May Contain Confidential Business Information
`Subject to Protective Order
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN DIGIT AL VIDEO RECEIVERS
`AND RELATED HARDWARE AND
`SOFTWARE COMPONENTS
`
`Inv. No. 337-TA-1103
`
`ORDER NO. 41:
`
`CONSTRUING CERTAIN TERMS OF THE ASSERTED
`CLAIMS OF THE PA TENTS AT ISSUE (MARKMAN
`CLAIM CONSTRUCTION)
`
`(October 15, 20 I 8)
`
`I.
`
`JI.
`
`BACKGROUND ................................................................................................................ 1
`
`PATENTS AND CLAIMS AT ISSUE ............................................................................... 3
`
`A.
`
`B.
`
`C.
`
`U.S. Patent No. 7,779,011 ....................................................................................... 3
`
`U.S. Patent No. 7,827,585 ....................................................................................... 4
`
`U.S. Patent No. 9,369,741 ....................................................................................... 5
`
`III.
`
`TERMS ADOPTED AND CONSTRUED IN THIS ORDER ........................................... 6
`
`A.
`
`B.
`
`Claim Construction and Ground Rules ................................................................... 6
`
`Chart of Constructions in Appendix A ................................................................... 7
`
`IV.
`
`APPLICABLE LAW .......................................................................................................... 8
`
`A.
`
`B.
`
`Generally ................................................................................................................. 8
`
`Preambles .............................................................................................................. 10
`
`V.
`
`VJ.
`
`PERSON OF ORDINARY SKILL IN THE ART ............................................................ 10
`
`PROCEEDINGS GOING FORWARD ............................................................................ 12
`
`A.
`
`B.
`
`C.
`
`Supplementation in Response to This Order ........................................................ 12
`Streamlining the Investigation .............................................................................. 12
`
`Settlement ............................................................................................................. 13
`
`VII. CONCLUSION ................................................................................................................. 13
`
`Comcast, Exhibit-1021
`
`1
`
`

`

`May Contain Confidential Business Information
`Subject to Protective Order
`
`little, or weak, evidentiary support.
`
`C.
`Settlement
`It is strongly recommended that the Parties take informal opportunities to engage in
`
`settlement.
`
`VII.
`
`CONCLUSION
`The construction of the agreed-upon claim term listed in Chart A in Appendix A is also
`
`adopted by this Order. Constructions of the disputed claim terms are adopted by this Order for
`
`the reasons discussed in Chart B in Appendix A.
`
`Within seven (7) business days of the date of this document, each party shall submit to
`
`the Office of the Administrative Law Judges a statement as to whether or not it seeks to have any
`confidential portion of this document (including Charts A and B) deleted from the public
`
`version.5 Any party seeking redactions to the public version must submit to this office two (2)
`
`copies of a proposed public version of this document pursuant to Ground Rule 1.10 with yellow
`
`highlighting clearly indicating any portion asserted to contain confidential business information.
`
`The Parties' submissions may be made by facsimile and/or bard copy by the
`
`aforementioned date. In addition, an electronic courtesy copy is required pursuant to Ground
`
`Rule 1.3.2.
`The Parties' submissions concerning the public version of this document need not be
`
`filed with the Commission Secretary.
`
`SO ORDERED.
`
`Administrative Law Judge
`
`
`
`5 This means that parties that do not seek to have any portion of this Order redacted are stilJ required to
`
`
`
`
`
`
`
`
`
`
`submit a statement to this effect.
`
`Page 1 3 of 14
`
`2
`
`

