Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112/18 Page 1 of 16 PagelD # : 1409
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CYWEE GROUP LTD.,
`
`Plaintiff
`
`v.
`
`SAMSUNG ELECTRONICS CO. LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`NO. 2:17-CV-OOI40-RWS-RSP
`
`P.R. 4-3 - JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`Pmsuant to P.R. 4-3, all parties to the above-captioned action hereby submit their Joint
`
`Claim Construction and Preheating Statement regarding U .s . Patent Nos. 8,441 ,438 ('''438
`
`Patent") and 8,552,978 ('''978 Patent") ("patents-in-suit").
`
`A.
`
`The Construction Of Those Claim Terms On Which The Parties Agree
`
`Pmsuant to P.R. 4-3(a), the parties have reached agreement regarding the constmction of
`
`the following claim tenus, phrases, or clauses.
`
`a.
`
`'438 Patent
`
`Agreed Construction
`Plain and ordinary.
`
`Claim Term
`"calculating predicted axial
`accelerations Ax', Ay', Az' based
`on the measmed angular velocities
`rox, roy, roz of the cmTent state of
`the six-axis motion sensor module
`without using any derivatives of
`the measmed angular velocities
`rox, roy, roz" (Claims 14, 19)
`"detecting and generating a fIrst
`signal set" (Claim 1)
`"detecting and generating a second Plain and ordinary.
`signal set" (Claim 1)
`
`Plain and ordinary.
`
`-1-
`
`ZTE Exhibit 1010
`Page 1 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112/18 Page 2 of 16 PagelD # : 1410
`
`Agreed Construction
`Plain and ordinary.
`
`Claim Term
`"resulting deviation comprising
`resultant angles in said spatial
`pointer reference frame"
`
`"resulting deviation comprising
`said resultant angles in said spatial
`pointer reference frame offhe 3D
`pointing device"
`
`(Claims 1, 14, 19)
`"the measured state includes a
`"the measured state includes a measmement of axial
`measurement of said second signal accelerations and predicted axial accelerations
`calculated using the angular velocities without
`set and a predicted measurement
`obtained based on the flrst signal
`computing derivatives of said angular velocities (i.e.
`angular accelerations)"
`set without using any derivatives
`offhe first signal set"
`
`(Claim 1)
`"spatial pointer reference frame"
`
`"spatial pointer reference frame of
`a three-dimensional (3D) pointing
`device"
`
`"spatial reference frame of the 3D
`pointing device"
`
`(Claims 1, 4, 14, 15, 19)
`
`h.
`
`'978 Patent
`
`Claim Term
`"spatial reference frame"
`
`"spatial reference frame associated
`with the 3D pointing device"
`
`(Claim 10)
`
`" frame of reference associated with the 3D pointing
`device, which always has its origin at the same point in
`the device and in which the axes are always fixed with
`respect to the device"
`
`Agreed Construction
`" frame of reference associated with the 3D pointing
`device, which always has its origin at the same point in
`the device and in which the axes are always fixed with
`respect to the device"
`
`B.
`
`Each Party's Proposed Construction Of Each Disputed Claim Term
`
`Pmsuant to P.R. 4-3(b), the parties have attached a claim chart hereto as Appendix I,
`
`which shows each party's proposed constmction of each disputed claim tenn, phrase, or clause,
`
`-2-
`
`ZTE Exhibit 1010
`Page 2 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01/12/18 Page 3 of 16 PageID #: 1411
`
`together with the intrinsic and extrinsic evidence upon which each party intends to rely to
`
`support its proposed constructions.
`
`Where intrinsic and extrinsic citations have been made for a particular claim term,
`
`phrase, or clause they should be understood as applicable to each other instance where the same
`
`term, phrase, or clause appears elsewhere. Each party reserves the right to rely on any intrinsic or
`
`extrinsic evidence identified by the other party. Defendants reserve the right to rely on the
`
`positions of CyWee or its expert witnesses concerning claim construction in any other cases,
`
`including CyWee v. Apple, Case No. C 14-1853 HSG (N.D. Cal.).
`
`C.
`
`Anticipated Length Of Time Necessary For Claim Construction Hearing
`
`Pursuant to P.R. 4-3(c), the parties anticipate that they will need a combined total of 3-4
`
`hours for presentation.
`
`D.
