`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`Plaintiff,
`
`Civil Action No. 2:17-cv-442-JRG
`Lead Case
`Jury Trial Demanded
`
`Civil Action No. 2:17-cv-441-JRG
`Consolidated Case
`Jury Trial Demanded
`
`SEVEN NETWORKS, LLC,
`
`
`
`v.
`
`GOOGLE LLC,
`
`
`
`
`SEVEN NETWORKS, LLC,
`
`
`
`v.
`
`SAMSUNG ELECTRONICS AMERICA, INC. AND
`SAMSUNG ELECTRONICS CO., LTD.,
`
`
`
`
`
`
`Defendants.
`
`
`SEVEN NETWORKS, LLC’S PRELIMINARY
`CLAIM CONSTRUCTIONS AND EXTRINSIC EVIDENCE
`
`In accordance with P.R. 4-2, SEVEN Networks, LLC provides its preliminary proposed
`
`positions for each term, phrase, and clause that SEVEN and Defendants Google LLC, Samsung
`
`Electronics America, Inc., and Samsung Electronics Co., Ltd. collectively identified for claim
`
`construction in their P.R. 4-1 disclosures.1 The preliminary proposed positions and
`
`corresponding extrinsic evidence are described in Exhibit A.
`
`
`1 In an effort to match what SEVEN believes Defendants intend to put into issue in claim
`construction, SEVEN has provided its preliminary positions even for each term, phrase, and
`clause that Defendants have untimely and improperly identified in their late revised P.R. 4-1
`disclosures (dated April 21, 2018).
`
`
`SEVEN’s P.R. 4-2 Disclosures
`
`
`
`Page 1
`
`Page 1 of 138
`
`GOOGLE EXHIBIT 1031
`
`

`

`
`
`Although SEVEN provides its proposed positions, as further explained in Exhibit A,
`
`SEVEN objects to many of the proposed terms, phrases, and arguments in Defendants’ untimely
`
`revised P.R. 4-1 disclosures. For example, Defendants’ revised P.R. 4-1 disclosures violate at
`
`least P.R. 3-3(d) and 4-1(a) by introducing new terms for construction; new proposals to construe
`
`certain terms under 35 U.S.C. § 112(6) or (f); and new indefiniteness invalidity theories that
`
`were not timely disclosed in Defendants’ original P.R. 4-1 disclosures (dated February 13, 2018)
`
`or Defendants’ P.R. 3-3 and 3-4 Invalidity Contentions (dated November 15, 2017). By failing to
`
`timely identify certain terms and arguments, and failing to seek leave to amend their initial
`
`invalidity and P.R. 4-1 disclosures, Defendants have waived their ability to pursue those terms
`
`and arguments. SEVEN offers more detailed explanations for its objections in Exhibit A.
`
`SEVEN’s inclusion of proposed positions and extrinsic evidence for Defendants’ objectionable
`
`terms and disclosures is meant solely to match Defendants’ revised P.R. 4-1 disclosures and
`
`should not be understood to waive any of SEVEN’s objections to Defendants’ repeated failures
`
`to follow the Court’s Local Patent Rules. SEVEN hopes that Defendants will withdraw each new
`
`and untimely disclosed proposed term, § 112(6) contention, and indefiniteness invalidity theory
`
`as detailed in Exhibit A. Should Defendants refuse to withdraw these new and untimely
`
`disclosures, SEVEN reserves the right to file a motion to strike them.
`
`Further, SEVEN’s P.R. 4-2 disclosures put forth a good-faith effort to propose
`
`constructions and identify extrinsic evidence for Defendants’ numerous, lengthy, and
`
`continuously evolving list of proposed terms and phrases. Defendants’ serial, substantive
`
`revisions to their P.R. 4-1 disclosures (the latest revision served six days before the P.R. 4-2
`
`deadline) have impaired SEVEN’s ability to fully investigate, respond to, and collect evidence
`
`for Defendants’ list of proposed terms and phrases. Moreover, due to Defendants’ failure to
`
`
`
`SEVEN’s P.R. 4-2 Disclosures
`
`
`
`Page 2
`
`Page 2 of 138
`
`

