Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 1 of 29
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`No. 1:18-cv-00554-LY
`
`AQUILA INNOVATIONS, INC., a
`Delaware corporation,
`Plaintiff,
`
`v.
`ADVANCED MICRO DEVICES, INC.,
`a Delaware corporation
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`Pursuant to the Court’s Scheduling Order, Plaintiff Aquila Innovations, Inc.
`
`(“Aquila”) and Defendant Advanced Micro Devices, Inc. (“AMD”) submit this Joint
`
`Claim Construction Statement for U.S. Patent Nos. 6,895,519 (“the ’519 Patent) and
`
`6,239,614 (“the ’614 Patent”).
`
`I.
`
`’519 PATENT AGREED CONSTRUCTIONS
`
`Term
`Whether the preamble of claim 1 is
`limiting.
`
`Agreed Construction
`The preamble of claim 1 is limiting.
`
`II.
`
`’519 PATENT DISPUTED CONSTRUCTIONS
`
`Exhibit A contains the parties’ respective proposed constructions of disputed
`
`claim terms in the ’519 Patent, together with an identification of supporting
`
`intrinsic and extrinsic evidence upon which they intend to rely. The proposed terms
`
`for construction are:
`
`AQUILA - Ex. 2001
`
`

`

`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 2 of 29
`
`
`
`(cid:120)
`
`(cid:120)
`(cid:120)
`(cid:120)
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`(cid:120)
`(cid:120)
`(cid:120)
`
`(cid:120)
`
`“A system LSI having a plurality of ordinary operation modes and a plurality
`of special modes in response to clock frequencies supplied to a central
`processing unit” (claim 1)
`“system LSI” (claim 1)
`“plurality of standard clocks” (claim 1)
`“generates a clock” (claim 1)
`“[a first memory that stores] a clock control library for controlling a clock
`frequency transition between said ordinary operation modes”(claim 1)
`“user selectable” (claim 1)
`“[a second memory that stores] an application program [wherein calling of
`said clock control library and changing of said register value are
`programmably controlled] to enable user selectable clock frequency
`transitions”(claim 1)
`“halted” (claim 1, 7)
`“principal constituents of said central processing unit” (claim 1)
`“a main library which is called by said application program and selects any
`one of said libraries” (claim 2)
`“a status register that judges a state of said central processing unit
`immediately after being released from said third special mode” (claim 7)
`
`III.
`
`’614 PATENT DISPUTED CONSTRUCTIONS
`
`Exhibit B contains the parties’ respective proposed constructions of disputed
`
`claim terms in the ’614 Patent, together with an identification of supporting
`
`intrinsic and extrinsic evidence upon which they intend to rely. The proposed terms
`
`for construction are:
`
`(cid:120)
`(cid:120)
`(cid:120)
`
`(cid:120)
`(cid:120)
`
`(cid:120)
`
`(cid:120)
`
`“unit cells” (claim 1)
`“unit cell array” (claims 1, 3)
`“a unit cell array comprised of first and second unit cells laid in array form”
`(claim 1)
`“a power switch” (claims 1, 2, 3)
`“a power switch disposed around said unit cell array and comprised of a
`plurality of third MOS transistors” (claim 1)
`“a plurality of input / output circuits disposed around said unit cell array”
`(claim 1)
`“parts of said power switch disposed within said unit cell array” (claim 3)
`
`
`-2-
`
`

`

`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 3 of 29
`
`
`
`IV. EXPERT IDENTIFICATION
`
`Patent
`
`Plaintiff’s Expert
`
`Defendant’s Expert
`
`’519 Patent
`
`’614 Patent
`
`
`
`Dr. Vojin Oklobdzija
`
`Dr. David Albonesi
`
`Dr. Vojin Oklobdzija
`
`Dr. Douglas Holberg
`
`Each party reserves the right to provide an expert declaration from the
`
`identified expert and to call the identified expert to provide expert testimony at the
`
`claim construction hearing as to the meaning of any term of the identified patent
`
`that is proposed for construction to a person of ordinary skill in the art, including
`
`testimony that a person of ordinary skill in the art would understand that the term
`
`has the meaning set out in the party’s proposed constructions associated with the
`
`term and testimony to respond to whatever the opposing party’s proposed expert
`
`might say during the course of these proceedings.
`
`V.
`
`STATEMENT REGARDING AMD’S OBJECTIONS
`
`AMD’s narrative does not fairly describe the relevant events. Aquila submits
`
`that the Joint Claim Construction Statement is not the proper place for arguments
`
`of this nature.
`
`VI. OBJECTIONS BY AMD
`
`A. AMD Objects to Aquila’s Untimely and Improper Changes
`AMD objects to Aquila’s untimely and improper disclosure of positions and
`
`extrinsic evidence.
`
`-3-
`
`