`
`Witness Testimony At The Claim Construction Hearing
`
`Pursuant to P.R. 4-3(d), Samsung reserves the right to call its expert, Dr. M. Ray Mercer
`
`to support Defendants’ preliminary claim constructions, including Defendants’ indefiniteness
`
`challenges, and to respond to any claim construction offered by Plaintiff.
`
`Samsung disagrees with CyWee’s objections detailed below. Under P.R. 4-2 and P.R. 4-
`
`3, Samsung properly reserved its right to rely on expert testimony regarding certain of the claim
`
`terms at issue. P.R. 4-3 does not require the disclosure of an expert declaration, only a detailed
`
`disclosure of the substance of the expert’s testimony, which Samsung provided in Appendix 1 of
`
`this Joint Claim Construction Statement.
`
`Further, CyWee did not raise the issue of the timing for exchanging expert declarations
`
`until the date this P.R. 4-3 statement was due. In response, Samsung proposed that the parties
`
`exchange declarations on January 26th, weeks before the deadline to complete claim
`
`-3-
`
`ZTE Exhibit 1010
`Page 3 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01/12/18 Page 4 of 16 PageID #: 1412
`
`construction discovery (February 16, 2018) and the deadline for CyWee’s opening brief
`
`(February 23rd, 2018.) Pursuant to this proposal, Samsung will serve its expert declaration on
`
`CyWee on January 26th.
`
`Pursuant to P.R. 4-3(d), CyWee reserves the right to call its expert, Dr. Joseph LaViola to
`
`support Plaintiff’s claim constructions, and to rebut Defendant’s claim constructions and
`
`allegations of indefiniteness. CyWee also reserves the right to have Dr. LaViola answer any
`
`questions the Court may have regarding the technical tutorial in this case.
`
`As a related matter, CyWee objects to Samsung’s failure to provide an expert declaration
`
`on or before the date of this statement, and explicitly reserves the right to (1) move to strike any
`
`such declaration, (2) submit a responsive declaration, and/or (3) modify CyWee’s current expert
`
`declaration accordingly.
`
`CyWee further notes that Samsung has the burden of proof of establishing indefiniteness
`
`by clear and convincing evidence. Accordingly, CyWee expressly reserves the right to submit a
`
`responsive declaration and/or modify its current declaration in response to Samsung’s arguments
`
`and/or testimony regarding indefiniteness.
`
`E.
`
`Other Issues For A Prehearing Conference Prior To The Claim Construction
`Hearing
`
`Pursuant to P.R. 4-3(e), the parties are unaware of any other issues that would be
`
`appropriate for a prehearing conference.
`
`DATED: January 12, 2018
`
`Respectfully submitted,
`
`/s/ Ari Rafilson
`Michael W. Shore
`Texas State Bar No. 18294915
`mshore@shorechan.com
`Alfonso Garcia Chan
`Texas State Bar No. 24012408
`
`-4-
`
`ZTE Exhibit 1010
`Page 4 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01/12/18 Page 5 of 16 PageID #: 1413
`
`achan@shorechan.com
`Christopher L. Evans
`Texas State Bar No. 24058901
`cevans@shorechan.com
`Ari B. Rafilson
`Texas State Bar No. 24060456
`arafilson@shorechan.com
`William D. Ellerman
`Texas State Bar No. 24007151
`wellerman@shorechan.com
`Paul T. Beeler
`Texas State Bar No. 24095432
`pbeeler@shorechan.com
`
`SHORE CHAN DEPUMPO LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`Tel: (214) 593-9110
`Fax: (214) 593-9111
`
`Attorneys for Plaintiff
`CyWee Group Ltd
`
`By: /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`TX Bar No. 00795077
`chriskennerly@paulhastings.com
`PAUL HASTINGS LLP
`1117 S. California Ave.
`Palo Alto, California 94304
`Telephone: (650) 320-1800
`Facsimile:
`(650) 320-1900
`
`Elizabeth L. Brann (pro hac vice)
`CA Bar No. 222873
`elizabethbrann@paulhastings.com
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, California 92121
`Telephone: (858) 458-3000
`Facsimile:
`(858) 458-3005
`
`Melissa R. Smith
`TX Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`
`-5-
`
`ZTE Exhibit 1010
`Page 5 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01/12/18 Page 6 of 16 PageID #: 1414
`
`303 S. Washington Ave.