`

`specification. (RMBr. at 62.).
`limits this term to corresponding structures disclosed in the
`(CMBr. at 36.). Comcast argues that§ 112, 16 does apply and
`function term. Ravi argues that§ 112, 16 does not apply.
`Rovi and Comcast contest whether this term is a means-plus-
`corresponding structures.
`function term and limit its scope only to disclosed,
`be inappropriate to treat "storage setting ... " as a means-plus-
`construction under Section 112(6)). For these reasons, it would
`a general-purpose processor and thus did not require
`performed inherently, and without specialized programming, by
`functions of "processing," "receiving," and "storing" could be
`F.3d 1303, 1316 (Fed. Cir. 2011) (claims directed at generic
`See In re Katz Interactive Call Processing Patent Litig., 639
`disclosure of additional structure such as specialized algorithms.
`means-plus-function treatment and thus do not require the
`generic or general-purpose, they are typically not accorded
`basic storage functions within a computing environment are
`program guide" environment. Because means for performing
`is] to be digitally stored" within the "interactive television
`function: "configured to control how [programs are/the program
`patent also treats "storage setting" as performing a generic
`component in the form of a variable or parameter. The '585
`treatment. The '585 patent treats "storage setting" as a structural
`"storage setting" denotes sufficient structure to escape§ 112, 16
`If read in keeping with the specification language, the term
`
`Rationale
`
`Page 33 of52
`
`"circuitry"
`term.
`
`function term. plus-function
`not a means-
`means-plus-
`This word is
`This is a
`
`function in
`particular
`performing a Function:
`circuits
`system of
`a circuit or
`Not 112(6);
`
`implemented
`program guide
`television
`"an interactive
`in context of
`"circuitry"
`
`15,22
`
`6
`
`Construction
`
`Adopted
`
`Construction
`Proposed
`Comcast's
`
`Construction
`Proposed
`Rovi's
`
`Term
`
`(s)
`No.
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
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`
`3
`
`

`

`Page 34 of52
`
`playback by storing the playback sequence (either in memory or
`and"[ c ]ontrol circuitry 42 responds to an indication to postpone
`circuitry 42 to display a desired television channel on monitor;"
`equipment;" "[t]o watch television, the user instructs control
`16 (FIG. 1) are received by control circuitry 42 of user television
`'associated program data') from television distribution facility
`and program data associated with the programming (hereinafter
`infonnation that is displayed on television 36;" "programming
`format;" "processing circuitry within set-top box 28 supplies
`the received video, audio and data signals into a digital file
`"[i]f necessary, processing circuitry in set-top box 28 formats
`the '585 patent teaches that circuitry performs certain functions:
`The '585 patent does not explicitly define "circuitry." However,
`require construction under Section 112(6)).
`programming, by a general purpose processor and thus did not
`"storing" could be performed inherently, and without specialized
`directed at generic functions of "processing," "receiving," and
`sufficient structure. In re Katz, 63 9 F .3d at 1316 ( claims
`generic, then claiming "circuitry," without more, may connote a
`ways to perform very different functions. If those functions are
`"Circuitry" can be designed or programmed in very different
`Comcast does not overcome this presumption.
`112, [m 6 does not apply."). For the reasons set forth below,
`word 'means' ... creates a rebuttable presumption ... that§
`792 F.3d 1339, 1348 (Fed. Cir. 2015) ("the failure to use the
`means-plus-function term. Williamson v. Citrix Online LLC,
`The analysis begins with a presumption against treating this as a
`
`Rationale
`
`Construction
`
`Adopted
`
`22; 4:37-64
`Fig. 3; 3 :20-
`• Box 42 in
`
`Structure:
`guide
`programmmg
`television
`the interactive
`implement
`Construction
`Proposed
`Com cast's
`
`thereof.
`equivalent
`or the
`specification
`the
`defined in
`structure
`specific
`and with the
`the claims
`defined in
`the functions
`performing
`program guide circuitry for
`television
`construed as
`interactive
`should be
`wherein the
`112(6), this
`circuitry,
`found to be
`partially on
`device. If
`at least
`an electronic
`Construction
`Proposed
`Rovi's
`
`to"
`programmed
`
`lS
`
`Term
`
`(s)
`No.
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
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`
`4
`
`