`

`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 4 of 29
`
`
`
`AMD timely disclosed its positions and extrinsic evidence to Aquila on April
`
`24, as required by the Court’s scheduling order. AMD also provided its input, as
`
`agreed between the parties, on Thursday, May 2. On May 14, Aquila substantially
`
`changed its positions and, for the first time, disclosed extrinsic evidence to AMD.
`
`Despite receiving AMD’s timely disclosures, including copies of the extrinsic
`
`evidence, Aquila failed to disclose its positions and evidence until the day before
`
`May 15, the deadline to file the Joint Claim Construction Statement.
`
`AMD even agreed to not oppose Aquila’s extension to the Joint Claim
`
`Construction Statement with the express requirement that Aquila send its input
`
`without further delay, but no later than the following Monday, May 6. Yet, Aquila
`
`failed to send its input until 8 days later on Tuesday, May 14. Ultimately, Aquila
`
`delayed disclosure of its positions and extrinsic evidence by nearly three weeks,
`
`until only one day before May 15.
`
`AMD is prejudiced by Aquila’s disregard of the court ordered schedule in a
`
`variety of ways, not the least of which is that AMD was afforded no meaningful
`
`period of time to adjust its positions or search for rebuttal evidence prior to the
`
`required filing date of the JCCS. Accordingly, Aquila should be precluded from
`
`relying on its untimely and wholly new introduction of extrinsic evidence (copies of
`
`which were provided to AMD less than one day before May 15).1
`
`
`1 AMD sought to streamline the issues for the Court by offering that both parties to drop their
`objections in full. Plaintiff has rejected the offer.
`
`-4-
`
`

`

`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 5 of 29
`
`
`
`B. AMD Objects to Aquila’s Mischaracterization of AMD’s
`Invalidity Contentions and AMD’s Proposed Constructions
`Aquila’s untimely and improper revisions to the Joint Claim Construction
`
`Statement include several statements in relation to AMD’s invalidity contentions
`
`and AMD’s proposed terms and/or constructions. As explained above, AMD objects
`
`to Aquila’s statements as untimely and improper. See supra, Section VI.A (AMD
`
`Objects to Aquila’s Untimely and Improper Changes). AMD also objects to Aquila’s
`
`mischaracterization of AMD’s
`
`invalidity contentions and AMD’s proposals.
`
`Moreover, Aquila has had these proposed constructions for three weeks and has
`
`suffered no prejudice from their (timely) disclosure.
`
`AMD’s theories or proposals are not undisclosed or untimely. AMD disclosed
`
`the terms proposed for construction and the proposed constructions with
`
`identification of supporting evidence, as required, on April 10 and 24, respectively,
`
`including the one term that Aquila contends is untimely (“clock control library …”).
`
`This one term was timely identified in the April 10 exchange and proposed for
`
`construction under 35 U.S.C. § 112 in the April 24 exchange, but was not
`
`specifically identified in the initial invalidity contentions.2 AMD realized that the
`
`term was indefinite during the claim construction process, and made that disclosure
`
`as part of its timely claim construction exchange. Thus, all theories of indefiniteness
`
`were disclosed as part of the claim construction exchange on April 24, there are no
`
`undisclosed theories.
`
`2 Without admitting that AMD’s prior disclosures were insufficient in any regard but out of an
`abundance of caution, this term has been identified as indefinite in AMD’s first amended invalidity
`contentions served May 15, 2019, the next day after Collabo first explained the scope of its complaint
`on May 14, 2019.
`
`-5-
`
`

