IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`QUANTUM IMAGING LLC
` Plaintiff,
`
`v.
`
`SONY INTERACTIVE
`ENTERTAINMENT INC.; SONY
`INTERACTIVE ENTERTAINMENT
`LLC; AND BLUEPOINT GAMES, INC.,
` Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`NO. 1:23-CV-1212-ADA-DTG
`
`JURY TRIAL DEMANDED
`
`CLAIM CONSTRUCTION ORDER
`
`Before the Court is Defendants’ Opening Claim Construction Brief filed July 7, 2023,
`
`pertaining to U.S. Patent Nos. 8,458,028; 10,255,724; 10,846,941; and 10,991,165. ECF No. 124.
`
`Plaintiff responded to the claim constructions in a brief filed on August 1, 2023. ECF No. 127.
`
`Defendants replied in support of their claim constructions on August 15, 2023. ECF No. 128.
`
`Plaintiff filed a sur-reply brief on August 29, 2023. ECF 129. The Markman hearing was held on
`
`October 10, 2023. ECF No. 142. The Court considered the patent as well as the arguments and
`
`authorities raised by the parties. The Court issues this Order to memorialize the Court’s final claim
`
`construction rulings for the parties, and to inform the parties that the Court will issue a more-
`
`detailed Order explaining its analysis in due course. The deadline to file any objections to the
`
`undersigned’s claim construction rulings (pursuant to Federal Rules of Civil Procedure 59 and 72)
`
`does not begin to run until the more-detailed Order is entered on the docket.
`
`IT IS SO ORDERED.
`
`SIGNED this 20th day of October, 2023.
`
`____________________________________
`DEREK T. GILLILAND
`UNITED STATES MAGISTRATE JUDGE
`
`1
`
`
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`QUANTUM IMAGING LLC
` Plaintiff,
`
`v.
`
`SONY INTERACTIVE
`ENTERTAINMENT INC.; SONY
`INTERACTIVE ENTERTAINMENT
`LLC; AND BLUEPOINT GAMES, INC.,
` Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`NO. 1:23-CV-1212-ADA-DTG
`
`JURY TRIAL DEMANDED
`
`CLAIM CONSTRUCTION ORDER
`
`Before the Court is Defendants’ Opening Claim Construction Brief filed July 7, 2023,
`
`pertaining to U.S. Patent Nos. 8,458,028; 10,255,724; 10,846,941; and 10,991,165. ECF No. 124.
`
`Plaintiff responded to the claim constructions in a brief filed on August 1, 2023. ECF No. 127.
`
`Defendants replied in support of their claim constructions on August 15, 2023. ECF No. 128.
`
`Plaintiff filed a sur-reply brief on August 29, 2023. ECF 129. The Markman hearing was held on
`
`October 10, 2023. ECF No. 142. The Court considered the patent as well as the arguments and
`
`authorities raised by the parties. The Court issues this Order to memorialize the Court’s final claim
`
`construction rulings for the parties, and to inform the parties that the Court will issue a more-
`
`detailed Order explaining its analysis in due course. The deadline to file any objections to the
`
`undersigned’s claim construction rulings (pursuant to Federal Rules of Civil Procedure 59 and 72)
`
`does not begin to run until the more-detailed Order is entered on the docket.
`
`IT IS SO ORDERED.
`
`SIGNED this 20th day of October, 2023.
`
`____________________________________
`DEREK T. GILLILAND
`UNITED STATES MAGISTRATE JUDGE
`
`1
`
`
`
`I.
`
`AGREED TERMS
`
`Term
`No.
`1
`
`2
`
`3
`
`
`
`Claim Term
`
`Patent Nos.
`
`Agreed Construction
`
`“virtual thematic
`environment”
`“graphics user
`interface (GUI)
`module”
`“external
`sources”
`
`(’724, ’941 and
`’165 Patents)
`(’724, ’941 and
`’165 Patents)
`
`(’724 Patent)
`
`“a theme-based virtual computer interface”
`
`“software that provides a graphical display and
`processes user inputs to allow a user to interact with the
`graphical display”
`“sources outside of the clients and servers of the
`claimed computer system”
`
`Court’s Final
`Construction
`As agreed by the parties.
`
`As agreed by the parties.
`
`As agreed by the parties.
`
`II.
`
`DISPUTED TERMS
`
`Term
`No.
`4
`
`Claim Terms:
`
`
`“automatically”
`
`’028 Pat., (cls. 1, 7);
`’724 Pat., (cl. 1)
`
`5
`
`“real-time information”
`
`’941 Pat., (cls. 1, 3, 7, 8, 9, 10, 11,
`23, 25, 26);
`’165 Pat., (cls. 1, 2, 3, 6, 7, 8, 10,
`11, 18)
`
`Plaintiff’s Proposed
`Construction
`Plain and Ordinary
`meaning; no construction
`required.
`
`But if the Court requires
`construction, “in a self-
`acting manner, when
`initially actuated by a
`user”
`Plain and Ordinary
`meaning; no construction
`required.