`

`Page 35 of 52
`
`"a circuit or system of circuits for storing archived copies of videos"
`
`Not 112(6)
`Agreed Construction
`
`"storage circuitry for storing archived copies of videos"
`Term
`Agreed Terms
`
`1
`Claim(s)
`A.
`
`III. U.S. Patent No. 9,369,741
`
`only to disclosed, corresponding structures.
`"circuitry" as a means-plus-function term and limit its scope
`structure. For these reasons, it would be inappropriate to treat
`require the disclosure of specialized programming or additional
`"circuitry" is performing a specialized function that would
`mcast's position, there is no indication that the claimed
`inputs and storing and displaying information. Contrary to
`Those tasks implement generic functions like receiving user
`context of an "interactive television program guide" application.
`1 6 treatment. The claimed "circuitry" is performing tasks in the
`the term "circuitry" denotes sufficient structure to escape § 112,
`Constructed in keeping with the language of the specification,
`4:39-42, 4:53-55, 13:29-31.).
`on the digital storage device)." (JXM-0003 at 4:3-5, 4:34-36,
`
`Co
`
`Rationale
`
`Construction
`
`Adopted
`
`Construction
`Proposed
`Com cast's
`
`Construction
`Proposed
`Rovi's
`
`Term
`
`No.
`(s)
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
`MAY CONTAIN CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER
`
`5
`
`

`

`word-for-word.
`(Doc.
`Claim Constructions
`(July 18, 2018)).).
`
`Instead,
`
`evidence.
`or adopt it
`of Proposed
`(Doc. ID No. 65064 l
`
`is a matter
`Whj)e Comcast's
`consideration
`of Rovi's
`
`intrinsic
`construction
`
`true to the
`
`construction
`that is
`
`Page 36 of52
`
`to Rovi's
`
`default
`
`this Order does not
`
`is noted,
`
`objection
`
`of law, this Order crafts an original
`
`that claim construction
`
`Notice
`
`to Rovi's
`
`Objection
`
`(Comcast's
`
`constr uction.
`
`alternative
`
`Claim Constructions
`
`of Proposed
`
`time. (Notice
`
`construction
`late in
`
`opposes
`Rovi offered thjs alternative
`
`recognizing
`ID No. 650776 (July 19, 2018)).).
`Consequently,
`Comcast
`4 According
`
`to Comcast,
`
`the system"
`retained by proposed construction deviates from the intrinsic evidence.
`Private Parties' proposed constructions because each
`programs
`explained below, this Order does not adopt either of the
`copies of
`copies," and "archived copies." (RMBr. at 78-79.). As
`virtual
`system that distinguishes between "recordings," "system
`/ real or
`copy existing within a "interactive television program guide"
`the system
`retained by Comcast contends that an "archived copy" is a special type of
`program
`copy of a
`virtual
`"a real or
`Construction
`
`specific way. (CMBr. at 47-48.). On the other hand,
`treats archived copies as generic and not special in any
`of the copies archived. According to Rovi, the '741 patent
`The dispute between the Private Parties pertains to the nature
`
`Rationale
`
`Adopted
`
`copy of the program"
`automatically retained
`the system's
`program created from
`"a personal copy of a
`
`Construction
`Proposed
`Comcast's
`
`program4
`of the
`retained copy
`system-
`related to the
`program
`copy of a
`Alternative: a
`
`stored copies
`stored copy /
`Construction
`Proposed
`Rovi's
`
`copies"
`"archived
`copy"/
`"archived
`Term
`
`14
`1, 8,
`(s)
`Claim
`
`1
`No.
`Term
`
`Disputed Terms
`
`B.
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
`MAY CONTAIN CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER
`
`distinguishes archiving from other on-screen options
`recording).") (emphasis added).). The specification also
`affinnatively copied and saved as a real or virtual
`recording operations (in which otherwise unsaved material is
`users are provided with real or virtual "archive" copies) and
`need not distinguish between archiving operations (in which
`desired, the on-screen options that are presented to the user
`other types of copies. (See, e.g., JXM-0005 at 26:57-62 ("If
`patent draws a clear distinction between archived copies and
`
`ntrary to Rovi's position, the specification of the '741
`
`Co
`
`6
`
`