`

`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 6 of 29
`
`
`
`Despite AMD’s timely exchanges on April 10, April 24, and May 2, and
`
`explanation in its Initial Invalidity Contentions that AMD reserved the right to
`
`propose alternative constructions to Aquila’s incorrect claim interpretations, Aquila
`
`incorrectly asserts that AMD has undisclosed theories based on indefiniteness.
`
`Aquila’s statement is not well founded. Not only has AMD already disclosed the
`
`terms that are indefinite, AMD agreed to a compromise that gave Aquila additional
`
`time. Aquila has no prejudice from AMD’s addition of one term over three weeks
`
`ago.
`
`
`
`
`
`Dated: May 16, 2019
`
`/s/Jennifer Librach Nall
`Kevin J. Meek (SBN 13899600)
`Jennifer Librach Nall (SBN 24061613)
`Puneet Kohli (SBN 24090523)
`Aashish G. Kapadia (SBN 24097917)
`BAKER BOTTS L.L.P.
`98 San Jacinto Blvd., Suite 1500
`Austin, TX 78701
`(512) 322-2500
`kevin.meek@bakerbotts.com
`jennifer.nall@bakerbotts.com
`puneet.kohli@bakerbotts.com
`aashish.kapadia@bakerbotts.com
`
`Attorneys for Defendant
`Advanced Micro Devices, Inc.
`
`Respectfully Submitted:
`
`
`
`
`/s/Jing H. Cherng
`Robert E. Freitas (admitted pro hac vice)
`Jing H. Cherng (admitted pro hac vice)
`FREITAS & WEINBERG LLP
`350 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`Telephone: (650) 593-6300
`rfreitas@fawlaw.com
`gcherng@fawlaw.com
`
`Henry B. Gonzalez III (SBN 00794952)
`Jeffrie B. Lewis (SBN 24071785)
`GONZALEZ, CHISCANO, ANGULO, &
`KASSON, PC
`9601 McAllister Freeway, Suite 401
`San Antonio, Texas 78216
`Tel: (210) 569-8500
`hbg@gcaklaw.com
`jlewis@gcaklaw.com
`
`Attorneys for Plaintiff
`Aquila Innovations, Inc.
`
`
`-6-
`
`

`

`Defendant’s Proposed Construction and
`
`limiting.
`Parties agree that the preamble is
`
`Evidence
`
`that integrated chip includes]
`supplied to the central processing unit[,
`in response to clock frequencies
`modes and a plurality of special modes
`having a plurality of ordinary operation
`second memory, and I/O capability, and
`central processing unit, first memory,
` single integrated chip, which has a
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`
`
`8.
`of Reference Numerals, Figs. 1, 2, claims 1–
`2002-047696, ¶¶ [0002], [0010], Explanation
`Certified Translation of Japanese Patent
`
`
`
`1-11.
`2:10–30, 2:43-55, 9:7–11:17, 12:33-37; claims
`’519 Patent: Figs. 1, 2, 1:5–15, 1:26–30,
`
`
`
` a
`
`U.S. Patent 6,895,519
`
`Exhibit A
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 7 of 29
`
`361.
`Electrical Engineering (CRC Press 2005) at
`Laplante, P.A., Comprehensive Dictionary of
`375;
`Computing (McGraw-Hill 10th ed. 1993) at
`“LSI”: McDaniel, G., IBM Dictionary of
`
`Fig. 1, 2, Cl. 1
`’519 Patent:1:5-10, 26-30, 2:10-30, 2:43-55,
`
`
`
`
`
`“System LSI” to mean “system on a chip.”
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`
`
`term.
`construction necessary for remainder of
`Plain and ordinary meaning, no
`“system LSI” means “system on a chip”
`
`
`
`limiting.
`Parties agree that the preamble is
`
`Evidence
`
`Plaintiff’s Proposed Construction and
`
`
`
`unit” (claim 1)
`central processing
`supplied to a
`frequencies
`response to clock
`special modes in
`and a plurality of
`operation modes
`of ordinary
`having a plurality
`“A system LSI
`
`Term
`
`
`
`

