Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 1 of 14 PageID #: 549
`
`THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`STELLAR, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`MOTOROLA SOLUTIONS, INC., and
`WATCHGUARD VIDEO, INC.,
`
`
`Defendants.
`
`MOTOROLA SOLUTIONS, INC., and
`WATCHGUARD VIDEO, INC.,
`
`
`Counterclaim Plaintiffs,
`
`
`
`C.A. No. 4:23-cv-750-SDJ
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`STELLAR, LLC,
`
`
`Counterclaim Defendant.
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`Pursuant to P.R. 4-3, Plaintiff Stellar, LLC (“Stellar” or “Plaintiff”) and Defendants
`
`Motorola Solutions, Inc. (“MSI”) and WatchGuard Video, Inc. (“WatchGuard”) (collectively,
`
`“Defendants”) submit the following Joint Claim Construction and Prehearing Statement.
`
`(1) The construction of those claim terms, phrases, or clauses on which the parties agree
`
`
`The parties have agreed on the following constructions:
`
`Claim Term
`“a local memory functionally
`coupled to the camera”
`
`’034 patent, claim 1
`“a local memory functionally
`coupled to the sensor”
`
`’471 patent, claim 1
`
`
`
`
`Agreed Construction
`“a memory that is distanced less than 20 cm from the
`camera and is coupled to the camera using entirely
`physical connectors”
`
`“a memory that is distanced less than 20 cm from the
`sensor and is coupled to the sensor using entirely
`physical connectors”
`
`1
`
`
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 2 of 14 PageID #: 550
`
`(2) Each party’s proposed claim construction or indefiniteness position for each disputed claim term, phrase, or clause,
`together with an identification of all references from the specification or prosecution history that support that position, and an
`identification of any extrinsic evidence known to the party on which it intends to rely either to support its position or to oppose
`any other party’s position, including, but not limited to, as permitted by law, dictionary definitions, citations to learned
`treatises and prior art, and testimony of percipient and expert witnesses
`
`
`Claim Term to be Construed Stellar Preliminary
`Construction
`
`Stellar Intrinsic and
`Extrinsic Evidence1
`
`Defendants’
`Preliminary
`Construction
`Preamble is limiting.
`
`Defendants’ Intrinsic
`and Extrinsic Evidence 1
`
`Intrinsic Evidence
`’540 Patent, claims 1, 7.
`
`
`
`“A method of storing discrete
`segments of imaged data in a
`camera, comprising”
`
`’540 patent, claim 1
`
`No construction
`necessary.
`
`Plain and ordinary
`meaning and it is not
`necessary for the
`Court to construe the
`term.
`
`
`Intrinsic Evidence
`’540 Patent, 1:64-2:8;
`2:64-3:24, 3:54-65,
`6:15-21 FIGS 1-6
`claims 1, 2, 3, 4, and
`7.
`Intrinsic Evidence
`Same as above.
`
`Indefinite.
`
`Intrinsic Evidence
`’540 Patent, claims 1, 7.
`
`
`
`“A method of storing discrete
`segments of imaged data in a
`camera, comprising: using a
`sensor in the camera to
`capture image data; providing
`a recorder coupled to the
`camera and having a memory;
`using multiple portions of the
`memory as a memory loop in
`which to record segments of
`the image data in
`approximately real time”
`
`’540 patent, claim 1
`
`In addition, Defendants contend that the following claim terms should be governed by 35 U.S.C. § 112(f). Defendants also
` 1 The parties each reserve the right to rely on authorities or evidence cited or identified by the other party.
`
`
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 3 of 14 PageID #: 551
`
`contend that two of the terms are indefinite.
`
`Stellar contends that none of these claim terms are governed by 35 U.S.C. § 112(f) and none are indefinite.
