`Sent:
`To:
`
`Cc:
`Subject:
`
`Counselors,
`
`Michael Saulnier <Michael_Saulnier@txwd.uscourts.gov>
`Monday, December 11, 2023 10:52 AM
`Apple-Carbyne-Ropes-Service; Carbyne_Apple; Melissa Smith; Tom Gorham; James Travis
`Underwood
`Kristie Davis
`Preliminary Constructions 1:23-cv-324 Carbyne Biometrics v. Apple
`
`[EXTERNAL]
`
`The Court provides the following preliminary constructions before the 2 PM Markman hearing tomorrow (the
`zoom link is provided again below). Just to note, the opinion on the motion to transfer is forthcoming.
`
`Although the parties may argue for their originally proposed construction, the Court will usually not adopt a
`party’s originally proposed construction over the preliminary construction. Instead, the Court encourages
`arguments that fine‐tune the preliminary constructions. The Court may change some preliminary
`constructions based on the arguments at the hearing.
`
`Of the below terms, please let me know which terms each side would like to argue by noon tomorrow.
`
`To assist our wonderful court reporter (Kristie Davis), please email her a copy of your slides by 9 AM
`tomorrow, even if only a draft. When you email the court reporter, no need to CC the other side or the Court.
`
`If you plan to have any younger associates argue a claim term, please introduce them when you state your
`appearances.
`
`Please let me know if you have any questions.
`
`Court’s Preliminary
`Construction
`
`Plain and Ordinary
`Meaning.
`
`Plaintiff’s
`Proposed
`Construction
`Plain and
`Ordinary
`Meaning
`
`Defendant’s
`Proposed
`Construction
`Plain and
`Ordinary
`Meaning, which
`requires not
`merely being
`capable of being
`configured but
`rather actually
`being configured
`
`Claims
`
`Terms
`
`“configured
`to”
`
`’512 Patent
`Claim Nos.
`1, 6, 11, 15,
`21; ’138
`Patent
`Claim No.
`1; ’105
`Patent
`Claim Nos.
`1, 9; ’010
`Patent
`Claim No.
`1; ’656
`Patent
`
`1
`
`APPL-1026
`APPLE INC. / Page 1 of 3
`
`
`
`“restricted
`interface”
`
`Plain and
`Ordinary
`Meaning
`
`Plain and Ordinary
`Meaning
`
`
`“a physical or
`software
`interface with
`limited
`accessibility”
`
`Plain and ordinary
`meaning.
`
`
`Plain and
`Ordinary
`Meaning
`
`“captur[e/ing] a
`set of biometric
`information,
`wherein
`capturing the set
`of biometric
`information
`comprises
`capturing, using
`a camera, a set of
`photographs”
`
`No
`Construction
`Necessary
`
`Indefinite as a
`Mixed
`System/Method
`Claim
`
`No construction necessary
`
`
`“captur[e/ing]
`a set of
`biometric
`information,
`wherein
`capturing the
`set of
`biometric
`information
`comprises
`capturing,
`using a
`camera, a set
`of images”
`“wherein the
`virtual
`likeness of
`the face was
`selected by
`the account
`holder as part
`of an
`enrollment”
`
`Claim No.
`1; ’886
`Patent
`Claim No. 1
`’512 Patent
`Claim Nos.
`1, 11, 21;
`’138 Patent
`Claim Nos.
`11, 23; ’105
`Patent
`Claim Nos.
`9, 11, 28, 30
`’886 Patent
`Claim Nos.
`1, 6, 11
`
`’886 Patent
`Claim Nos.
`1, 11
`
`
`
`Michael Saulnier
`Law Clerk to the Honorable Alan D Albright
`United States District Court, Western District of Texas
`Non‐Public Zoom:
`
`
`Join ZoomGov Meeting
`https://txwd‐uscourts.zoomgov.com/j/1601902244?pwd=Q202TUVhTU15eUZzNmM5OXlXNVlPQT09
`
`Meeting ID: 160 190 2244
`Password: 873559
`One tap mobile
`+16692545252,,1601902244#,,1#,873559# US (San Jose)
`+16468287666,,1601902244#,,1#,873559# US (New York)
`
`2
`
`APPL-1026
`APPLE INC. / Page 2 of 3
`
`
`
`
`Dial by your location
` +1 669 254 5252 US (San Jose)
` +1 646 828 7666 US (New York)
`Meeting ID: 160 190 2244
`Password: 873559
`Find your local number: https://txwd‐uscourts.zoomgov.com/u/ad0lANMddF
`
`Join by SIP
`1601902244@sip.zoomgov.com
`
`Join by H.323
`161.199.138.10 (US West)
`161.199.136.10 (US East)
`52
`61
`100.140
`Meeting ID: 160 190 2244
`Password: 873559
`
`
`3
`
`APPL-1026
`APPLE INC. / Page 3 of 3
`
`
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