`

`
`
`meaningfully meet and confer regarding their proposed terms, SEVEN has a very limited
`
`understanding of the actual claim-construction disputes in this case. For example, Defendants
`
`proposed a number of lengthy phrases for construction but were unwilling to either explain the
`
`reason why those phrases were proposed or clarify the dispute in any way so that the parties
`
`could meaningfully discuss or resolve differences as P.R. 4-1(b) contemplates. Furthermore,
`
`Defendants refused to identify which of their 140 originally proposed terms were allegedly
`
`indefinite until six days before the P.R. 4-2 deadline.
`
`In addition to the extrinsic evidence cited in Exhibit A, SEVEN may rely on alleged prior
`
`art identified by Google and Samsung in their invalidity contentions and any evidence cited by
`
`Google and Samsung in their P.R. 4-2 disclosures.
`
`As noted in Exhibit A, SEVEN may support its claim-construction briefing with
`
`declarations from experts Dr. Michael Goodrich, Dr. Hugh Smith, and Dr. Jon Weissman
`
`regarding, for example, the understanding, at the time of the respective invention, that a person
`
`of ordinary skill in the art would have had of the disputed claim terms; why the claim terms are
`
`definite; the structures, acts, or materials corresponding to each claim element that Defendants
`
`contend may be governed by § 112(6) or (f) (although SEVEN does not contend that any element
`
`is governed by that paragraph); and the level of ordinary skill in the art. To the extent SEVEN
`
`may use expert testimony to support its constructions, it has so noted in the attached Exhibit A.
`
`Additionally, SEVEN may ask Drs. Goodrich, Smith, and Weissman to provide rebuttal
`
`testimony based on Google’s and Samsung’s use of expert testimony, or if Google’s and
`
`Samsung’s proposed constructions warrant it.
`
`
`
`
`
`SEVEN’s P.R. 4-2 Disclosures
`
`
`
`Page 3
`
`Page 3 of 138
`
`

`

`
`
`
`
`
`Samuel F. Baxter
` Texas State Bar No. 01938000
` sbaxter@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`Theodore Stevenson, III
` Texas State Bar No. 19196650
` tstevenson@mckoolsmith.com
`Eric S. Hansen
` Texas State Bar No. 24062763
` ehansen@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 Crescent Court, Suite 1500
`Dallas, Texas 75201
`Telephone: (214) 978-4000
`Telecopier: (214) 978-4044
`
`ATTORNEYS FOR PLAINTIFF
`SEVEN NETWORKS, LLC
`
`
`
`Dated: April 27, 2018
`
`Respectfully submitted,
`
`/s/ J. Michael Heinlen
`Bruce S. Sostek
` State Bar No. 18855700
` Bruce.Sostek@tklaw.com
`Max Ciccarelli
` State Bar No. 00787242
` Max.Ciccarelli@tklaw.com
`Herbert J. Hammond
` State Bar No. 08858500
` Herbert.Hammond@tklaw.com
`Richard L. Wynne Jr.
` State Bar No. 24003214
` Richard.Wynne@tklaw.com
`J. Michael Heinlen
` State Bar No. 24032287
` Michael.Heinlen@tklaw.com
`Adrienne E. Dominguez
` State Bar No. 00793630
` Adrienne.Dominguez@tklaw.com
`Justin S. Cohen
` State Bar No. 24078356
` Justin.Cohen@tklaw.com
`Vishal Patel
` State Bar No. 24065885
` Vishal.Patel@tklaw.com
`Nadia E. Haghighatian
` State Bar No. 24087652
` Nadia.Haghighatian@tklaw.com
`Austin Teng
` State Bar No. 24093247
` Austin.Teng@tklaw.com
`Natalie Cooley
` State Bar No. 24079912
` Natalie.Cooley@tklaw.com
`Matthew Cornelia
` State Bar No. 24097534
` Matt.Cornelia@tklaw.com
`THOMPSON & KNIGHT LLP
`One Arts Plaza
`1722 Routh St., Suite 1500
`Dallas, Texas 75201
`214.969.1700
`214.969.1751 (Fax)
`
`ATTORNEYS FOR PLAINTIFF
`SEVEN NETWORKS, LLC
`
`
`SEVEN’s P.R. 4-2 Disclosures
`
`
`
`Page 4
`
`Page 4 of 138
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I certify that on April 27, 2018, I served the foregoing document on counsel of record for
`
`Defendants via email.
`
`/s/ Matthew W. Cornelia
`Matthew W. Cornelia
`
`
`
`
`
`
`
`SEVEN’s P.R. 4-2 Disclosures
`
`
`
`Page 5
`
`Page 5 of 138
`
`

