IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`UNILOC 2017, LLC
`Plaintiff,
`
` v.
`
`GOOGLE LLC,
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFFS’ PRELIMINARY CLAIM CONSTRUCTIONS
`AND IDENTIFICATION OF EXTRINSIC EVIDENCE PURSUANT TO P.R. 4-2
`
`Plaintiff Uniloc 2017, LLC (“Uniloc”) submits the following preliminary claim
`
`CIVIL ACTION NO. 2-18-cv-00502
`
`
`JURY TRIAL DEMANDED
`
`constructions and identification of extrinsic evidence pursuant to P.R. 4-2 and the Docket Control
`
`Order regarding United States Patent No. 8,407,609. No terms are governed by 35 U.S.C. Section
`
`112, Paragraph 6.
`
`Uniloc contends that any additional terms identified by Defendant in their P.R. 4-1
`
`disclosures and not addressed below do not require construction and their plain and ordinary
`
`meaning suffice. Uniloc reserves the right to amend its contention based on the constructions
`
`proposed by Defendant.
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`Uniloc reserves the right to supplement, amend, and/or modify the following list of claim
`
`terms and proposed constructions for any reason including, consistent with P.R. 4-2, to facilitate
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`the ultimate preparation of the Joint Claim Construction and Prehearing Statement.
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`1
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`Page 1 of 5
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`GOOGLE EXHIBIT 1009
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`UNILOC 2017, LLC
`Plaintiff,
`
` v.
`
`GOOGLE LLC,
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`
`PLAINTIFFS’ PRELIMINARY CLAIM CONSTRUCTIONS
`AND IDENTIFICATION OF EXTRINSIC EVIDENCE PURSUANT TO P.R. 4-2
`
`Plaintiff Uniloc 2017, LLC (“Uniloc”) submits the following preliminary claim
`
`CIVIL ACTION NO. 2-18-cv-00502
`
`
`JURY TRIAL DEMANDED
`
`constructions and identification of extrinsic evidence pursuant to P.R. 4-2 and the Docket Control
`
`Order regarding United States Patent No. 8,407,609. No terms are governed by 35 U.S.C. Section
`
`112, Paragraph 6.
`
`Uniloc contends that any additional terms identified by Defendant in their P.R. 4-1
`
`disclosures and not addressed below do not require construction and their plain and ordinary
`
`meaning suffice. Uniloc reserves the right to amend its contention based on the constructions
`
`proposed by Defendant.
`
`Uniloc reserves the right to supplement, amend, and/or modify the following list of claim
`
`terms and proposed constructions for any reason including, consistent with P.R. 4-2, to facilitate
`
`the ultimate preparation of the Joint Claim Construction and Prehearing Statement.
`
`
`
`
`
`
`
`
`
`
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`1
`
`Page 1 of 5
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`GOOGLE EXHIBIT 1009
`
`
`
`Terms for U.S. Patent No 8,407,609
`
`Preliminary Construction
`
`1. identifier data
`
`
`2. applet
`
`“information that can be used to correlate the user and
`each digital media presentation”
`
`“a software component that runs in the context of another
`program”
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`3. web page
`
`Plain and ordinary meaning
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`4. wherein each provided
`webpage causes
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`5. providing identifier data to
`the user's computer using the
`first computer system
`
`6. storing data indicative of the
`received at least portion of
`the identifier data using the
`first computer system
`
`7. is indicative of an amount of
`time the digital media
`presentation is streamed from
`the second computer system
`to the user’s computer
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
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`8. Indicative of
`
`Plain and ordinary meaning
`
`9. wherein each provided web
`page causes corresponding
`digital media presentation
`data to be streamed
`
`10. predetermined temporal
`period
`
`11. receiving at least a portion of
`the identifier data from the
`user's computer responsively
`to the timer applet each time a
`predetermined temporal
`period elapses using the first
`computer system
`
`12. a second computer system
`distinct from the first
`computer system
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
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`2
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`Page 2 of 5
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`
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`Terms for U.S. Patent No 8,407,609
`
`Preliminary Construction
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`13. providing an applet to the
`user’s computer for each
`digital media presentation to
`be delivered using the first
`computer system
`
`Plain and ordinary meaning
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`14. the stored data
`
`Plain and ordinary meaning
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`15. each stored data
`
`Plain and ordinary meaning
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`16. wherein each stored data is
`together
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`17. wherein each stored data is
`together indicative of
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`This term cannot be separated from its contextual
`limitations and should be considered as part of the claim
`limitation: “wherein each stored data is together
`indicative of a cumulative time the corresponding web
`page was displayed by the user's computer”, which is not
`proposed for construction by either party and should
`receive its plain and ordinary meaning.
`
`This term cannot be separated from its contextual
`limitations and should be considered as part of the claim
`limitation: “wherein each stored data is together
`indicative of a cumulative time the corresponding web
`page was displayed by the user's computer”, which is not
`proposed for construction by either party and should
`receive its plain and ordinary meaning.
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`3
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`Page 3 of 5
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`UNILOC’S PRELIMINARY IDENTIFICATION OF
`SUPPORTING EXTRINSIC EVIDENCE
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`At this time, no extrinsic evidence is necessary. Uniloc reserves the right to rely on the
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`deposition testimony of any witness deposed in this lawsuit, including any expert identified by
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`Defendant. Uniloc also reserves the right to identify additional extrinsic evidence as claim
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`construction proceeds in view of any contentions made or information disclosed by Defendant,
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`including, for example, in rebuttal to Defendant’s claim construction positions and/or extrinsic
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`evidence Defendant may present in support of their proposed claim constructions.
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`Uniloc may also offer expert testimony to rebut the testimony of any experts offered by
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`Defendant in support of its proposed claim constructions of the disputed terms and phrases and
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`any extrinsic evidence relied upon by Uniloc or its experts for those constructions. The expert may
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`rely upon the prosecution history, including any claims under prosecution, the issued claims, the
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`references of record cited, and distinguished during prosecution, and any extrinsic evidence to
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`rebut the constructions proposed by Defendant.
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`Date: September 24, 2019
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` Respectfully submitted,
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`By: /s/ Ryan S. Loveless
`
`
`James L. Etheridge
`Texas Bar No. 24059147
`Ryan S. Loveless
`Texas Bar No. 24036997
`Brett A. Mangrum
`Texas Bar No. 24065671
`Travis L. Richins
` Texas Bar No. 24061296
`Jeff Huang
`Etheridge Law Group, PLLC
`2600 E. Southlake Blvd., Suite 120 / 324
`Southlake, TX 76092
`Tel.: (817) 470-7249
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`4
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`Page 4 of 5
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`Fax: (817) 887-5950
`Jim@EtheridgeLaw.com
`Ryan@EtheridgeLaw.com
`Brett@EtheridgeLaw.com
`Travis@EtheridgeLaw.com
`Jeff@EtheridgeLaw.com
`
`Attorneys for Plaintiff Uniloc 2017, LLC
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`CERTIFICATE OF SERVICE
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`I certify that on September 24, 2019, the foregoing document was served upon all counsel
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`of record via email in accordance with the Federal Rules of Civil Procedure.
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`
`
`/s/ Ryan S. Loveless
`Ryan S. Loveless
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`5
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`Page 5 of 5
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