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Defendants
`SAMSUNG ELECTRONICS CO. LTD AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`
`electronic service are being served with a copy of this document via the Court’s CM/ECF system
`
`per Local Rule CV-5(a)(3) on January 12, 2018.
`
`/s/ Ari Rafilson
`
`-6-
`
`ZTE Exhibit 1010
`Page 6 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112/18 Page 7 of 16 PagelD # : 1415
`
`P.R. 4-3 Joint Claim Construction and Prehearing Statement
`Appendix 1
`
`'438 Patent
`
`Claim Term
`1. "utilizing a comparison to
`compare the fIrst signal set with
`the second signal set"
`
`Plaintiff
`"detellnining or assessing differences based a ll a
`previous state associated with the first signal set
`and a measmed state associated with the second
`signal set while calculating deviation angles"
`
`(Claim I )
`
`I
`
`Defendants
`This claim teon is indefmite because it does not
`infOllll those skilled in the art about the scope of
`the invention with reasonable certainty. This is
`so even with the aid of the specification and
`prosecution history. For example, this element
`recites "utilizing a comparison to compare the
`first signal set with the second signal set." The
`asserted claims recite that the ftrst signal set
`comprises angular velocities and the second
`signal set comprises axial accelerations. The
`patent does not deftne the tenn "axial
`accelerations." As CyWee has stated,
`accelerometers cannot distinguish between
`different types of acceleration (e.g., linear,
`centrifugal, gravitational), rendering the scope
`of the invention not reasonably certain as of the
`time of the invention.
`
`In addition, there is additionallillcertainty about
`how the limitation to compare "axial
`accelerations" with angular velocities is
`satisfted, including lllcertainty regarding the
`value of variables necessary for the comparison,
`to the extent that the signal sets could be
`compared. Due to these deftciencies, those
`skilled in the art would not be able to detellnine
`
`ZTE Exhibit 1010
`Page 7 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112/18 Page 8 of 16 PagelD # : 1416
`
`Claim Term
`
`Plaintiff
`
`Defendants
`with reasonable certainty the scope of this claim
`limitation.
`
`Intrinsic Evidence
`'438 Patent, Abstract, Figs. 7, 8, cols. 1:16--27;
`4:20-30; 6:4-27; 8: 19- 59; 9 :47- 10:8; 10:42-
`14:34
`
`Extrinsic Evidence
`CyWee's Objections and Responses to
`Samsung's Second Set of Interrogatories,
`including at 8-1 4.
`
`As set [0I1h in its P.R. 4-2 disclosures,
`Defendants intend to rely on a sworn declaration
`and testimony a f Dr. M. Ray Mercer to explain
`the technology, the state of the 8 11 at the time of
`the '438 Patent application was filed, the level
`of ordinalY skill in the relevant art, and the
`meaning of this claim element to a perSOll of
`ordinruy skill in the 8 11 at the time of the alleged
`invention, including whether a person of
`ordinaty skill in the al1 could discern the
`boundaries of this claim element with
`reasonable certainty, including as disclosed
`above.
`
`Defendants may also rely on Dr. Mercer to
`respond to Plaintiff s claim constmction
`positions and any testimony of Plaintiff s expert
`witnesses.
`
`2
`
`ZTE Exhibit 1010
`Page 8 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112/18 Page 9 of 16 PagelD # : 1417
`
`Claim Term
`
`Plaintiff
`
`Defendants
`
`This teon need not be constm ed. In the
`altem ative, this tenllillay be constmed as
`fo llows:
`
`2. "comparing the second
`quatemion in relation to the
`measm ed angular velocities rox,
`roy, roz of the current state at
`"comparing the second quatemion in relation to
`current time T with the
`the measm ed angular velocities cox, roy, roz of
`measm ed axial accelerations
`the current state at current time T with the
`Ax, Ay, Az and the predicted
`axial accelerations Ax', Ay', Az' measured axial accelerations Ax, Ay, Az and the
`also at CllTent time T"
`predicted axial accelerations Ax', Ay', Az ' also
`at current time T"
`
`(Claim s 14 and 19)
`
`3
`
`Upon PlaintiW s request, Dr. Mercer will be
`made available to be deposed on this subject.