`

`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`Page 6 of 138
`
`

`

`U.S. Patent No. 8,078,158
`
`Patent Claim Term
`’158
`“identifying, from the
`mobile device, user
`information and the mobile
`device information of the
`mobile device” / “the user
`information and mobile
`device information
`concerning the mobile
`device are provided to a
`network server”
`
`Claim 10
`
`Identified By
`Google/Samsung
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`No construction necessary. These phrases are clear and unambiguous, and
`the terms in each are being used consistent with their plain and ordinary
`meanings.
`
`The step of “identifying, from the mobile device, user information and the
`mobile device information of the mobile device” is not required to occur
`before the element “the user information and mobile device information
`concerning the mobile device are provided to a network server.”
`
`Extrinsic Evidence:
`
`See, e.g., From, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“Used to indicate a specified place or time as a
`starting point . . . . Used to indicate a source, cause, agent, or instrument . .
`. . Used to indicate separation, removal, or exclusion.”).
`[SEVENLIT0423779]
`
`See, e.g., Identify, Merriam-Webster’s Collegiate Dictionary (10th ed.
`1993) (“2 a: to establish the identity of”). [SEVENLIT0424169]
`
`See, e.g., Identify, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“1. To establish the identity of. 2. To ascertain
`the origin, nature, or definitive characteristics of.”). [SEVENLIT0423780]
`
`See, e.g., Identify, Dictionary.com,
`http://www.dictionary.com/browse/identify?s=t (“to recognize or establish
`as being a particular person or thing”).[ SEVENLIT0424670]
`
`See, e.g., Identify, CollinsDictionary.com,
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-1
`
`Page 7 of 138
`
`

`

`Patent Claim Term
`
`Identified By
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`https://www.collinsdictionary.com/dictionary/english/identify (“If you can
`identify someone or something, you are able to recognize them or
`distinguish them from others.”). [SEVENLIT0424674]
`
`See, e.g., Information, Merriam-Webster’s Collegiate Dictionary (10th ed.
`1993) (“1 : the communication or reception of knowledge or intelligence
`(3) c (1) : a signal or character (as in a communication system or
`computer) representing data”). [SEVENLIT0424170]
`
`See, e.g., Information, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“3. A collection of facts or data: statistical
`information...5. Computer Science Processed, stored, or transmitted
`data.”) [SEVENLIT0423782]
`
`See, e.g., Server, Oxford Dictionary of Computing (6th ed. 2008) (“A
`system on a network that provides a service to other systems connected to
`the network.”). [SEVENLIT0424369]
`
`See, e.g., Server, Webster’s New World Computer Dictionary (10th ed.
`2003) (“In a client/server network, a computer or program that is
`dedicated to providing information in response to external requests. . . . .
`On the Internet, a program that supplies information when it receives
`external requests via Internet connections.”). [SEVENLIT0424424]
`
`See, .e.g., Server, whatis?com’s Encyclopedia of Technology Terms
`(2002) (“In general, a server is a computer program that provides services
`to other computer programs in the same or other computers. The computer
`.that a server program runs in is; also frequently referred to as a server
`though it may contain a number of server and client programs).”).
`[SEVENLIT0424455-56]
`
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-2
`
`Page 8 of 138
`
`