`

`Page 37 of 52
`
`limitation added by a dependent claim"). Specifically,
`independent claim should not be construed as requiring a
`1374, 1380 (Fed. Cir. 2006) ("presumption that an
`Curtiss-Wright Flow Control Corp. v. Velan, Inc., 438 F.3d
`attempt to limit or personalize archived copies to users.
`The doctrine of claim differentiation also thwarts Comcast's
`separate copy for the user).).
`user's choice to "archive program," to "optionally" making a
`updated accordingly."), Figs. 29-31 (referring, following the
`personal area on the network or the local PVR may be
`copy of the program is created for the user, the user's
`Regardless of whether a real archive copy or a virtual archive
`indicates that the user has archived a copy of the program.
`appropriate database or otherwise storing information that
`extra copy of the program for the user or by updating an
`30:13-20 ("archive copy may be made by creating an actual
`personal set oflistings may be referred to as archiving"),
`making a system copy of a program appear in the user's
`"user's recorded programs list"), 28:21-23 ("process of
`of a copy by adding "an additional program listing" to the
`personal real copy. (Id. at 25:40-49 (describing the archiving
`necessarily require the making of a real copy, much less a
`Contrary to Comcast's position, archiving does not
`operation.
`other words, the '741 patent treats archiving as a unique
`"copying," "saving," "storing, etc." (Id. at 26:63-65.). In
`presented to users, such as "recording," "archiving,"
`
`Rationale
`
`Construction
`
`Adopted
`
`Construction
`Proposed
`Comcast's
`
`Construction
`Proposed
`Rovi's
`
`Term
`
`No.
`(s)
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
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`
`7
`
`

`

`Page 38 of52
`
`construction, the specification discloses embodiments in
`access to desired programs. As captured by the adopted
`distinct but flexible concept for preventing users from losing
`Based on the above, the '741 patent teaches archiving as a
`program in that user's personal area or local PVR.").).
`access to a desired program, the user may wish to archive the
`based or local personal video recorder. To avoid losing ready
`programs from the primary storage areas of the network
`operations may be used to delete or otherwise remove certain
`may be stored upon user request. Periodic housekeeping
`("Programs that are not stored automatically by the system
`based only on a user's request. (See, e.g., id. at 31 :9-16
`archived copy pertains to a program retained by the system
`specification discloses at least one embodiment in which an
`"automatically" retained copy of a program. The
`require that archived copies come from the system's
`Also contrary to Comcast's position, archiving does not
`area.").).
`wants to archive a copy of the program to the user's personal
`also 24:53-55 ("[ o ]ption 314 may be selected if the user
`storing a personal copy of a program. (Id. at 38:28-30; see
`user," suggesting that archiving in claim 1 is broader than
`archived copy to a personal storage area associated with the
`claim 1, additionally requires the capability of copying "the
`of videos." (Id. at 37:63.). Claim 5, which depends from
`requirement of "storage circuitry for storing archived copies
`independent claim 1 of the '741 patent includes the
`
`Rationale
`
`Construction
`
`Adopted
`
`Construction
`
`Proposed
`Comcast's
`
`Construction
`
`Proposed
`
`Rovi's
`
`Term
`
`(s)
`No.
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
`AY CONTAIN CONFIDENTIAL BUS/NESS INFORMATION SUBJECT TO PROTECTIVE ORDER
`
`.M
`
`8
`
`