`

`Defendant’s Proposed Construction and
`
`Evidence
`
`declaration from Dr. Albonesi as to the
`AMD reserves the right to provide an expert
`
`
`
`Electronics Dictionary (6th ed. 1997) at 23.
`Sclater, N. & Markus, J., McGraw Hill
`31;
`Electrical Engineering (CRC Press 1999) at
`Laplante, P.A., Comprehensive Dictionary of
`Electronics (7th ed. 1999) at 34, 38;
`“ASIC”: Graf, R.F., Modern Dictionary of
`Electronics Dictionary (6th ed. 1997) at 288;
`Sclater, N. & Markus, J., McGraw Hill
`2002) at 190–91, 337;
`Microsoft Computer Dictionary (5th ed.
`410-11;
`Electrical Engineering (CRC Press 1999) at
`Laplante, P.A., Comprehensive Dictionary of
`Technical Terms (6th ed. 2003) at 1334;
`McGraw-Hill Dictionary of Scientific and
`470;
`Dictionary of Electronics (7th ed. 1999) at
`“microcontroller”: Graf, R.F., Modern
`361.
`Electrical Engineering (CRC Press 1999) at
`Laplante, P.A., Comprehensive Dictionary of
`375;
`Computing (McGraw-Hill 10th ed. 1993) at
`“LSI”: McDaniel, G., IBM Dictionary of
`
`
`
`U.S. Patent 6,895,519
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 8 of 29
`
`-8-
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`Term
`
`
`
`

`

`Defendant’s Proposed Construction and
`
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`meaning of this term to a person of ordinary
`
`Evidence
`
`
`
`“LSI”: McDaniel, G., IBM Dictionary of
`
`
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`8.
`of Reference Numerals, Figs. 1, 2, claims 1–
`2002-047696, ¶¶ [0002], [0010], Explanation
`Certified Translation of Japanese Patent
`
`
`
`
`
`1-11.
`2:10–30, 2:43-55, 9:7–11:17, 12:33-37; claims
`’519 Patent: Figs. 1, 2, 1:5–15, 1:26–30,
`
`
`
`second memory, and I/O capability
`central processing unit, first memory,
`single integrated chip, which has a
`
`
`
`claim 1 is limiting.
`The parties agree that the preamble of
`
`U.S. Patent 6,895,519
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 9 of 29
`
`-9-
`
`361.
`Electrical Engineering (CRC Press 2005) at
`Laplante, P.A., Comprehensive Dictionary of
`375;
`Computing (McGraw-Hill 10th ed. 1993) at
`“LSI”: McDaniel, G., IBM Dictionary of
`
`“System LSI” to mean “system on a chip.”
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`
`
`’519 Patent 1:5-10, 26-30, 2:10-30, 2:43-55.
`
`claim 1 is limiting.
`The parties agree that the preamble of
`
`
`
`system on a chip
`
`
`
`Fig. 1, 2
`
`Cl. 1
`
`
`
`
`
`
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`(claim 1)
`“system LSI”
`
`Term
`
`
`
`

`

`Defendant’s Proposed Construction and
`
`meaning of this term to a person of ordinary
`declaration from Dr. Albonesi as to the
`AMD reserves the right to provide an expert
`
`
`
`Electronics Dictionary (6th ed. 1997) at 23.
`Sclater, N. & Markus, J., McGraw Hill
`31;
`Electrical Engineering (CRC Press 1999) at
`Laplante, P.A., Comprehensive Dictionary of
`Electronics (7th ed. 1999) at 34, 38;
`“ASIC”: Graf, R.F., Modern Dictionary of
`Electronics Dictionary (6th ed. 1997) at 288;
`Sclater, N. & Markus, J., McGraw Hill
`2002) at 190–91, 337;
`Microsoft Computer Dictionary (5th ed.
`410-11;
`Electrical Engineering (CRC Press 1999) at
`Laplante, P.A., Comprehensive Dictionary of
`Technical Terms (6th ed. 2003) at 1334;
`McGraw-Hill Dictionary of Scientific and
`470;
`Dictionary of Electronics (7th ed. 1999) at
`“microcontroller”: Graf, R.F., Modern
`361.
`Electrical Engineering (CRC Press 1999) at
`Laplante, P.A., Comprehensive Dictionary of
`375;
`Computing (McGraw-Hill 10th ed. 1993) at
`
`Evidence
`
`U.S. Patent 6,895,519
`
`-10-
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`Term
`
`
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 10 of 29
`
`