`

`Patent Claim Term
`
`’158
`
`“provisioning the
`application on the mobile
`device”
`
`Claim 10
`
`Identified By
`
`Google/Samsung
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`SEVEN may rely on the testimony of Dr. Jon Weissman regarding the
`construction of the phrase(s) “identifying, from the mobile device, user
`information and the mobile device information of the mobile device” /
`“the user information and mobile device information concerning the
`mobile device are provided to a network server” as it is used in the
`asserted claims of the ’158 patent. Dr. Weissman would testify regarding
`his opinion of the level of ordinary skill in the art, and how “identifying,
`from the mobile device, user information and the mobile device
`information of the mobile device” / “the user information and mobile
`device information concerning the mobile device are provided to a
`network server” would be understood by a person of ordinary skill in the
`art in the context of the ’158 patent.
`
`No construction necessary. This phrase is clear and unambiguous, and all
`of the terms in it are being used consistent with their plain and ordinary
`meanings.
`
`Extrinsic Evidence:
`
`See, e.g., Provision, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“The act of supplying or fitting out. . . . A
`preparatory action or measure.”). [SEVENLIT0423795]
`
`See, .e.g., Provisioning, whatis?com’s Encyclopedia of Technology Terms
`(2002) (“In general, provisioning means ‘providing.’ In
`telecommunications terminology, provisioning means providing a product
`or service, such as wiring or bandwidth. . . . . Providing
`telecommunications service to a user, including everything necessary to
`set up the service, such as equipment, wiring, and transmission.”).
`[SEVENLIT0424454]
`
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-3
`
`Page 9 of 138
`
`

`

`Patent Claim Term
`
`’158
`
`“the requirements for
`operating the application,
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`See, e.g., Application, Microsoft Computer Dictionary (5th ed. 2002) (“A
`program designed to assist in the performance of a specific task, such as
`word processing, accounting, or inventory management.”).
`[SEVENLIT0127628]
`
`See, e.g., Application, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“A computer program with a user interface.”).
`[SEVENLIT0423761]
`
`See, e.g., Application, Webster’s New World Computer Dictionary (10th
`ed. 2003) (“A program that enables a user to do something useful with the
`computer, such as writing or accounting (as opposed to utilities, programs
`that help the user maintain the computer).”). [SEVENLIT0424645]
`
`See, e.g., Application, whatis?com’s Encyclopedia of Technology Terms
`(2002) (“The term application is a shorter form of application program. An
`application program is a program designed to perform a specific function
`directly for the user or, in some cases, for another application program.
`Examples of applications include word processors, database programs,
`Web browsers, development tools, drawing, paint, image editing
`programs, and communication programs.”). [SEVENLIT0424446]
`
`SEVEN may rely on the testimony of Dr. Jon Weissman regarding the
`construction of the phrase “provisioning the application on the mobile
`device” as it is used in the asserted claims of the ’158 patent. Dr.
`Weissman would testify regarding his opinion of the level of ordinary skill
`in the art, and how “provisioning the application on the mobile device”
`would be understood by a person of ordinary skill in the art in the context
`of the ’158 patent.
`
`No construction necessary. This phrase is clear and unambiguous, and all
`of the terms in it are being used consistent with their plain and ordinary
`
`Identified By
`
`Google/Samsung
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-4
`
`Page 10 of 138
`
`