`

`Page 39 of 52
`
`Term No. 3, "a specified time after the start time but before
`Rovi's proposed construction (provided in the context of
`intrinsic evidence.
`because each proposed construction deviates from the
`adopt either of the Private Parties' proposed constructions
`at 8:30 pm.").). As explained below, this Order does not
`("for example, Seinfeld starts at 8 pm on Thursdays and ends
`restricts "specified time" to a clock time. (RMBr. at 85-86
`(CMBr. at 52.). Comcast seeks a narrow construction that
`start time), not a particular clock time such as 7:05 PM."
`(i.e., non-zero) amount of time (perhaps calculated from the
`clock time"
`time." Rovi contends that "specified time" is "an incremental
`time or at a
`duration of Comcast dispute whether "specified time" is limited to "clock
`For this term and the one that immediately follows, Rovi and
`"a specific
`added).).
`impossible or at least more difficult to access.") ( emphasis
`ready access by the user. Copies that are not archived may be
`copies can be maintained on the network or local PVR for
`fee for this service by the system. Archived virtual or real
`local PVR. The user may be charged a one-time or periodic
`wish to archive the program in that user's personal area or
`avoid losing ready access to a desired program, the user may
`made available to the user. (See, e.g., id. at 28:29-36 ("To
`program retained by the system (automatically or not) that is
`which the "archived copy" is a real or virtual copy of a
`
`Rationale
`
`Construction
`
`Adopted
`
`time"
`"a specified clock
`
`time"
`before the end
`time but
`after the start
`specified time
`larger term "a
`within the
`other than
`necessary
`construction
`
`time"
`"specified No
`
`1, 8
`
`2
`
`Construction
`Proposed
`Com cast's
`
`Construction
`Proposed
`Rovi's
`
`Term
`
`(s)
`No.
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
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`
`9
`
`

`

`Page 40 of 52
`
`be used to defer the reminder by other amounts.").).
`defer the reminder for thirty minutes. Other options 320 may
`the reminder for five minutes or may select option 326 to
`user. ... For example, the user may select option 324 to defer
`deterred reminder time options 320 may be displayed for the
`In the illustrative arrangement of FIG. 28, a menu 316 of
`may display on-screen options of the type shown in FIG. 28.
`option 310 is selected, the interactive television application
`versus at 6:00 pm). (JXM-0005 at 27:16-31 ("If watch later
`shows specifying a time based on duration ( e.g., in 5 minutes
`specifying a clock time, Figure 28 (also shown below) clearly
`time. For example, while Figure 26 (shown below) discloses
`concept that covers a specific clock time and a duration of
`the specification clearly discloses "specified time" as a
`Comcast' s proposed construction is unduly narrow given that
`'741 patent says nothing about non-zero amounts of time.
`the end time"), is unusual insofar as the specification of the
`
`Rationale
`
`Construction
`
`Adopted
`
`Construction
`
`Proposed
`Com cast's
`
`Construction
`
`Proposed
`
`Rovi's
`
`Term
`
`No.
`Term Claim
`
`(s)
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
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`
`10
`
`

`

`Page 41 of 52
`
`(Id. at Fig. 26.).
`
`FIG. 26
`
`288
`
`SETREMlNOER c:m:( (N[Y"'SJ.
`}t> /300
`
`FREE
`
`�-BN
`9/TERTIME FOR
`
`Radl�iDER
`
`290
`
`1---278
`
`·····�-
`
`8:00 PM FRIDAY
`Will BE AVAlt.ABlE UNTIL
`SBNfEt.0 AlRS AT a:00 PM ANO
`
`.,.
`
`298
`
`Figure 26 of the '741 Patent (Specifying a Clock Time)
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
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`
`11
`
`