`

`Defendant’s Proposed Construction and
`
`U.S. Patent 6,895,519
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 11 of 29
`
`Electrical Engineering (CRC Press 1999) at
`Laplante, P.A., Comprehensive Dictionary of
`Electronics (7th ed. 1999) at 122-23;
`“clock”: Graf, R.F., Modern Dictionary of
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`
`
`Numerals, Fig. 4, claims 1, 7, 8.
`[0043], [0097], Explanation of Reference
`2002-047696, ¶¶ [0016], [0018], [0031],
`Certified Translation of Japanese Patent
`
`
`
`
`
`Action, Sept. 22, 2003.
`’519 Patent, File History, Response to Office
`
`
`
`30; claims 1, 7.
`7:62–67, 8:14–19, 9:22–25, 9:26–37, 11:23–
`’519 Patent: Figs. 4, 9; 3:62–4:7, 5:41–48,
`
`
`
`reference frequency
`multiple clock signals, each at a unique
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`
`Evidence
`
`-11-
`
`“multiple clock signals.”
`“plurality of reference clocks” to mean
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`
`
`Press 2005) at 116-117;
`Dictionary of Electrical Engineering (CRC
`“clock”: Laplante, P.A., Comprehensive
`
`30; claims 1, 7.
`7:62–67, 8:14–19, 9:22–25, 9:26–37, 11:23–
`’519 Patent: Figs. 4, 9; 3:62–4:7, 5:41–48,
`
`multiple clock signals
`
`
`
`
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`(claim 1)
`standard clocks”
`“plurality of
`
`Term
`
`
`
`

`

`Defendant’s Proposed Construction and
`
`the same
`another periodic signal, or by selecting
`multiplying or dividing the frequency of
`periodic circuit operation, such as by
`creating a signal for controlling
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`meaning of this term to a person of ordinary
`declaration from Dr. Albonesi as to the
`AMD reserves the right to provide an expert
`(10th ed. 2001) at 979.
`Merriam-Webster’s Collegiate Dictionary
`1999) at 729;
`Modern Dictionary of Electronics (7th ed.
`“standard” / “reference”: Graf, R.F.,
`Electronics Dictionary (6th ed. 1997) at 76.
`Sclater, N. & Markus, J., McGraw Hill
`2002) at 103;
`Microsoft Computer Dictionary (5th ed.
`(McGraw-Hill 10th ed. 1993) at 108;
`McDaniel, G., IBM Dictionary of Computing
`109;
`
`30; claims 1, 8.
`54, 3:67-4:4, 7:24-27, 8:14-19, 9:26-37, 11:23-
`’519 Patent: Figs. 4, 9; 1:44-62, 3:47-50, 3:51-
`
`Certified Translation of Japanese Patent
`
`
`
`
`
`Evidence
`
`U.S. Patent 6,895,519
`
`-12-
`
`67, 8:14-19, 9:26-37, 11:23-30; claims 1, 6, 8.
`54, 3:67-4:4, 5:14-20, 6:66-7:4, 7:24-27, 7:60-
`’519 Patent: Figs. 4, 9, 1:44-62, 3:47-50, 3:51-
`
`The Authoritative Dictionary of IEEE
`Press 2005) at 116-117;
`Dictionary of Electrical Engineering (CRC
`“clock”: Laplante, P.A., Comprehensive
`
`
`
`clock signal
`Plain and ordinary meaning: outputs a
`
`
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`(claim 1)
`“generates a clock”
`
`Term
`
`
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 12 of 29
`
`

`

`supra, Section VI.B.
`exchanged proposed constructions. See
`AMD’s invalidity contentions and timely
`As explained above, Aquila mischaracterizes
`Aquila’s statements are not well founded.
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`meaning of this term to a person of ordinary
`declaration from Dr. Albonesi as to the
`AMD reserves the right to provide an expert
`
`additional citations.
`See supra, “plurality of standard clocks,”
`
`
`
`37.
`Hill Electronics Dictionary (6th ed. 1997) at
`“base”: Sclater, N. & Markus, J., McGraw
`
`
`
`
`
`-13-
`
`Not subject to 35 U.S.C. § 112, para. 6.
`
`terms for construction.
`in its invalidity contentions or its proposed
`AMD did not disclose this invalidity theory
`
`
`
`Defendant’s Proposed Construction and
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`Numerals, Fig. 4, claims 1, 7, 8.
`[0043], [0097], Explanation of Reference
`2002-047696, ¶¶ [0016], [0018], [0031],
`
`
`
`Evidence
`
`U.S. Patent 6,895,519
`
`Plaintiff’s Proposed Construction and
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 13 of 29
`
`of “outputs a clock signal.”
`“generates a clock” to have its plain meaning
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`
`
`Standards Terms (7th ed. 2000) at 177;
`
`Evidence
`
`transition between
`frequency
`controlling a clock
`control library for
`that stores] a clock
`“[a first memory
`
`Term
`
`
`
`