`This claim teon is indefmife because it does not
`infoon those skilled in the art about the scope of
`the invention with reasonable certainty. This is
`so even with the aid of the specification and
`prosecution history. For example, this element
`recites "comparing the second quatemion in
`relation to the measured angular velocities rox,
`roy, roz of the CllTent state at current time T with
`the measured axial accelerations Ax, Ay, Az and
`the predicted axial accelerations Ax', Ay', Az'
`also at current time T." The patent does not
`defIne the tenn "axial accelerations." As CyWee
`has stated, accelerometers cannot distinguish
`between different types of acceleration (e.g.,
`linear, centrifugal, gravitational), rendering the
`scope of the invention not reasonably certain as
`of the time of the invention .
`
`In addition, there is additional lllicertainty about
`how the limitation to compare a second
`quateruion in relation to measured angular
`velocities with measured and predicted axial
`accelerations is satisfIed, including lllicel1ainty
`regarding the value of variables necessary for
`the comparison (including the "predicted axial
`acceleration"), to the extent that this comparison
`can be done. Due to these defIciencies, those
`skilled in the art would not be able to detennine
`
`ZTE Exhibit 1010
`Page 9 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112118 Page 10 of 16 PagelD #: 1418
`
`Claim Term
`
`Plaintiff
`
`Defendants
`with reasonable certainty the scope of this claim
`limitation .
`
`Intrinsic Evidence
`'438 Patent, Abstract, Figs. 7, 8, cols. 1:16--27;
`4:20-30; 6:4-27; 8: 19-59; 9 :47-10:8; 10:42-
`14:34
`
`Extrinsic Evidence
`CyWee's Objections and Responses to
`Samsung's Second Set of Interrogatories,
`including at 8-1 4
`
`As set [0I1h in its P.R. 4-2 disclosures,
`Defendants intend to rely on a sworn declaration
`and testimony afDr. M. Ray Mercer to explain
`the technology, the state of the 811 at the time of
`the '438 Patent application was filed, the level
`of ordinalY skill in the relevant art, and the
`meaning of this claim element to a perSOll of
`ordinruy skill in the 811 at the time of the alleged
`invention, including whether a person of
`ordinaty skill in the al1 could discern the
`boundaries of this claim element with
`reasonable certainty, including as disclosed
`above.
`
`Defendants may also rely on Dr. Mercer to
`respond to Plaintiffs claim constmction
`positions and any testimony of Plaintiffs expert
`witnesses.
`
`4
`
`ZTE Exhibit 1010
`Page 10 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112118 Page 11 of 16 PagelD #: 1419
`
`Claim Term
`
`Plaintiff
`
`Defendants
`
`3. "three-dimensional (3 D)
`pointing device"
`
`"3D pointing device"
`
`(Claims 1, 3, 4, 5, 14, 15, 16,
`17, 19)
`
`This tenn need not be constmed. In the
`altem ative, this tenllillay be constmed as
`follows:
`
`"a handheld device that uses at least a rotation
`sensor comprising one or more gyroscopes, and
`one or more accelerometers to detennine
`deviation angles or the orientation ofa device."
`
`4. "six-axis motion sensor"
`
`(Claims 1,5, 14, 15, 16, 17, 19)
`
`This tenn need not be constmed. In the
`altem ative, this tennmay be construed as
`follows:
`
`5
`
`Upon PlaintiWs request, Dr. Mercer will be
`made available to be deposed on this subject.
`"a device that detects the motion of the device in
`three-dimensions and translates the detected
`Illotions to control the movement of a cursor or
`pointer on a display"
`
`Intrinsic Evidence
`'438 Patent, Abstract, Figs. 1, 2, 3, 5, 9, cols.
`1:1 5- 2:37, 16:16-1 7:47
`
`'978 Patent, Abstract, Figs. 1, 2, 3, 5, 9, cols.