`

`Same as immediately above.
`with the intrinsic evidence.
`proposed constructions, the adopted construction comports
`For the foregoing reasons, unlike the Private Parties'
`(Id. at Fig. 28.).
`
`FIG. 28
`
`./ 316
`
`I> '-328
`
`/m
`
`<l ARCHIVE SEINF8.0 If I NJSS IT
`
`)
`)
`
`C OllitR
`( IN2HOORS
`c t11 lnlR
`
`326_,E !fi�t.'JM.llES "322
`324 ...k 1tJ s Mlb'\JfES
`SEi.ECT NEW TIME FOO sam.D
`�OFOO OJRREMTtlwm.
`
`)
`
`31&
`
`--·
`
`Figure 28 of the '741 Patent (S12ecifying a Duration of Time)
`
` -
`
`..
`
`.
`
`Rationale
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
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`
`Page 42 of52
`
`duration of
`specified
`"a
`
`time after the start
`"a specified clock
`
`time after the
`amount of
`a non-zero
`
`the start
`time after
`"a specified
`
`1, 8
`
`3
`
`Construction
`
`Adopted
`
`Construction
`
`Proposed
`Comcast's
`
`Construction
`
`Proposed
`
`Rovi's
`
`Term
`
`No.
`Term Claim
`
`(s)
`
`12
`
`

`

`Page 43 of52
`
`begin, at a user-selected time before that program, etc.).").).
`time (e.g., at 0-15 minutes before the program of interest is to
`16:55-58 ("The reminder list may be displayed at any suitable
`and timing of reminders presumably not set by users. (Id. at
`draws a contrast between user-selected timing of reminders
`system).). In the context ofreminders, the specification
`operations may also be performed by default" by the
`default. (See, e.g., JXM-0005 at 32: 19-20 ("[a]rchiving
`'741 patent provides examples of configurations that occur by
`Rovi is correct that users need not do the configuring. The
`configurations not set by users. (CMBr. at 53-55.).
`construction that is broad enough to cover default
`viewing times(.]" (Id. at 90.). In response, Rovi proposes a
`feature of the invention is to allow the user to set or select
`According to Comcast, "the specification makes clear, a key
`configuring prior to the start time. (RMBr. at 89.).
`construction pursuant to which a user performs the
`
`For this term, Rovi and Comcast primarily dispute who or
`
`time"
`to the start what does the configuring. Comcast proposes a narrow
`"set prior
`time"
`the end
`but before
`start time
`after the
`that falls
`clock time
`time or at a
`Construction
`
`Rationale
`
`Adopted
`
`time"
`to the start clock
`"set by the user prior
`
`start time"
`prior to the
`"configured defined prior
`
`time
`to the start
`
`1, 8
`
`4
`
`the end clock time"
`clock time but before
`
`Construction
`Proposed
`Comcast's
`
`time
`before the end
`start time but
`Construction
`Proposed
`Rovi's
`
`end time"
`before the
`time but
`Term
`
`No.
`(s)
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
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`
`13
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`