`

`Patent Claim Term
`specifies components to be
`installed to provision the
`application on the mobile
`device”
`
`Claim 10
`
`Identified By
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`meanings.
`
`Extrinsic Evidence:
`
`See, e.g., Requirement, Merriam-Webster’s Collegiate Dictionary (10th
`ed. 1993) (“a: something wanted or needed: NECESSITY . . . b:
`something essential to the existence or occurrence of something else:
`CONDITION”). [SEVENLIT0424191]
`
`See, e.g., Operate, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“To control the functioning of; run.”).
`[SEVENLIT0423788]
`
`See, e.g., Application, Microsoft Computer Dictionary (5th ed. 2002) (“A
`program designed to assist in the performance of a specific task, such as
`word processing, accounting, or inventory management.”).
`[SEVENLIT0127628]
`
`See, e.g., Application, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“A computer program with a user interface.”).
`[SEVENLIT0423761]
`
`See, e.g., Application, Webster’s New World Computer Dictionary (10th
`ed. 2003) (“A program that enables a user to do something useful with the
`computer, such as writing or accounting (as opposed to utilities, programs
`that help the user maintain the computer).”). [SEVENLIT0424645]
`
`See, .e.g., Application, whatis?com’s Encyclopedia of Technology Terms
`(2002) (“The term application is a shorter form of application program. An
`application program is a program designed to perform a specific function
`directly for the user or, in some cases, for another application program.
`Examples of applications include word processors, database programs,
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-5
`
`Page 11 of 138
`
`

`

`Patent Claim Term
`
`Identified By
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`Web browsers, development tools, drawing, paint, image editing
`programs, and communication programs.”). [SEVENLIT0424446]
`
`See, e.g., Specify, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“4. To determine or bring about (a specific
`result): a gene that specifies the synthesis of a single protein.”).
`[SEVENLIT0423800]
`
`See, e.g., Component, Webster’s New World Computer Dictionary (10th
`ed. 2003) (“A part or module of a program or package.”).
`[SEVENLIT0424647]
`
`See, .e.g., Component, whatis?com’s Encyclopedia of Technology Terms
`(2002) (“In programming and engineering disciplines, a component is an
`identifiable part of a larger program or construction. Usually, a component
`provides a particular function or group of related functions. . . . In object-
`oriented programming and distributed object technology, a component is a
`reusable program building block that can be combined with other
`components in the same or other computers in a distributed network to
`form an application.”). [SEVENLIT0424449]
`
`See, e.g., Installed, Merriam-Webster’s Collegiate Dictionary (10th ed.
`1993) (“2: to establish in an indicated place, condition, or status 3: to set
`up for use or service”). [SEVENLIT0424172]
`
`See, e.g., Install, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“1. To connect or set in position and prepare for
`use: installed software on my computer.”). [SEVENLIT0423783]
`
`See, e.g., Provision, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“The act of supplying or fitting out. . . . A
`preparatory action or measure.”). [SEVENLIT0423795]
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-6
`
`Page 12 of 138
`
`

`

`Patent Claim Term
`
`Identified By
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`
`See, .e.g., Provisioning, whatis?com’s Encyclopedia of Technology Terms
`(2002) (“In general, provisioning means ‘providing.’ In
`telecommunications terminology, provisioning means providing a product
`or service, such as wiring or bandwidth. . . . . Providing
`telecommunications service to a user, including everything necessary to
`set up the service, such as equipment, wiring, and transmission.”).
`[SEVENLIT0424454]
`
`SEVEN may rely on the testimony of Dr. Jon Weissman regarding the
`construction of the phrase “the requirements for operating the application,
`specifies components to be installed to provision the application on the
`mobile device” as it is used in the asserted claims of the ’158 patent. Dr.
`Weissman would testify regarding his opinion of the level of ordinary skill
`in the art, and how “the requirements for operating the application,
`specifies components to be installed to provision the application on the
`mobile device” would be understood by a person of ordinary skill in the
`art in the context of the ’158 patent.
`
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-7
`
`Page 13 of 138
`
`