`

`Defendant’s Proposed Construction and
`
`Structure: indefinite
`between said ordinary operation modes
`transition (that is not a state transition)
`Function: controlling a clock frequency
`
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`Numerals, Figs. 5, 7, 8a, 8b, 9, claims 1–8.
`[0091]–[0093], Explanation of Reference
`2002-047696, ¶¶ [0005], [0078], [0086],
`Certified Translation of Japanese Patent
`Action, Apr. 19, 2004.
`’519 Patent, File History, Response to Office
`Response to Office Action, Sept. 22, 2003;
`’519 Patent, File History, Amendment and
`
`
`
`
`
`claims 1-11.
`12:12-23, 12:24-64, 12:65-13:4, 13:5-23,
`6:54-58, 9:7–10:29, 11:23-30, 11:57–12:11,
`3:38-42, 4:12-18, 4:29-44, 4:61–5:3, 6:1-7,
`’519 Patent: Figs. 2, 6, 7, 8a, 9b; Abstract,
`
`
`
`
`
`§ 112, para. 6.
`operation modes” is subject to 35 U.S.C.
`frequency transition between said ordinary
`“clock control library for controlling a clock
`
`Evidence
`
`-14-
`
`transition between said ordinary operation
`library for controlling a clock frequency
`““[a first memory that stores] a clock control
`ordinary skill in the art would understand
`ordinary skill in the art, and that a person of
`each connote structure to a person of
`that “memory” and “clock control library”
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`
`
`1999) at 422.
`Modern Dictionary of Electronics (7th ed.
`“library”:
`
`
`
`ed. 2000) at 235, 1126;
`Dictionary of IEEE Standards Terms (7th
`“control program”: The Authoritative
`
`
`
`11:57-12:10, Fig. 6, 7, 8, Cl. 1, 5
`’519 Patent: 4:29-44, 4:61-5:3, 9:7-10:29,
`
`
`
`operation modes.
`the clock signals in the ordinary
`controls the change in the frequency of
`memory that stores] software that
`Plain and ordinary meaning: [a first
`
`
`
`(claim 1)
`operation modes”
`said ordinary
`
`Term
`
`
`
`U.S. Patent 6,895,519
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 14 of 29
`
`

`

`Defendant’s Proposed Construction and
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`
`Computing Systems (McGraw-Hill 2001) at
`Patt, Y. N. & Patel, S.J., Introduction to
`468;
`IEEE Standards Terms (7th ed. 2000) at
`“function”: The Authoritative Dictionary of
`187-88, 230.
`Computing Systems (McGraw-Hill 2001) at
`Patt, Y. N. & Patel, S.J., Introduction to
`2003) at 1200;
`of Scientific and Technical Terms (6th Ed.
`“library routine”: McGraw-Hill Dictionary
`182, 311.
`Computing Systems (McGraw-Hill 2001) at
`Patt, Y. N. & Patel, S.J., Introduction to
`2002) at 309;
`Microsoft Computer Dictionary (5th ed.
`380;
`Computing (McGraw-Hill 10th ed. 1993) at
`“library”: McDaniel, G., IBM Dictionary of
`(McGraw-Hill 10th ed. 1993) at 146.
`McDaniel, G., IBM Dictionary of Computing
`ed. 2000) at 235, 1126;
`Dictionary of IEEE Standards Terms (7th
`“control program”: The Authoritative
`
`
`
`Evidence
`
`U.S. Patent 6,895,519
`
`-15-
`
`Plaintiff’s Proposed Construction and
`
`signals in the ordinary operation modes.”
`the change in the frequency of the clock
`memory that stores] software that controls
`modes” to have its plain meaning of “[a first
`
`Evidence
`
`Term
`
`
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 15 of 29
`
`

