`FOR THE DISTRICT OF DELAWARE
`
`SHOPIFY INC. AND SHOPIFY (USA), INC.,
`
`Plaintiffs/ Counterclaim
`Defendants
`
`Case No. 1:19-439-RGA
`
`v.
`
`EXPRESS MOBILE, INC.,
`
`Defendant/Counterclaim
`Plaintiff.
`
`ORDER ON CLAIM CONSTRUCTION
`
`The following terms and phrases of the patents shall have the following meanings for the
`
`purposes of this action:
`
`Claim Term
`virtual machine
`
`Patents
`’397 and ’168 patents
`
`Construction
`software that emulates a physical
`machine
`
`run time engine
`
`’397 and ’168 patents
`
`settings
`
`’397 and ’168 patents
`
`multidimensional array
`
`’397 and ’168 patents
`
`vector object
`
`’397 patent
`
`transformation(s)
`
`’397 and ’168 patents
`
`file that is executed at runtime that reads
`information from the database and
`generates commands to display a web
`page or website
`
`attributes of an object available for
`selection
`
`a uniquely identifiable indexed set of
`related elements, wherein each element is
`addressed by a set of two or more
`indices, each index corresponding to a
`dimension of the array
`
`a graphical image defined by line
`segments drawn between specified
`coordinates
`
`change(s) of an object from one state to
`another based on a timer control, subject
`to user settings
`
`1
`
`Page 1 of 4
`
`GOOGLE EXHIBIT 1040
`
`
`
`Claim Term
`database
`
`Patents
`’397 and ’168 patents
`
`internal database
`
`’397 patent
`
`Construction
`an electronic information storage system
`offering data storage and retrieval and
`that stores information on a record-by-
`record basis, each record divided into one
`or more fields
`
`database internal to the build tool and
`distinct from the external database
`
`external database
`
`’397 patent
`
`database external to the build tool
`
`storing information
`representative of said one
`or more user selected
`settings in a database
`
`’397 patent
`
`one or more run time
`files / at least one run
`time file
`
`’397 patent
`
`Application / application
`
`’755, ’287, and ’044
`patents
`
`Storing data in a database, which data
`pertains to one or more attributes of an
`object available for selection by a user
`
`one or more files, including a run time
`engine, that are downloaded or created
`when a browser is pointed to a web page
`or website
`
`device-independent code which contains
`instructions for a device and which is
`separate from the Player”
`
`Player / player
`
`’755, ’287, and ’044
`patents
`
`device-specific code which contains
`instructions for a device and which is
`separate from the Application
`
`device-dependent code
`
`’755 and ’287 patents
`
`device-independent code
`
`’755 and ’287 patents
`
`code that is specific to the operating
`system, programming language, or
`platform of a device
`code that is not specific to the operating
`system, programming language, or
`platform of a device
`
`authoring tool
`
`’755, ’287, and ’044
`patents
`
`a system, with a graphical interface, for
`generating code to display content on a
`device screen
`
`where said Application is
`a device-dependent code
`
`’755 patent
`
`where said Application is a device-
`independent code
`
`2
`
`Page 2 of 4
`
`
`
`Claim Term
`for evoking one or more
`web components
`
`Patents
`’755, ’287, and ’044
`patents
`
`Construction
`for calling up one or more web
`components
`
`preferred UI object
`
`’287 patent
`
`A UI object associated with a data type
`that is favored over the other UI object
`candidates for that data type
`
`MCCARTER & ENGLISH, LLP
`
`DEVLIN LAW FIRM LLC
`
`By: /s/ Daniel M. Silver
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`Renaissance Centre
`405 N. King St., 8th Fl.
`Wilmington, DE 19801
`Tel: (302) 984-6331
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`By: /s/ Timothy Devlin
`Timothy Devlin (No. 4241)
`Robert Kiddie (pro hac vice)
`Texas Bar No. 24060092
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Tel: (302) 449-9010
`tdevlin@devlinlawfirm.com
`rkiddie@devlinlawfirm.com
`
`OF COUNSEL:
`
`OF COUNSEL:
`
`Adam R. Brausa
`Timothy C. Saulsbury
`Vera Ranieri
`Whitney R. O’Byrne
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`(415) 362-6666
`abrausa@durietangri.com
`tsaulsbury@durietangri.com
`vranieri@durietangri.com
`wobyrne@durietangri.com
`
`Attorneys for Plaintiffs/Counterclaim
`Defendants Shopify Inc. and Shopify (USA),
`Inc.
`
`James R. Nuttall (pro hac vice)
`Michael Dockterman (pro hac vice)
`Robert F. Kappers (pro hac vice)
`Tron Fu (pro hac vice)
`Katherine H. Johnson (pro hac vice)
`STEPTOE & JOHNSON LLP
`227 West Monroe, Suite 4700
`Chicago, IL 60606
`(312) 577-1254
`jnuttall@steptoe.com
`mdockterman@steptoe.com
`rkappers@steptoe.com
`tfu@steptoe.com
`kjohnson@steptoe.com
`
`3
`
`Page 3 of 4
`
`
`
`Christopher Suarez (pro hac vice)
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036
`(202) 429-8131
`csuarez@steptoe.com
`
`Attorneys for Defendant/Counterclaim
`Plaintiff Express Mobile, Inc.
`
`30
`June
`SO ORDERED this ___ day of __________________, 2020.
`
`/s/ Richard G. Andrews
`United States District Court Judge
`
`4
`
`Page 4 of 4
`
`
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