`

`U.S. Patent No. 8,811,952
`
`Patent Claim Term
`’952
`“on a periodic basis”
`
`Claim 26
`
`“periodicity”
`
`Claim 26
`
`“the periodicity of the
`synchronization requests
`occur at a frequency
`determined according to
`remaining battery power on
`the mobile device”
`
`Claim 26
`
`
`Identified By
`Google/Samsung
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`No construction necessary. The terms “on a periodic basis,” “periodicity,”
`and “the periodicity of the synchronization requests occur at a frequency
`determined according to remaining battery power on the mobile device”
`are used consistent with their plain and ordinary meanings.
`
`Extrinsic Evidence:
`
`See, e.g., Periodic, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“having or marked by repeated cycles;
`happening or appearing regularly or from time to time”).
`[SEVENLIT0423790]
`
`See, e.g., Periodic, The American Heritage Dictionary of the English
`Language (5th ed. 2011) (“Having or marked by repeated cycles;
`happening or appearing regularly or from time to time”).
`[SEVENLIT0424434]
`
`See, e.g., Periodicity, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“the quality or state of being periodic;
`recurrence at regular intervals”). [SEVENLIT0423790]
`
`See, e.g., Periodicity, The American Heritage Dictionary of the English
`Language (5th ed. 2011) (“The quality or state of being periodic;
`recurrence at regular intervals”). [SEVENLIT0424434]
`
`See, e.g., Basis, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (“An underlying circumstance or condition”).
`[SEVENLIT0423768]
`
`See, e.g., Basis, The American Heritage Dictionary of the English
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-8
`
`Page 14 of 138
`
`

`

`Patent Claim Term
`
`’952
`
`“synchronization trigger”
`
`Claim 27
`
`Identified By
`
`Google/Samsung
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`Language (5th ed. 2011) (“An underlying circumstance or condition; a
`pattern or schedule for proceeding; a condition for relating or
`proceeding”). [SEVENLIT0424420]
`
`The term “synchronization trigger” should be construed according to its
`plain and ordinary meaning (i.e., “signal causing the synchronization
`request to be sent”).
`
`Extrinsic Evidence:
`
`See, e.g., Synchronization, Webster’s New World Computer Dictionary
`(10th ed. 2003) (“A procedure that updates a file archive to make sure that
`the archive contains the most recent version of the files”).
`[SEVENLIT0129818]
`
`See, e.g., Synchronize, Webster’s New World Computer Dictionary (10th
`ed. 2003) (“In computer file systems, to update archived files so that [the]
`archive contains the most recent versions of these files”).
`[SEVENLIT0129818]
`
`See, e.g., Synchronize, The American Heritage Dictionary of the English
`Language (5th ed. 2011) (“to transfer data between (two devices) to ensure
`that the same data is stored on both”). [SEVENLIT0424440]
`
`See, e.g., Trigger, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (An event that precipitates other events; to set
`off; initiate). [SEVENLIT0129803]
`
`See, e.g., Trigger, The American Heritage Dictionary of the English
`Language (5th ed. 2011) (An event that precipitates other events; to set
`off; initiate). [SEVENLIT0424442]
`
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-9
`
`Page 15 of 138
`
`