`1:21-2:40, 3:53-4: 11 ; 20:49- 22 :8; 22:34-40:
`23 :8- 17; 47- 58: 26:40-45; 35:3{}-38
`
`Extrinsic Evidence
`The New Oxford American Dictionary (2001 ),
`including at 1318
`
`The Am erican Heritage DictionalY of the
`English Language (4th Edition) (2000),
`including at 1355
`
`Defendants may also rely on a sworn declaration
`from Dr. M . Ray Mercer to respond to
`Plaintiffs claim construction positions and any
`testimony of Plaintiff's expert witnesses
`"a module consisting of two types of sensors: (i)
`a rotation sensor and (ii) one of more
`accelerometers"
`
`ZTE Exhibit 1010
`Page 11 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112118 Page 12 of 16 PagelD #: 1420
`
`Claim Term
`
`Plaintiff
`
`Defendants
`
`"a rotation sensor comprising one or more
`gyroscopes for collectively generating three
`angu lar velocities and one or more
`accelerometers for collectively generating three
`axial accelerations where said gyroscope( s) and
`accelerometer(s) are mounted a ll a COllllllo n
`PCB."
`
`'978 Patent
`
`Claim Term
`1. "generating the orientation
`output based on the first signal
`set, the second signal set and the
`rotation output or based on the
`first signal set and the second
`signal set"
`
`(Claim 10)
`
`Plaintiff
`This tenll need not be constmed. In the
`altemative, this teml may be constmed as
`follows:
`
`"generating the orientation/deviation angle
`output based on (1) the first signal set (from an
`accelerometer), the second signal set (from a
`magnetometer) and the rotation output (from a
`rotation sensor or gyroscope) or (2) the first
`signal set (from an accelerometer) and the
`second signal set (from a magnetometer)"
`
`6
`
`Intrinsic Evidence
`'438 Patent, Figs. 3, 4, 5, 6, cols. 7:26--55; 7:56--
`8:18; 9: 7- 27; 10:9- 29
`
`'978 Patent File HistOlY, Janmuy 28, 2013 Non-
`Final Rejection, including at 2- 3; Aprill 7, 2013
`Response, including at 2- 3, 9- 10
`
`Defendants Illay also rely on a sworn declaration
`from Dr. M . Ray Mercer to respond to
`Plaintiffs claim construction positions and any
`testimony ofPlaintiWs expel1 witnesses
`
`Defendants
`This claim tenll is indefinite because it does not
`infoml those skilled in the at1 about the scope of
`the invention with reasonable cel1ainty. This is
`so even with the aid of the specification and
`prosecution history. For example, this element
`recites "generating the orientation output based
`on the first signal set, the second signal set and
`the rotation output or based on the first signal
`set and the second signal set" The asserted
`claims recite that the first signal set comprises
`"axial accelerations," the second signal set
`comprises "magnetisms," and the rotation output
`is "associated with a rotation of the 3D pointing
`device." The patent does not define the tenll
`
`ZTE Exhibit 1010
`Page 12 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112118 Page 13 of 16 PagelD #: 1421
`
`Claim Term
`
`Plaintiff
`
`Defendants
`"axial accelerations." As CyWee has stated,
`accelerometers cannot distingu ish between
`different types of acceleration (e.g. , linear,
`centrifugal, gravitational), rendering the scope
`of the inventiollllot reasonably certain as of the
`time of the invention.
`
`In addition, there is additionallillcertainty about
`how the limitation to generate the orientation
`output based a ll either "axial accelerations,"
`magnetisllls and a rotation output or "axial
`accelerations" and magnetisllls us satisfied,
`including uncertainty regarding the value of
`variables necessary for this calculation, to the
`extent that this calculation can be done. Due to
`these deficiencies, those skilled in the art would
`not be able to detenlline with reasonable
`certainty the scope of this clailll lilllitation.
`
`Intrinsic Evidence
`'978 Patent, Figs. 4, 10--13, cols. 4:15-44; 5:45-
`6:27: 6:46-7:4: 9: 57- 10:30: 1O:5()-]] :30; 22:9-
`30:50
`
`Extrinsic Evidence
`CyWee's Objections and Responses to
`Salllslmg's Second Set of Interrogatories,
`including at 8- 14
`
`As set fOith in its P.R. 4-2 disclosmes,
`Defendants intend to rely on a swom declaration
`
`7
`
`ZTE Exhibit 1010
`Page 13 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112118 Page 14 of 16 PagelD # : 1422
`
`Claim Term
`
`Plaintiff
`
`2. "3D pointing device"
`
`(Claim 10)
`
`This tenll need not be constmed. In the
`altemative, this temlmay be constmed as
`follows:
`
`"a handheld device that includes at least one or
`more accelerometers and a magnetometer, and
`optionally a rotation sensor comprising one or
`more gyroscopes, and uses them to detenlline
`deviation angles or the orientation of a device"
`
`8
`
`Defendants
`and testimony of Dr. M . Ray Mercer to explain
`the technology, the state of the art at the time of
`the '978 Patent application was filed, the level
`of ordinary skill in the relevant 8 11, and the
`meaning offhis claim element to a person of
`ordinalY skill in the art at the time of the alleged
`invention, including whether a perSOll of
`ordinalY skill in the art could discem the
`bOlmdaries of this claim element with
`reasonable certainty, including as disclosed
`above.