`

`Defendant’s Proposed Construction and
`
`chosen by a person
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`meaning of this term to a person of ordinary
`declaration from Dr. Albonesi as to the
`AMD reserves the right to provide an expert
`311.
`
`Evidence
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`AMD reserves the right to provide an expert
`
`
`
`
`
`[0100].
`2002-047696, Abstract, ¶¶ [0015], [0024],
`Certified Translation of Japanese Patent
`
`
`
`Action, Apr. 19, 2004.
`’519 Patent, File History, Response to Office
`Response to Office Action, Sept. 22, 2003;
`’519 Patent, File History, Amendment and
`
`
`
`4:47–61, 13:33–36, 14:10–14.
`’519 Patent: Figs. 2, 5, 6; 1:12–20, 3:28–33,
`
`
`
`U.S. Patent 6,895,519
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 16 of 29
`
`-16-
`
`“capable of being selected by a user.”
`“user selectable” to have its plain meaning of
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`being selected by a user
`Plain and ordinary meaning: capable of
`
`
`
`’519 Patent: 4:50, 9:36-39
`
`
`
`
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`(claim 1)
`“user selectable”
`
`Term
`
`
`
`

`

`Defendant’s Proposed Construction and
`
`para. 6.
`transitions” is subject to 35 U.S.C. § 112,
`to enable user selectable clock frequency
`register value are programmably controlled]
`clock control library and changing of said
`application program [wherein calling of said
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`meaning of this term to a person of ordinary
`declaration from Dr. Albonesi as to the
`
`Evidence
`
`Action, Apr. 19, 2004.
`’519 Patent, File History, Response to Office
`Response to Office Action, Sept. 22, 2003;
`’519 Patent, File History, Amendment and
`
`Certified Translation of Japanese Patent
`
`
`
`
`
`13:33–36, 14:5–14.
`11:18–22, 11:66–12:5, 12:65–13:9, 13:10–24,
`’519 patent: Figs. 2, 5, 6; 3:51–54, 4:47–61,
`
`
`
`a clock frequency transition
`changing a register value that dictates
`calling the clock control library and
`Algorithm: responsive to user selection,
`Structure: software;
`frequency transitions
`Function: enables user selectable clock
`
`
`
`U.S. Patent 6,895,519
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 17 of 29
`
`-17-
`
`to enable user selectable clock frequency
`register value are programmably controlled]
`clock control library and changing of said
`application program [wherein calling of said
`“[a second memory that stores] an
`ordinary skill in the art would understand
`ordinary skill in the art, and that a person of
`each connote structure to a person of
`that “memory” and “application program”
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`5
`11:57-12:10, 12:11 – 13:35 Fig. 6, 7, 8, Cl. 1,
`’519 Patent: 4:29-44, 4:61-5:3, 9:7-10:29,
`
`selectable clock frequency transitions.
`register value, such as to enable user
`control library and changing of said
`programmably controls the clock
`application program that
`[a second memory that stores] an
`
`not subject to 35 U.S.C. § 112, para. 6.
`
`
`
`
`
`Plaintiff’s Proposed Construction and
`
`Evidence
`
`(claim 1)
`transitions”
`frequency
`selectable clock
`enable user
`controlled] to
`programmably
`register value are
`changing of said
`control library and
`calling of said clock
`program [wherein
`application
`that stores] an
`“[a second memory
`
`Term
`
`
`
`

`

`cut off completely
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`meaning of this term to a person of ordinary
`declaration from Dr. Albonesi as to the
`AMD reserves the right to provide an expert
`(McGraw-Hill 10th ed. 1993) at 28.
`McDaniel, G., IBM Dictionary of Computing
`1999) at 34;
`Modern Dictionary of Electronics (7th ed.
`“application program”: Graf, R.F.,
`
`59, 10:60–11:17, 11:40–43.
`7:46–51, 8:6–11, 9:18–22, 10:30–45; 10:46–
`’519 Patent: Figs. 2, 3, 4, 5; 5:8–10, 6:63–65,
`
`
`
`
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`
`
`Defendant’s Proposed Construction and
`
`[0094], [0100], Fig. 6, claims 1–3.
`[0077], [0080], [0083], [0084], [0091], [0092],
`[0016], [0017], [0021], [0023], [0024], [0039],
`2002-047696, ¶¶ [0009], [0013], [0015],
`
`
`
`Evidence
`
`U.S. Patent 6,895,519
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 18 of 29
`
`-18-
`
`8:19-20, 9:18-22, 10:30-11:49, cl.1, 6
`’519 Patent: 5:17-21, 5:30-36, 7:28-42, 8:6-13,
`
`
`
`
`
`paused.
`
`“halted” (claim 1, 7) Plain and ordinary meaning, stopped or
`
`Plaintiff’s Proposed Construction and
`
`selectable clock frequency transitions.”
`register value, such as to enable user
`clock control library and changing of said
`program that programmably controls the
`second memory that stores] an application
`transitions” to have its plain meaning of “[a
`
`
`
`Evidence
`
`Term
`
`
`
`