`

`Patent Claim Term
`
`’952
`
`“synchronization request”
`
`Claim 27
`
`
`Identified By
`
`Google/Samsung
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`See, e.g., Trigger, A Dictionary of Computer (6th ed. 2008) (to initiate the
`operation of an electric circuit or device). [SEVENLIT0129770]
`
`See, e.g., Trigger, Webster’s New World Computer Dictionary (10th ed.
`2003) (in a computer program, an event (such as a mouse click) that
`automatically initiates a procedure). [SEVENLIT0424656]
`
`SEVEN objects to Defendants’ late disclosure of this newly and untimely
`proposed term. The term “synchronization request” was not identified in
`Defendants’ P.R. 3-3 Invalidity Contentions (dated November 15, 2017),
`nor was it identified in Defendants’ P.R. 4-1 Disclosures (dated February
`13, 2018), and this term was not discussed during the parties’ meet and
`confers on the claim terms at issue. Accordingly, SEVEN contends that
`this term is not in issue.
`
`SEVEN requests that Defendants’ withdraw this term. Otherwise, SEVEN
`reserves the right to file a motion to strike.
`
`If the Court determines this term is at issue, no construction is necessary.
`The term “synchronization request” is not indefinite, and it is used
`consistent with its plain and ordinary meaning.
`
`Extrinsic Evidence:
`
`Although SEVEN contends that this term is not in issue, SEVEN reserves
`the right to provide an expert declaration from Dr. Hugh Smith regarding
`the construction of the term “synchronization request,” as the term is used
`in the asserted claims of the ’952 patent. If such a declaration is provided,
`Dr. Smith would opine on how a person of ordinary skill in the art to
`which the ’952 patent pertains would have understood the term
`“synchronization request” in the context of the patent at the time of the
`invention, as well as the level of ordinary skill in the art.
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-10
`
`Page 16 of 138
`
`

`

`Patent Claim Term
`
`Identified By
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`
`See, e.g., Synchronization, Webster’s New World Computer Dictionary
`(10th ed. 2003) (“A procedure that updates a file archive to make sure that
`the archive contains the most recent version of the files”).
`[SEVENLIT0129818]
`
`See, e.g., Synchronize, Webster’s New World Computer Dictionary (10th
`ed. 2003) (“In computer file systems, to update archived files so that [the]
`archive contains the most recent versions of these files”).
`[SEVENLIT0129818]
`
`See, e.g., Synchronize, The American Heritage Dictionary of the English
`Language (5th ed. 2011) (“to transfer data between (two devices) to ensure
`that the same data is stored on both”). [SEVENLIT0424440]
`
`See, e.g., Request, The American Heritage Dictionary of the English
`Language (4th ed. 2000) (To express a desire for; something asked for).
`[SEVENKLIT0423797]
`
`See, e.g., Request, The American Heritage Dictionary of the English
`Language (5th ed. 2011) (To express a desire for; something asked for).
`[SEVENLIT0424436]
`
`See, e.g., Request, Merriam-Webster.com, https://www.merriam-
`webster.com/dictionary/request (“the act or instance of asking for
`something” or “something asked for”) (last visited Apr. 26, 2018).
`[SEVENLIT0424273]
`
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-11
`
`Page 17 of 138
`
`

`

`U.S. Patent No. 9,247,019
`
`Patent Claim Term
`’019
`“delay content requests”
`
`Claim 1.
`
`Identified By
`Google/Samsung
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`No construction necessary. The term “delay content requests” is used
`consistent with its plain and ordinary meaning (i.e., “defer content
`requests”).
`
`Extrinsic Evidence:
`
`See, e.g., Delay, The American Heritage Dictionary of the English
`Language (5th ed. 2011) (“To postpone until a later time; defer.”).
`[SEVENLIT0424425]
`
`See, e.g., Delay, Merriam-Webster’s Collegiate Dictionary (10th ed. 1993)
`(“1 : PUT OFF, POSTPONE 2 : to stop, detain, or hinder for a time”).
`[SEVENLIT0424161]
`
`See, e.g., Content, Newton’s Telecom Dictionary (23rd ed. 2007) (“In the
`computer world, according to William Safire, content means ‘information
`on a Web site.’ Companies who provide content are called content
`suppliers, or OSPs (on-line service providers). A content provider was once
`called an information provider.”). [SEVENLIT0424335]
`
`See, e.g., Content Provider Basics, Android Developers,
`https://developer.android.com/guide/topics/providers/content-provider-
`basics.html; see also Content Providers, Internet Archive Wayback
`Machine, https://web.archive.org/web/20100110053654/http:/developer.
`android.com:80/guide/topics/providers/content-providers.html (January
`2010 snapshot of Android Developers article about content providers).
`[SEVENLIT0424069]
`
`See, e.g., Request, Merriam-Webster’s Collegiate Dictionary (10th ed.
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-12
`
`Page 18 of 138
`
`

