IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`INTELLECTUAL VENTURES I LLC,
`INTELLECTUAL VENTURES II LLC,
` Plaintiffs
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`-v-
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`VMWARE, INC.,
` Defendant
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`A-19-CV-01075-ADA
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`CLAIM CONSTRUCTION ORDER
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`The Court held Part I of the Markman hearing on May 14, 2020, during which the Court
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`orally provided the final claim constructions for the terms in U.S. Patent Nos. 7,949,752 and
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`RE43,051. The Court now enters those claim constructions.
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`Agreed constructions
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`Term
`’752 Patent: “agent”
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`Construction
`“a process that occupies a place and that is mobile i.e. can move from
`a first place to a second place”
`’051 Patent: Preamble The preamble is limiting.
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`Disputed constructions
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`No.
`16
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`exhausted
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`Term
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`17
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`consumed
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`service
`18
`19 means for receiving data for
`creating a network-based agent
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`Construction
`“unavailable to be used again at that instant of time,
`but may be available for use at a later instant of
`time”
`Plain and ordinary meaning, which
`includes the word “used” and does not include
`“used up.”
`“network-based functionality”
`Function: receiving data for creating a network-
`based agent
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`20 means for invoking, in response to
`receiving a URL defining a type
`of event and identifying the
`network-based agent, an execution
`of the network-based agent
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`21 means, including the network-
`based agent, for using a service
`and a service resource configured
`to be consumed by the network-
`based agent for performing the
`operation
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`22 means for communicating a result
`of the operation over a network
`communications link
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`23 means for mediating an interaction
`between the means for using the
`service and the service
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`24 means for monitoring an amount
`of the service resource used by the
`network-based agent
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`25 means for allowing a user to
`modify the network-based agent
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`26
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`virtual server
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`Structure: communication line (68) as described
`and depicted in 6:16-27, 14:48-57, 14:26-30, Fig. 3;
`and equivalents
`Function: invoking, in response to receiving a
`URL defining a type of event and identifying the
`network based agent, an execution of the network-
`based agent
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`Structure: agent server (20) as described and
`depicted in 7:47-65, 8:7-13, 18:34-38, Figs. 1, 5;
`and equivalents
`Function: using a service and a service resource
`configured to be consumed by the network-based
`agent for performing the operation
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`Structure: agent (22) as described in 9:31-39,
`8:31-34, 8:39-55, 24:26-63, Figs. 2 and 17; and
`equivalents
`Function: communicating a result of the operation
`over a network communications link
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`Structure: communication line (68) as described
`and depicted in 6:16-27, 14:48-57, 14:26-30, Fig. 3;
`and equivalents
`Function: mediating an interaction between the
`means for using the service and the service
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`Structure: service wrapper (26) as described and
`depicted in 16:22-38, 11:38-49, 16:39-62, Figs. 1
`and 6; and equivalents
`Function: monitoring an amount of the service
`resource used by the network-based agent
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`Structure: monitor as described in 16:50-61 and
`depicted in Fig. 6; and equivalents
`Function: allowing a user to modify the network-
`based agent
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`Structure: network system (2) as described and
`depicted in 9:26-30, 10:12-15, 10:1-7, 19:45-52,
`19:59-64, 20:15-21:26, Fig. 11; and equivalents
`“a software abstraction, or equivalent, of a physical
`server that has the appearance of being a separate,
`dedicated physical server, but reside(s) on a
`physical server and use(s) the physical server’s
`resources”
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`

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`27
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`physical interface(s)
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`Plain and ordinary meaning1
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` 1
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` Should IV assert that the physical interface does
`not comprise hardware, the Court would likely
`grant VMware's motion to strike
`Plain and ordinary meaning
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`Plain and ordinary meaning
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`physical interfaces and “tunnel
`identifiers”
`customer forwarding
`[table/information]
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`28
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`29
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`The Court will enter its memorandum in support of these claim constructions shortly.
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`SIGNED this 10th day of June, 2020.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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