function: receiving power from the USB
`port
`
`Corresponding Structure: battery charge
`controller; and the equivalents thereof.
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Function: supplying the received power to
`the rechargeable battery and to the portable
`device, wherein the supplied power is
`limited such that the rechargeable battery
`and the
`portable device may not draw more than a
`pre-determined maximum amount of current
`available from the USB port
`
`Corresponding Structure: a battery charge
`controller in coordination with hardware
`such as a resistor to ground, a battery charge
`controller receiving programmable current
`limits, programmable devices such as
`digital signal processors (DSPs), micro-
`controller (including microcontroller with an
`DAC that can control battery charge
`controller current output), field
`programmable gate arrays (FPGAs),
`application specific integrated circuits
`(ASICs) and the like with programmed
`instructions that control current output level
`of battery charge controller embodied as sets
`of executable machine code stored as object
`
`
`
`
`
`-19-
`
`

`

`
`
`
`
`Asserted
`Patent and
`Claims
`
`Claim Term, Phrase,
`or Clause to be
`Construed
`
`Proposed Preliminary Construction and
`Identification of Extrinsic Evidence
`
`33
`
`’319 patent
`claim 20
`
`means for both isolating
`the rechargeable battery
`from the portable device
`and controlling an
`amount of current
`supplied to the
`rechargeable battery
`such that the portable
`device receives a pre-
`determined amount of
`the received power
`needed to operate and
`the rechargeable battery
`receives a remainder of
`the received power
`
`
`
`or source code, integrated with the code of
`other programs, implemented as subroutines,
`by external program calls or HDLs; and
`equivalents thereof.
`
`Extrinsic Evidence:
`
`Fundamental may rely upon expert
`testimony from Dr. Kenneth Fernald (1) to
`show the skill level of a person of ordinary
`skill in the art; and (2) to show how a person
`of ordinary skill in the art would have
`understood the claim term in light of the
`specification and prosecution history
`
`Function: isolating the rechargeable battery
`from the portable device and
`controlling an amount of current supplied to
`the rechargeable battery such that the
`portable device receives a pre-determined
`amount of the received power needed to
`operate and the rechargeable bat