`

`Page 44 of52
`
`Thus, in the adopted construction, "set," as proposed by
`not necessarily treat "configuring" as something definitional.
`preference settings." (Id. at 16: 17-18.). The '741 patent does
`discloses "configuring" in the context of "profile or
`Finally, the start time is set, not defined. The '741 patent
`
`mcast, is used in place of "defined," as proposed by Rovi.
`
`Co
`
`which is not found in the patent.
`evidentiary hearing ("Hearing") over the phrase "clock time,"
`be redundant and potentially invite confusion during the
`Including a concept of "clock time" in the construction would
`the construction of "configured prior to the start time."
`as not limited to "clock time," "clock time" will not appear in
`this point, and because "specified time" was construed above
`time. However, because the parties do not appear to dispute
`start time. Start times (and end times) are fixed points in
`26.). In this example, 8:00 PM (presumably on that day) is a
`BE AVAILABLE UNTIL 8:00 PM FRIDAY." (Id. at Fig.
`discloses that "SEINFELD AIRS AT 8:00 PM AND WILL
`above), depicts a "suitable arrangement for setting reminders,
`corresponds to clock time. For example, Figure 26 (see
`context of claims 1 and 8, Comcast is correct that start time
`on its plain and ordinary meaning, and usage within the
`The '741 patent does not define "start time." However, based
`
`Rationale
`
`Construction
`
`Adopted
`
`Construction
`Proposed
`Comcast's
`
`Construction
`Proposed
`Rovi's
`
`Term
`
`(s)
`No.
`Term Claim
`
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`logic devices, etc. memory (e.g., random-access memory and
`microcontrollers, digital signal processors, programmable
`circuitry based on one or more microprocessors,
`on any suitable processing circuitry 110 such as processing
`The '741 patent teaches "[c]ontrol circuitry 106 may be based
`cover the exact same claim scope.
`Comcast argues that claims 1 and 15 use different language to
`functions recited in claim 1. Basically, but erroneously,
`means-plus-function language to claim means for the same
`language. By contrast, in claim 15, the patentee used explicit
`claims. Claim 1 contains no explicit means-plus-function
`distinguish between ordinary claims and means-plus-function
`The patentee demonstrated an awareness of how to
`below, Comcast does not overcome this presumption.
`to]"
`that§ 112, [,r:J 6 does not apply."). For the reasons set forth
`[ configured use the word 'means' ... creates a rebuttable presumption ...
`processors LLC, 792 F.3d 1339, 1348 (Fed. Cir. 2015) ("the failure to
`or
`as a means-plus-function term. Williamson v. Citrix Online
`processor
`The analysis begins with a presumption against treating this
`"a
`and, therefore, the claim term is indefinite. (Id. at 94.).
`
`claim term. however, conesponding structures do not exist in the patent
`the specification. (RMBr. at 94-96.). According to Comcast,
`function
`and limits this term to corresponding structures disclosed in
`plus-
`(CMBr. at 58.). Comcast argues that§ 112, ,r 6 does apply
`means-
`function term. Rovi argues that§ 112, ,r 6 does not apply.
`not a
`Rovi and Comcast contest whether this term is a means-plus-
`This is a
`Construction
`
`Rationale
`
`Adopted
`
`• based on
`time;
`user after the start
`video is available to a
`corresponding to the
`an archived copy
`to determine whether
`• access a database
`time;
`and ends at an end
`
`archived coov to be
`start time; (c)
`corresponding to the
`user after the
`cause an indication
`available to a
`after the start time,
`to the video is available to the user
`corresponding archived copy is
`archived copy determining that the
`whether an
`determine
`database to
`(b) access a
`equipment;
`user
`plurality of
`video to a
`(a) transmit a
`circuitry is to
`the control
`function of
`Function: The begins at a start time
`
`the transmitting
`equipment, wherein
`a plurality of user
`• transmit a video to
`
`Functions:
`
`alternative:
`In the
`...
`configured to
`processors
`processor or function term.
`Not 112(6), "a This is a means-plus-
`Construction
`Proposed
`Rovi's
`
`Construction
`Proposed
`Comcast's
`
`to:"
`configured
`circuitry
`of "control
`in context
`
`circuitry''
`"control
`to"
`configured
`circuitry
`"control
`Term
`
`5
`1
`(s)
`No.
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
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`without specialized programming, by a general-purpose
`"receiving," and "storing" could be performed inherently, and
`(claims directed at generic functions of "processing,"
`connote sufficient structure. In re Katz,
`639 F.3d at 1316
`functions, claiming "control circuitry [ configured to]" may
`F.3d 616,623 (Fed. Cir. 2015). In other words, for generic
`EON Corp. IP Holdings
`LLC v. AT&T Mobility LLC, 785
`implemented functions require disclosure of an algorithm."
