UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CPC PATENT TECHNOLOGIES PTY LTD,
`
`
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
` Defendant.
`
`Case No. 6:21-cv-00165-ADA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF CPC PATENT TECHNOLOGIES PTY LTD.’S
`PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Court’s Scheduling Order (Dkt. No. 37), Plaintiff CPC Patent Technologies
`
`PTY Ltd. (“CPC”) hereby submits the following proposed constructions for those terms identified
`
`by the parties.
`
`1
`
`IPR2022-00602
`Apple EX1072 Page 1
`
`
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CPC PATENT TECHNOLOGIES PTY LTD,
`
`
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
` Defendant.
`
`Case No. 6:21-cv-00165-ADA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF CPC PATENT TECHNOLOGIES PTY LTD.’S
`PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Court’s Scheduling Order (Dkt. No. 37), Plaintiff CPC Patent Technologies
`
`PTY Ltd. (“CPC”) hereby submits the following proposed constructions for those terms identified
`
`by the parties.
`
`1
`
`IPR2022-00602
`Apple EX1072 Page 1
`
`
`
`Term
`
`*dependent upon
`
`biometric signature
`
`enrolling/enrollment
`
`defining,
`for
`means
`upon
`the
`dependent
`received card information,
`a memory location in a
`local memory external to
`the card
`
`means for determining if
`the
`defined memory
`location is unoccupied
`
`means for storing, if the
`memory
`location
`is
`unoccupied, the biometric
`signature at the defined
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`Claim 1, 13, 19 of the ‘039
`Patent; claims 1, 9, 10 of the
`‘208 Patent
`
`Claims 1, 13, 19 of the ‘039
`Patent; claims 1, 9, 11 of the
`‘208 Patent; claims 1, 11, 12,
`14, 15, 17); claims 1, 10, 11
`and 14.
`
`
`Claims 1, 13, 19 of the ‘039
`Patent
`
`Claim 13 of the ‘039 Patent
`
`Plain and ordinary meaning, defined as “contingent on or determined
`(https://www.lexico.com/en/definition/dependent)
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 7, lines 31-35, 39-42, 47-
`48; col. 8, lines 44-46; col. 11, lines 29-37; col. 12, lines 1-9; Fig. 4.
`The means of this limitation literally includes these structures and all
`equivalents thereto.
`
`Claim 13 of the ‘039 Patent
`
`Claim 13 of the ‘039 Patent
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 6, line 65 – col. 9, line 1;
`col. 9, lines 25-37. The means of this limitation literally includes
`these structures and all equivalents thereto.
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 5, lines 13-23 & lines 24-
`31. The means of this limitation literally includes these structures
`and all equivalents thereto.
`
`2
`
`IPR2022-00602
`Apple EX1072 Page 2
`
`
`
`Term
`
`memory location
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`*Determining [determine] Claim 13 of the ‘039 Patent;
`claims 1, 9, 10 of the ‘208
`Patent; claims 11, 14, 17 of the
`‘705 Patent.
`
`Plain and ordinary meaning, defined as “to establish or ascertain
`definitely, as after consideration, investigation, or calculation.”
`https://www.thefreedictionary.com/determining.
`
`*at least one of
`
`*being characterized
`
`*series
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 2 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`/
`transmitter subsystem
`transmitter
`subsystem
`controller
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 2, 4, 9, 10,
`11, 15, 16, 17 of the ‘705
`Patent
`
`receiver
`receiver
`controller
`
`/
`subsystem
`subsystem
`
`Claims 1, 10 of the ‘208
`Patent; claims 1, 9, 11, 15, 17
`of the ‘705 Patent
`
`Plain and ordinary meaning.
`
`
`Plain and ordinary meaning, defined as “to describe the qualities or
`peculiarities of.” https://www.thefreedictionary.com/characterized.
`
`Plain and ordinary meaning, defined as “a number of things or events
`of the same class coming one after the other in spatial or temporal
`succession.” Karlin Technology, Inc. v. Surgical Dynamics, Inc., 177
`F.3d 968, 971 (Fed. Cir. 1999), quoting Webster’s Ninth New
`Collegiate Dictionary 1160 (1986).
