`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SYNKLOUD TECHNOLOGIES, LLC,
`
`
`
`Plaintiffs,
`
`
`
`
`
`vs.
`
`ADOBE, INC.,
`
`C.A. No. 6:19-cv-00527-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`Defendant.
`
`
`
`DEFENDANT ADOBE, INC.’S DISCLOSURE OF PROPOSED CONSTRUCTIONS
`
`Pursuant to this Court’s Order Governing Proceedings, Defendant Adobe Inc. (“Adobe”)
`
`discloses its Preliminary Proposed Claim Constructions as follows:
`
`Adobe’s preliminary proposed claim constructions are attached as Exhibit A.
`
`Adobe reserves the right to amend these preliminary constructions as the parties proceed
`
`with the meet and confer process, claim construction briefing, potential claim construction
`
`discovery, and the preparation of a Joint Claim Construction Statement. Adobe also reserves the
`
`right to add to or subtract from the list of proposed claim terms as part of this process. The
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`following terms and preliminary constructions may not be used in any way in any subsequent
`
`claim construction briefing or argument in this case. Nothing herein should be construed as an
`
`admission that Adobe accepts or endorses any construction impliedly or expressly adopted in
`
`Plaintiff’s infringement contentions. In addition, by proposing the below constructions, Adobe
`
`makes no admission that any of the claims of the patents-in-suit are valid and/or infringed, both
`
`of which Adobe expressly denies.
`
`Notwithstanding its submission of these proposed constructions, Adobe reserves the right
`
`
`
`
`1
`
`Adobe - Exhibit 1033, page 1
`
`
`
`
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`to assert defenses under 35 U.S.C. §112 relating to the scope and meaning of the claim terms,
`
`including defenses regarding the indefiniteness, lack of written description, or non-enablement of
`
`certain claim language. Adobe further reserves the right to assert that any proposed
`
`constructions raised by the Plaintiff results in the claims being indefinite, lack a sufficient written
`
`description, or are not enabled under 35 U.S.C. §112.
`
`
`
`
`
`
`
`
`
`
`Dated: May 15, 2020
`
`Respectfully submitted,
`
`
`
`/s/ Eugene Y. Mar
`
`Deron Dacus (Texas Bar No. 00790553)
`The Dacus Firm, P.C.
`821 Ese Loop 323, Suite 430
`Tyler, TX 75701
`Tel.: (903) 705-1117
`Fax: (903) 581-2543
`E-mail: ddacus@dacusfirm.com
`
`
`
`Eugene Y. Mar (admitted pro hac vice)
`emar@fbm.com
`Sushila Chanana (admitted pro hac vice)
`schanana@fbm.com
`Winston Liaw (admitted pro hac vice)
`wliaw@fbm.com
`FARELLA BRAUN + MARTEL LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`Telephone: (415) 954-4400
`Facsimile: (415) 954-4480
`
`Attorneys for Defendant Adobe Inc.
`
`
`
`2
`
`Adobe - Exhibit 1033, page 2
`
`
`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on this 15th day of May 2020, all counsel of record who
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`are deemed to have consented to electronic service are being served with a copy of this document
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`through via electronic mail.
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`
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`
`
`/s/ Ashleigh Nickerson
`Ashleigh Nickerson
`
`_____
`
`
`
`
`3
`
`Adobe - Exhibit 1033, page 3
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`
`
`
`
`1.
`
`Claim Term
`
`“a server”
`
`
`
`EXHIBIT A
`
`Asserted Patent
`
`US 8,606,880
`
`US 8,856,195
`
`US 8,868,690
`
`US 9,219,780
`
`US 9,239,686
`
`US 10,015,254
`
`Proposed Construction
`
`“one server computer”
`
`2.
`
`“wireless device”
`
`US 8,606,880
`
`“a cell phone, PDA, or similar device; not a
`
`US 8,856,195
`
`laptop, desktop, or server computer”
`
`US 8,868,690
`
`US 9,219,780
`
`US 9,239,686
`
`US 10,015,254
`
`3.
`
`“allocate […] a storage space of a
`
`US 8,606,880
`
`“allocate, not simply reserve, […] a defined
`
`predefined capacity”
`
`US 8,856,195
`
`size of real storage space on the server.”
`
`1
`
`Adobe - Exhibit 1033, page 4
`
`
`
`
`
`
`
`US 8,868,690
`
`
`
`“allocating […] a first one of the storage
`
`US 9,239,686
`
`“allocating, not simply reserving, […] a first
`
`spaces of a predefined capacity”
`
`one of the defined sizes of real storage space
`
`
`
`“configured with a storage space of a
`
`on the server.”
`
`
`
`predefined capacity allocated”
`
`“configured with a defined size of real
`
`storage space on the server allocated, not
`
`simply reserved”
`
`4.
`
`“the storing of the data including to
`
`US 9,219,780
`
`“the storing of the data including to
`
`download a file from a remote server
`
`US 9,239,686
`
`download a file from a remote server into the
`
`into the first one of the storage spaces”
`
`US 10,015,254
`
`first one of the storage spaces, with the
`
`
`
`ability to download without going through
`
`“the storing of said data including to
`
`download a file from a remote server
`
`the wireless device”
`
`
`
`across a network into the first one of the
`
`“the storing of said data including to
`
`storage spaces”
`
`download a file from a remote server across a
`
`2
`
`Adobe - Exhibit 1033, page 5
`
`
`
`
`
`
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`network into the first one of the storage
`
`“storing data includes to download a file
`
`spaces, with the ability to download without
`
`from a remote server across a network
`
`going through the wireless device”
`
`into the first one of the storage spaces”
`
`
`
`
`
`“storing data includes to download a file
`
`“the storing data further comprises
`
`from a remote server across a network into
`
`program instructions for the server
`
`the first one of the storage spaces, with the
`
`downloading a file from a remote server
`
`ability to download without going through
`
`across a network into the first one of the
`
`storage spaces”
`
`the wireless device”
`
`
`
`“the storing data further comprises program
`
`instructions for the server downloading a file
`
`from a remote server across a network into
`
`the first one of the storage spaces, with the
`
`ability to download without going through
`
`the wireless device”
`
`3
`
`Adobe - Exhibit 1033, page 6
`
`
`
`
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`5.
`
`“[storing/store]…or
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`US 8,868,690
`
`“[store/storing] . . . and [retrieve/retrieving]”
`
`[retrieving/retrieve]”
`
`US 9,219,780
`
`US 9,239,686
`
`US 10,015,254
`
`
`
`
`
`4
`
`Adobe - Exhibit 1033, page 7
`
`
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