`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`CLOUDOFCHANGE, LLC.,
` Plaintiff,
`
`v.
`
`NCR CORPORATION,
` Defendant.
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`
`
`CIVIL NO. 6-19-CV-00513-ADA
`
`
`
`FINAL CLAIM CONSTRUCTIONS OF THE COURT
`
`
`
`The Court provided preliminary constructions on July 8, 2020. The Court held a claim
`
`construction hearing on July 10, 2020, in which the Court heard argument on the following claim
`
`terms: (1) “a web server;” (2) “said web servers are provided as a vendor subscription service1;”
`
`(3) “vendor’s remote servers.” ECF No. 43. After careful consideration of the parties’ briefs, oral
`
`argument, and the applicable law, the Court enters its final constructions for each term as shown
`
`below. The Court will provide a supplemental claim construction order at a later date.
`
`Claim Term
`
`Preamble
`
`Court’s Final Construction
`
`
`
`’640 Patent, Cl. 1-6, 8-14
`
`’012 Patent, Cl. 1-4, 6-13
`“web-based point of sale
`(POS) builder system”
`
`
`
`
`
`
`
`
`“a point of sale (POS) builder system that requires the
`internet”
`
`
`1 During the claim construction hearing, the parties agreed to the construction provided by the Court. See Hr. Tr.
`
`
`
`1
`
`Lightspeed Ex. 1024.1
`
`
`
`Case 6:19-cv-00513-ADA Document 44 Filed 07/10/20 Page 2 of 4
`
`Claim Term
`
`’640 Patent, Cl. 1, 2, 4
`
`’012 Patent, Cl. 1-4, 6-10
`“point of sale terminals”
`
`
`
`
`
`
`Claim Term
`
`’640 Patent, Cl. 1, 4, 8-10, 14
`“POS screens”
`
`
`
`
`
`
`Claim Term
`
`’640 Patent, Cl. 1 (13)
`
`’012 Patent, Cl. 1 (9,13)
`“a web server”
`
`
`
`
`
`
`Claim Term
`
`’640 Patent claim 1
`“PC workstation(s)”
`
`
`
`
`
`
`
`
`
`
`
`
`Court’s Final Construction
`
`
`
`Plain and ordinary meaning
`
`Court’s Final Construction
`
`
`“a POS terminal’s visual display depicting selection
`keys or buttons”
`
`Court’s Final Construction
`
`
`
`“hardware and software that uses HTTP (hypertext
`transfer protocol) to serve data or files that form web
`pages”
`
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning
`
`
`2
`
`Lightspeed Ex. 1024.2
`
`
`
`Case 6:19-cv-00513-ADA Document 44 Filed 07/10/20 Page 3 of 4
`
`Claim Term
`
`’640 Patent Claim 1, ’012
`Patent Claims 1, 6, 7
`“point of sale builder
`software”
`
`
`
`
`Claim Term
`
`’640 Patent Claim 1, ’012
`Patent Claim 1
`’640 Patent Claim 1
`
`“to build or edit said POS
`terminals in real time”
`
`’012 Patent Claim 1
`
`“programmatically creating or
`modifying said one or more
`POS terminals in real time”
`
`
`
`Claim Term
`
`’640 Patent, Cl. 1
`“said web servers are
`provided as a vendor
`subscription service”
`
`
`
`
`
`Claim Term
`
`’640 Patent, Cl. 1
`“web server software”
`
`
`
`
`
`
`
`
`
`Court’s Final Construction
`
`
`
`Plain and ordinary meaning, wherein plain and
`ordinary meaning means “software that builds the POS
`terminals”
`
`Court’s Final Construction
`
`
`
`Plain and ordinary meaning1
`
`
`Footnote not for the jury. The plain and ordinary
`meaning of this term does not include to build or edit
`hardware in real time.
`
`
`Court’s Final Construction
`
`
`“wherein a web server is provided by a vendor to a
`subscriber as a subscription service”
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning
`
`3
`
`Lightspeed Ex. 1024.3
`
`
`
`Case 6:19-cv-00513-ADA Document 44 Filed 07/10/20 Page 4 of 4
`
`Claim Term
`
`’640 Patent, Cl. 1
`“vendor’s remote servers”
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning
`
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning, wherein plain and
`ordinary meaning means “an interface to the POS
`builder software”
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning
`
`
`
`Claim Term
`
`’012 Patent, Cl. 1
`“generated by said POS
`builder software”
`
`
`Claim Term
`
`’012 Patent, Cl. 1-2, 4, 10-12
`“POS builder interface”
`
`
`
`Claim Term
`
`’012 Patent, Cl. 1
`“configured to be utilized to
`access said POS builder
`software for programmatically
`creating or modifying said one
`or more POS terminals in real
`time”
`
`
`
`
`SIGNED this 10th day of July 2020.
`
`
`
`
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`4
`
`Lightspeed Ex. 1024.4
`
`
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