`
`Defendants may also rely on Dr. Mercer to
`respond to PlaintiWs claim constmction
`positions and any testimony of Plaintiffs expert
`witnesses identified in CyWee's P.R. 4-2
`disclosures.
`
`Upon Plaintiffs request, Dr. Mercer will be
`made available to be deposed on this subject.
`"a device that detects the motion of the device in
`three-dimensions and translates the detected
`motions to control the movement of a cursor or
`pointer on a display"
`
`Intrinsic Evidence
`'978 Patent, Abstract, Figs. 1,2,3,5, 9, cols.
`1:21- 2:40,3 :53-4: 11 : 20:49- 22:8: 22:34-40;
`23:8-1 7: 47- 58; 26:40-45: 35:30-38
`
`Extrinsic Evidence
`
`ZTE Exhibit 1010
`Page 14 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112118 Page 15 of 16 PagelD # : 1423
`
`Claim Term
`
`Plaintiff
`
`3. "global reference frame
`associated with Earth"
`
`(Claim 10)
`
`This tenll need not be constmed. In the
`altemative, this tenlllllay be constmed as
`follows:
`
`Defendants
`The New Oxford American Dictionary (2001 ),
`including at 1318
`
`The American Heritage Dictionary of the
`English umguage (4th Edition) (2000),
`including at 1355
`
`Defendants may also rely on a sworn declaration
`from Dr. M. Ray Mercer to respond to
`Plaintiffs claim constmction positions and any
`testimony of Pia in tiff' s expert witnesses
`"an Earth-centered coordinate sys tem with an
`origin and a set of three coordinate axes deftned
`with respect to Eal1h"
`
`"reference frame with axes defmed with respect
`to Earth"
`
`Intrinsic Evidence
`'978 Patent, Abstrac t, cols. 7:55-fJ7; 8:1-1 2;
`32:4-30: 33 :29- 5 1; 34:25-28; 34:39- 51
`
`'438 Patent File History, March 3, 2013
`Response, including at 10- 11
`
`Extrinsic Evidence
`Principles of GNSS , Inertial and M ultisensor
`Integrated Navigation Systems (2008), including
`at 19-20
`
`Defendants may also rely on a sworn declaration
`from Dr. M. Ray Mercer to respond to
`Plaintiffs claim constmction positions and any
`testimony of Plaintiff's expert witnesses
`
`9
`
`ZTE Exhibit 1010
`Page 15 of 16
`
`

`

`Case 2:17-cv-00140-WCB-RSP Document 57 Filed 01112118 Page 16 of 16 PagelD #: 1424
`
`Claim Term
`4. "using the orientation output
`and the rotation output to
`generate a transfol1ned output
`associated with a fixed
`reference frame associated with
`a display device"
`
`(Claim 10)
`
`Plaintiff
`''using the orientation output and the rotation
`output to generate a transfol1ned output
`represented by 2-dimensionalmovement in a
`fixed reference frame that is parallel to the
`screen of a display device"
`
`Defendants
`"using the orientation output and the rotation
`output to generate a transfooned output
`representing a two-dimensionaimovement in a
`fixed reference frame that is parallel to the
`screen of the display device"
`
`Intrinsic Evidence
`'978 Patent, Abstract, Figs. 1,2,8,9, II , 13,
`cols. 5:11-45; 7:55--f>7; 8:1- 12; 11:3 1-43;
`19:61- 20: 24; 31:50- 32:3; 33:4- 19
`
`Extrinsic Evidence
`Defendants may also rely on a sworn declaration
`from Dr. M . Ray Mercer to respond to
`Plaintiffs claim construction positions and any
`testimony of Pia in tiff' s exvert witnesses
`
`10
`
`ZTE Exhibit 1010
`Page 16 of 16
`
`