`

`Patent Claim Term
`
`’019
`
`“content requests”
`
`Claims 1, 20.
`
`Identified By
`
`Google/Samsung
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`1993) (“the act or an instance of asking for something”).
`[SEVENLIT0424191]
`
`See, e.g., Request, Newton’s Telecom Dictionary (23rd ed. 2007) (“The
`formatted information that is sent to the switching domain as a result of a
`computing domain issuing a service across the service boundary.”).
`[SEVENLIT0424337]
`
`See generally W. Frank Ableson et al., Unlocking Android: A Developer’s
`Guide 219 (2009), at 167–194 (Ch. 6, Networking and web services, which
`discusses web requests and responses). [SEVENLIT0424464 – 493]
`
`SEVEN may rely on the testimony of Dr. Michael Goodrich regarding the
`construction of the term “delay content requests” as it is used in the
`asserted claims of the ’019 patent. Dr. Goodrich would testify regarding his
`opinion of the level of ordinary skill in the art, and how “delay content
`requests” would be understood by a person of ordinary skill in the art in the
`context of the ’019 patent.
`No construction necessary. The term “content requests” is not indefinite,
`and it is used consistent with its plain and ordinary meaning (i.e., “data
`requests”).
`
`Extrinsic Evidence:
`
`See, e.g., Content, Newton’s Telecom Dictionary (23rd ed. 2007) (“In the
`computer world, according to William Safire, content means ‘information
`on a Web site.’ Companies who provide content are called content
`suppliers, or OSPs (on-line service providers). A content provider was once
`called an information provider.”). [SEVENLIT0424335]
`
`See, e.g., Content Provider Basics, Android Developers,
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-13
`
`Page 19 of 138
`
`

`

`Patent Claim Term
`
`’019
`
`“align content requests”
`
`Claim 1.
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`https://developer.android.com/guide/topics/providers/content-provider-
`basics.html; see also Content Providers, Internet Archive Wayback
`Machine, https://web.archive.org/web/20100110053654/http:/developer.
`android.com:80/guide/topics/providers/content-providers.html (January
`2010 snapshot of Android Developers article about content providers).
`[SEVENLIT0424069]
`
`See, e.g., Request, Merriam-Webster’s Collegiate Dictionary (10th ed.
`1993) (“the act or an instance of asking for something”).
`[SEVENLIT0424191]
`
`See, e.g., Request, Newton’s Telecom Dictionary (23rd ed. 2007) (“The
`formatted information that is sent to the switching domain as a result of a
`computing domain issuing a service across the service boundary.”).
`[SEVENLIT0424337]
`
`See generally W. Frank Ableson et al., Unlocking Android: A Developer’s
`Guide 219 (2009), at 167–194 (Ch. 6, Networking and web services, which
`discusses web requests and responses). [SEVENLIT0424464 – 493]
`
`SEVEN may rely on the testimony of Dr. Michael Goodrich regarding the
`construction of the term “content requests” as it is used in the asserted
`claims of the ’019 patent. Dr. Goodrich would testify regarding his opinion
`of the level of ordinary skill in the art, and how “content requests” would
`be understood by a person of ordinary skill in the art in the context of the
`’019 patent.
`
`No construction necessary. This phrase is clear and unambiguous, and all of
`the terms in it are being used consistent with their plain and ordinary
`meanings.
`
`
`Identified By
`
`Google/Samsung
`
`Exhibit A – SEVEN’s Preliminary Proposed Claim Constructions and Extrinsic Evidence
`
`Page A-14
`
`Page 20 of 138
`
`

`

`Patent Claim Term
`
`Identified By
`
`SEVEN’s Preliminary Proposed Construction and Extrinsic Evidence
`Extrinsic Evidence:
`
`See, e.g., Align, Merriam-Webster’s Collegiate Dictionary (10th ed. 1993)
`(“to