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`biometric signal
`
`Claims 1, 2, 9, 10, 11 of the
`‘208 Patent; claims 1, 2, 10,
`
`Plain and ordinary meaning
`
`3
`
`IPR2022-00602
`Apple EX1072 Page 3
`
`
`
`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`biometric signatures
`
`accessibility attribute
`
`secure access signal
`
`characterized
`being
`according to at least one of
`the number of said entries
`and a duration of each said
`entry
`
`instruction/instructions
`
`database
`
`conditional access
`
`11, 12, 14, 15, 16, 17 of the
`‘705 Patent
`
`Claims 1, 9, 11 of the ‘208
`Patent; claims 1, 11, 12, 14,
`15, 17 of the ‘705 Patent
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Claims 1, 9, 10, 13 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 2, 9, 10, 11 of the
`‘208 Patent; claims 1, 2, 4, 10,
`11, 12, 14, 15, 16, 17 of the
`‘705 Patent
`
`Claims 1, 10 of the ‘208
`Patent; claims 1, 11, 14, 15, 17
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`4
`
`IPR2022-00602
`Apple EX1072 Page 4
`
`
`
`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`of the ‘705 Patent
`
`means for matching the
`biometric signal against
`members of the database
`of biometric signatures to
`thereby
`output
`an
`accessibility attribute
`
`for emitting a
`means
`access
`signal
`secure
`conveying
`said
`information
`dependent
`upon
`said accessibility
`attribute
`
`receiving a
`for
`means
`series of entries of the
`biometric signal,
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 8-13, 15-17, 40-
`45 & 47-49; col. 8, line 67 – col. 9, line; see also Fig. 2. The means
`of this limitation literally includes these structures and all equivalents
`thereto.
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 8-13, 18-22, 40-
`45 & 50-54. The means of this limitation literally includes these
`structures and all equivalents thereto.
`
`Claims 1, 9, 10 of the ‘208
`Patent
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 8-14, 25-34 &
`40-46; col. 5, lines 40-65, (biometric sensor 121); see also Fig 2.
`The means of this limitation literally includes these structures and all
`equivalents thereto.
`
`means for mapping said
`series into an instruction
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 25-31 & 37. The
`means of this limitation literally includes these structures and all
`equivalents thereto.
`
`means for populating the
`database according to the
`instruction
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 25-31 & 38-39.
`The means of this limitation literally includes these structures and all
`equivalents thereto.
`
`5
`
`IPR2022-00602
`Apple EX1072 Page 5
`
`
`
`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`means for populating the
`data base of biometric
`signatures
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 25-31 & 38-39.
`The means of this limitation literally includes these structures and all
`equivalents thereto.
`
`means for receiving the
`transmitted secure access
`signal
`
`Claims 1, 10 of the ‘208 Patent Means plus function language pursuant to section 112. Structure
`corresponding to the means is the receiver 118 and structure taught at
`col. 4, lines 55-61. The means of this limitation literally includes
`these structures and all equivalents thereto.
`
`providing
`for
`means
`conditional access to the
`controlled item dependent
`upon [said]
`information
`[in said secure access
`signal]
`
`means for providing a
`signal for directing input
`of the series of entries of
`the biometric signal
`
`means for incorporating
`into
`the secure access
`signal an
`identification
`field
`identifying
`the
`biometric signal
`if
`the
`signal matches a member
`in the database
`
`means for constructing an
`audit trail of biometric
`
`Claims 1, 10 of the ‘208 Patent Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 8-13, 23-24, 55-
`60 & 62-63. The means of this limitation literally includes these
`structures and all equivalents thereto.
`
`Claim 2 of the ‘208 Patent
`
`Claim 2 of the ‘208 Patent
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 11, lines 11-19; col. 13,
`lines 28-47; Fig. 9. The means of this limitation literally includes
`these structures and all equivalents thereto.
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 12, lines 28-33; Fig. 2.
`The means of this limitation literally includes these structures and all
`equivalents thereto.
`
`Claim 2 of the ‘208 Patent
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 12, lines 28-33; Fig. 2.