`
`But if the Court requires
`construction, the
`construction for “real
`time” is: “data
`
`2
`
`Defendants’ Proposed
`Construction
`This term precludes action
`initiated by a user, i.e.,
`“not effected by physical
`operation of the user.”
`
`Court’s Final
`Construction
`Plain and ordinary
`meaning.
`
`
`Plain and ordinary
`meaning. “The plain and
`ordinary meaning of the
`term is that real-time
`information is live
`information; there is no
`real-time information that
`is not live.” (This is the
`
`Plain and ordinary
`meaning, which includes
`but is not limited to live
`information.
`
`
`
`
`6
`
`7
`
`“world wide web”
`
`’165 Pat., (cls. 1, 8, 18)
`
`“virtual thematic environment
`rules”
`
`
`’724 (cl. 1);
`’941 (cls. 1, 23)
`
`Court’s actual
`construction in Barbaro
`Techs., LLC v. Niantic,
`Inc., N.D.Cal. 3:18-cv-
`02955-RS.)
`Plain and ordinary
`meaning, which is: “The
`set of interlinked
`documents or web pages,
`written in HTML
`(Hypertext Markup
`Language), residing on
`servers all around the
`world and identified by
`URLs (Uniform Resource
`Locators), and transmitted
`from server to end user
`under HTTP (Hypertext
`Transfer Protocol).”
`Indefinite
`
`Plain and ordinary
`meaning.
`
`Construed as “rules for the
`virtual thematic
`environment.”
`
`
`communicated without
`any discernible delay”
`
`“an aspect of the internet
`using web-based protocols
`such as HTTP and
`HTTPS.” (The Court’s
`construction in Barbaro
`Technologies, LLC v.
`Niantic, Inc. N.D.Cal.
`3:18-cv-02955-RS.)
`
`Plain and Ordinary
`meaning; no construction
`required, not indefinite.
`
`But if the Court requires
`construction, see previous
`construction for “virtual
`thematic environment”.
`The construction for
`“rules” is: “principles or
`regulations governing
`conditions within an
`environment”
`
`3
`
`
`
`8
`
`9
`
`“thematic/publishing logic
`module”
`
`’724 (cl. 1);
`’941 (cls. 1, 23);
`’165 (cls. 1, 18)
`
`“quantum imaging environment
`(QIE) module”
`
`’724 (cl. 1);
`’941 (cls. 1, 23);
`’165 (cls. 1, 18)
`
`Plain and Ordinary
`meaning; no construction
`required; not subject to 35
`USC 112(6); not
`indefinite.
`However, if the Court
`requires construction,
`“software layer which
`directs other components
`and contains virtual
`thematic environment
`rules”
`“a software layer which
`receives and interprets
`content such that the
`content is manipulated so
`as to be accessible on
`different types of devices
`for use within the virtual
`thematic environment”
`(The Court’s construction
`in Barbaro Technologies,
`LLC v. Niantic, Inc.
`N.D.Cal. 3:18-cv-02955-
`RS)
`
`Not subject to
`interpretation under 35
`U.S.C. § 112, ¶6. Plain
`and ordinary meaning.
`
`Not subject to
`interpretation under 35
`U.S.C. § 112, ¶6. “A
`software layer which
`receives and interprets
`content such that the
`content is manipulated so
`as to be accessible on
`different types of devices
`for use within the virtual
`thematic environment”
`(The Court’s construction
`in Barbaro Technologies,
`LLC v. Niantic, Inc., 3:18-
`cv-02955-RS (N.D. Cal.)).
`
`This term is subject to
`interpretation under 35
`U.S.C. § 112, ¶6. The
`function is, e.g., thematic/
`publishing logic. The
`specification fails to
`describe adequate
`corresponding structure to
`perform this function, and
`thus the term is indefinite.
`
`This term is subject to
`interpretation under 35
`U.S.C. § 112, ¶6. The
`function is e.g., quantum
`imaging environment. The
`corresponding structure
`from the specification is a
`software virtual platform
`that is both part of client
`and server. On the client-
`side, the structure is part
`of a GUI component. On
`the server-side, the
`structure is a 6-tier
`modular / layer system
`fully distributed across the
`internet, the six layers
`including 1) a graphical
`user interface, 2) a
`Thematic/ Publishing
`Logic and a Digital
`
`4
`
`
`
`Content Library, 3) a
`Business Logic, 4) a
`thematic or zone
`application builder and
`interpreter (i.e., a
`Quantum Imaging
`Engine), 5)
`Communications, and 6) a
`Data Storage.
`This term is subject to
`interpretation under 35
`U.S.C. § 112, ¶6. The
`function is providing a
`digital content library. The
`specification fails to
`describe adequate
`corresponding structure to
`perform this function, and
`thus the term is indefinite.
`
`Plain and Ordinary
`meaning; no construction
`required; not subject to 35
`USC 112(6); not
`indefinite. However, if the
`Court requires
`construction, “software
`layer which is a content
`management application
`or database”
`
`Not subject to
`interpretation under 35
`U.S.C. § 112, ¶6. Plain
`and ordinary meaning.
`
`10
`
`“digital content library module”
`
`’724 (cl. 1);
`’941 (cls. 1, 23)
`
`
`
`5
`
`
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