`

`Defendant’s Proposed Construction and
`
`such as peripheral devices, or interrupts
`responsible for responding to inputs,
`the processor cores but not circuitry
`Electronics Dictionary (6th ed. 1997) at 107.
`Sclater, N. & Markus, J., McGraw Hill
`161;
`Computing (McGraw-Hill 10th ed. 1993) at
`“cutoff”: McDaniel, G., IBM Dictionary of
`and Technical Terms (6th Ed. 2003) at 953.
`“halt”: McGraw-Hill Dictionary of Scientific
`
`10:31–46, 11:50–57.
`6:17–26, 6:50–58, 7:28–37, 8:20–24, 9:19–23,
`’519 Patent: Figs. 1, 2; 5:4–10, 5:30–40,
`
`[0074], Figs. 1, 2, claim 5.
`2002-047696, ¶¶ [0027]–[0030], [0045],
`Certified Translation of Japanese Patent
`
`
`
`
`
`
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`
`
`[0076], [0077], Fig. 5, claim 5.
`2002-047696, ¶¶ [0027]–[0030], [0048],
`Certified Translation of Japanese Patent
`
`Evidence
`
`U.S. Patent 6,895,519
`
`-19-
`
`10:31–46, 11:50–57.
`6:17–26, 6:50–58, 7:28–37, 8:20–24, 9:19–23,
`’519 Patent: Figs. 1, 2; 5:4–10, 5:30–40,
`
`the processor cores
`
`
`
`processing unit” to mean “processor cores.”
`“principal constitutes of said central
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`Plaintiff’s Proposed Construction and
`
`meaning of “stopped or paused.”
`“halted” as claimed to have its plain
`ordinary skill in the art would understand
`Oklobdzija regarding how a person of
`Aquila will rely upon the opinion of Dr.
`
`
`
`
`
`ed. 2000) at 502;
`Dictionary of IEEE Standards Terms (7th
`“halt instruction”: The Authoritative
`
`
`
`502;
`IEEE Standards Terms (7th ed. 2000) at
`“halt”: The Authoritative Dictionary of
`
`Evidence
`
`unit” (claim 1)
`central processing
`constituents of said
`“principal
`
`Term
`
`
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 19 of 29
`
`

`

`Defendant’s Proposed Construction and
`
`Evidence
`
`U.S. Patent 6,895,519
`
`Case 1:18-cv-00554-LY Document 39 Filed 05/17/19 Page 20 of 29
`
`supra, Section VI.B.
`exchanged proposed constructions. See
`AMD’s invalidity contentions and timely
`As explained above, Aquila mischaracterizes
`Aquila’s statements are not well founded.
`proposed construction. See supra Section IV.
`skill in the art as set forth by AMD’s
`meaning of this term to a person of ordinary
`declaration from Dr. Albonesi as to the
`AMD reserves the right to provide an expert
`
`Action, Apr. 19, 2004.
`’519 Patent, File History, Response to Office
`Response to Office Action, Sept. 22, 2003;
`’519 Patent, File History, Amendment and
`
`
`
`
`
`11:66–12:23; 13:5–24.
`’519 Patent: Figs. 5, 6, 7, 8a, 8b; 11:18–22,
`
`
`
`indefinite
`
`
`
`documents.
`to rely on official translations of such foreign
`provided to Aquila, AMD reserves the right
`suggested by the Google translations
`related foreign prosecution history, as
`To the extent that this term is found in the
`
`
`
`
`
`-20-
`
`2
`4:30-45, 11:18–22, 11:66–12:23; 13:5–24, Cl.
`’519 Patent: ’519 Patent: Figs. 5, 6, 7, 8a, 8b;
`
`processing unit.”
`frequencies supplied to said central
`generation circuit to transition the clock
`system control circuit and said clock
`“plurality of