`
`6
`
`IPR2022-00602
`Apple EX1072 Page 6
`
`
`
`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`signals provided to the
`biometric sensor for the
`purpose of accessing the
`controlled item
`
`for emitting a
`means
`access
`signal
`secure
`capable of granting more
`than two types of access to
`the controlled item
`
`The means of this limitation literally includes these structures and all
`equivalents thereto.
`
`Claim 10 of the ‘208 Patent
`
`Means plus function language pursuant to section 112. Structure
`corresponding to the means is taught at col. 4, lines 8-13, 18-22, 40-
`45 & 50-54. The means of this limitation literally includes these
`structures and all equivalents thereto.
`
`collocated
`
`Claim 9 of the ‘705 Patent
`
`Co-located or located together.
`
`
`
`
`
`
`
`
`
`
`
`7
`
`IPR2022-00602
`Apple EX1072 Page 7
`
`
`
`
`
`Dated: October 27, 2021
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ James A. Shimota -
`James A. Shimota
`(admitted pro hac vice)
`Illinois State Bar No. 6270603
`George C. Summerfield
`(admitted pro hac vice)
`Michigan State Bar No. P40644
`K&L GATES LLP
`70 W. Madison Street, Suite #3300
`Chicago, IL 60602
`Tel.: (312) 807-4299
`Fax: (312) 827-8000
`Jim.Shimota@klgates.com
`George.Summerfield@klgates.com
`
`Stewart Mesher
`Texas State Bar No. 24032738
`K&L GATES LLP
`2801 Via Fortuna, Suite #350
`Austin, TX 78746
`Tel.: (512) 482-6841
`Fax: (512) 482-6859
`Stewart.Mesher@klgates.com
`
`Elizabeth A. Gilman
`Texas State Bar No. 24069265
`K&L GATES LLP
`1000 Main Street, Suite #2550
`Houston, Texas 77002
`Tel.: (713) 815-7327
`Fax: (713) 815-7301
`Beth.Gilman@klgates.com
`
`ATTORNEYS FOR CPC PATENT
`TECHNOLOGIES PTY LTD.
`
`
`8
`
`IPR2022-00602
`Apple EX1072 Page 8
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing has been
`
`served on October 27, 2021, via electronic mail to counsel of record for Defendant at the following
`
`addresses:
`
`Seth M. Sproul (admitted Pro Hac Vice)
`CA Bar No. 217711
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Suite 400
`San Diego, CA 92130
`Telephone: (858) 678-5070
`Facsimile: (858) 678-5099
`sproul@fr.com
`jyang@fr.com
`
`Benjamin C. Elacqua
`TX Bar No. 24055443
`Anthony Van Nguyen (admitted Pro Hac Vice)
`TX Bar No. 24083565
`Kathryn Quisenberry
`TX Bar No. 24105639
`FISH & RICHARDSON P.C.
`1221 McKinney Street, Suite 2800
`Houston, TX 90067
`Telephone: (713) 654-5300
`Facsimile: (713) 652-0109
`elacqua@fr.com
`nguyen@fr.com
`quisenberry@fr.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Betty H. Chen
`TX Bar No. 24056720
`FISH & RICHARDSON P.C.
`500 Arguello St.
`Redwood City, CA 94063
`Telephone: (650) 839-5070
`Facsimile: (650) 839-5071
`bchen@fr.com
`
`J. Stephen Ravel
`TX Bar No. 16584975
`Kelly Ransom
`TX Bar No. 24109427
`KELLY HART & HALLMAN LLP
`303 Colorado, Suite 2000
`Austin, TX 78701
`Telephone: (512) 495-6429
`steve.ravel@kellyhart.com
`kelly.ransom@kellyhart.com
`
`Joy B. Kete (admitted Pro Hac Vice)
`MA Bar No. 694323
`FISH & RICHARDSON P.C.
`One Marina Park
`Boston, MA 02210
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
`kete@fr.com
`
`
`
`/s/ James A. Shimota
`James A. Shimota
`
`
`
`
`
`
`
`
`
`
`9
`
`IPR2022-00602
`Apple EX1072 Page 9
`
`
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