`basic functions of a microprocessor. All other computer-
`computer, without more, lends sufficient structure only to
`adopted construction. "A microprocessor or general purpose
`[configured to]" to processing circuitry, which informs the
`Thus, the '741 patent clearly links "control circuitry
`(JXM-0005 at 12:10-28.).
`requested network-based or local video recorder playback)."
`and video content (e.g., video-on-demand content or
`particular television or music channel or other desired audio
`the user equipment to receive and display or play or record a
`provided. The tuning and encoding circuitry may be used by
`analog signals to MPEG signals for storage) may also be
`Encoding circuitry ( e.g., for converting over the-air or cable
`such circuits may also be included as part of circuitry 106.
`any other suitable tuning or video circuits or combinations of
`more MPEG-2 decoders or other digital video circuitry, or
`Tuning circuitry such as one or more analog tuners, one or
`provided as storage 112 that is part of control circuitry I 06.
`any other suitable memory or storage devices may be
`read-only memory), hard drives, DVD drives, CD drives, or
`
`Rationale
`
`Construction
`
`Adopted
`
`extent any structure
`video to a
`specification. To the
`to transmit a
`structure in the
`programmed
`corresponding
`Figure 6,
`for a lack of sufficient
`and shown in This term is indefinite
`11 :63-12:40
`described at
`processors, as
`processor or
`Structure: A
`
`Structure:
`copy
`circuitry, the archived
`from the storage
`response, retrieve,
`circuitry
`received user
`storage
`• based on the
`from the
`archived copy displayed; and
`retrieve the
`indication that is
`and (e)
`response to the
`indication;
`• receive a user
`the displayed
`response to
`prior to the start time;
`receive a user
`time was configured
`displayed; ( d) wherein the specified
`to be
`before the end time,
`the start time but
`archived copy
`to the
`specified time after
`the video after a
`corresponding
`simultaneously with
`indication
`cause an
`displayed
`Construction
`Proposed
`Rovi's
`
`Construction
`Proposed
`Com cast's
`
`Term
`
`(s)
`No.
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
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`tasks implement generic functions like receiving user inputs
`"interactive television program guide" application. Those
`"control circuitry" is performing tasks in the context of an
`structure to escape § 112, 1 6 treatment. The claimed
`term "control circuitry [ configured to]" denotes a sufficient
`Consequently, in hewing to the specification language, the
`is present for the "control circuitry" to perform.
`this patent, in this Investigation, no such specialized function
`more items found in the second incremental find .... " (Id.). In
`performing a second incremental find ... for ordering one or
`more items found in the first incremental find ... for
`performing a first incremental find ... for ordering one or
`performance of a specialized function: "processor for
`2017). The limitation at issue there called for the
`9278 (JPO), 2017 WL 3447989, at *22 (S.D.N.Y. Aug. 10,
`reached in Rovi Guides Inc. v. Comcast Corp., No. 16-CV-
`It is useful to contrast this finding with the opposite result
`0005 at 37:65-38:13.).)
`user response, and retrieve from storage circuitry. (DCM-
`access a database, cause the display of an indication, receive a
`implement. A general-purpose processor can transmit a video,
`generic in nature and routine for a microprocessor to
`column to the left, functions recited in claim 1 are basic or
`As demonstrated by Comcast in its proposed construction
`112(6)).
`processor and thus did not require construction under Section
`
`Rationale
`
`Construction
`
`Adopted
`
`from the
`archived copy
`retrieve the
`and (e)
`indication;
`the displayed
`response to
`receive a user
`displayed; ( d)
`• Fig. 1, server
`to be
`4:50-5:13
`archived copy
`described in
`to the
`paths, as
`corresponding
`communications
`indication
`provider 50,
`cause an
`36, 56, service
`start time; ( c)
`• Fig. 1, server
`user after the
`available to a
`to the video is functions.
`corresponding perform the claimed
`archived copy
`whether an
`determine
`database to
`(b) access a
`equipment;
`user
`plurality of
`Construction
`Proposed
`Rovi's
`
`insufficient to
`but this structure is
`the citations below,
`patent, it is found at
`disclosed in the
`functions are
`and its claimed
`related to this term
`Construction
`Proposed
`Comcast's
`
`processors, as
`processor or
`and/or a
`6:17-7:38;
`described in
`provider 50, as
`and/or service
`server 56,
`36, and/or
`
`Term
`
`(s)
`No.
`Term Claim
`
`INV. NO. 337-TA-1103: APPENDIX A TO ORDER NO. 41
`
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`Page 48 of 52
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`structures
`term and limit its scope only to disclosed, corre