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`“hardware that executes an
`instruction set that utilizes an
`area of the memory as a
`circular buffer”
`
`’752 patent, claim 1
`
`“[hardware that executes an
`instruction set that] records
`the first data stream in the
`buffer”
`
`’752 patent, claim 1
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: utilizing an area of the memory as a
`circular buffer
`
`Structure:
`• FIGS 3A-H, 4 and 5 including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:25-44, 4:64-5:4, 5:35-61, Abstract;
`• Any recording device including a
`processor that runs software to
`accomplish the described function
`
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: recording the first data stream in the
`circular buffer
`
`Structure:
`• FIGS 3A-H, 4 and 5 including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:25-44, 4:64-5:4, 5:35-61, Abstract;
`
`Function: utilizes an area of the memory as a
`circular buffer
`
`Structure: hardware and software programmed
`to perform the circular buffer algorithm
`disclosed at 2:36-39, 4:67-5:1, Figs. 3A-3H,
`3:13-4:45, Fig. 5 (Step 51),
`5:35-40.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`
`Function: records the first data stream in the
`buffer
`
`Structure: hardware and software programmed
`to perform the circular buffer algorithm
`disclosed at 2:36-39, 4:67-5:1, 5:12-14, Fig. 3A,
`3:13-16, Fig. 5 (Step 52), 5:48.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`
`
`
`
`
`3
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 4 of 14 PageID #: 552
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`“[hardware that executes an
`instruction set that] responds
`to a first signal by protecting a
`recently used segment of the
`buffer storing at least a portion
`of the first data stream
`corresponding to a duration of
`time prior to the first signal,
`while at the same time
`continuously recording the
`first data stream as the second
`data stream in an unprotected
`segment of the buffer, without
`overwriting the protected
`segment”
`
`’752 patent, claim 1
`
`“[hardware that executes an
`instruction set that] responds
`to a second signal received
`after the first signal by
`increasing the duration of the
`protected segment of the
`buffer prior to the first signal”
`
`• Any recording device including a
`processor that runs software to
`accomplish the described function
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: responding to a first signal by
`protecting a segment of the buffer
`corresponding to a duration of time prior to the
`first signal, while at the same time continuously
`recording the first data stream as the second
`data stream in an unprotected segment
`
`Structure:
`• FIGS 3A-H, 4 and 5 including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:25-44, 4:64-5:4, 5:35-61, Abstract;
`• Any recording device including a
`processor that runs software to
`accomplish the described function
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: responding to a second signal
`received after the first signal by increasing the
`duration of the protected segment of the buffer
`prior to the first signal
`
`
`Indefinite because no corresponding structure
`for performing the claimed function disclosed in
`the specification.
`
`Function: responding to a first signal by
`protecting a segment of the buffer corresponding
`to a duration of time prior to the first signal,
`while at the same time continuously recording
`the first data stream as the second data stream in
`an unprotected segment
`
`Structure: Not disclosed in specification
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`
`Indefinite because no corresponding structure
`for performing the claimed function disclosed in
`the specification.
`
`Function: responding to a second signal received
`after the first signal by increasing the duration of
`the protected segment of the buffer prior to the
`first signal
`
`
`
`
`
`4
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 5 of 14 PageID #: 553
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`
`’752 patent, claim 1
`
`“a computer processor
`configured to: record the
`sensor data in the first
`memory”
`
`’901 patent, claim 1
`
`Structure:
`• FIGS 3A-H, 4 and 5 including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:25-44, 4:64-5:4, 5:35-61, Abstract;
`• Any recording device including a
`processor that runs software to
`accomplish the described function
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: recording the sensor data in the first
`memory
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:18-3:19, 4:67-5:3, 6:5-21;
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`“[a computer processor
`configured to:] in response to
`a first trigger signal, designate
`for saving a first portion of the
`sensor data that was captured
`prior to occurrence of the first
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: designating for saving in response to
`a first trigger signal a first portion of sensor
`data captured prior to occurrence of the first
`
`
`Structure: Not disclosed in specification
`
`Extrinsic Evidence:
`
`Expert testimony from Dr. Kevin Almeroth
`
`
`Function: record the sensor data in the first
`
`memory
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:33-39, 4:67-5:2, 5:38-
`50, Fig. 3, 7:48-59, Fig. 4A, 7:60-65.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`Function: in response to a first trigger signal,
`designate for saving a first portion of the sensor
`data that was captured prior to occurrence of the
`first trigger signal, wherein the portion of the
`sensor data occupies a portion of the first
`memory that is less than the entirety of the first
`
`
`
`
`
`5
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 6 of 14 PageID #: 554
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`trigger signal, wherein the
`portion of the sensor data
`occupies a portion of the first
`memory that is less than the
`entirety of the first memory
`and corresponds to a length of
`time prior to the first trigger
`signal”
`
`’901 patent, claim 1
`
`“[a computer processor
`configured to:] contiguously
`continuing to record the
`sensor data in the first
`memory while the first portion
`of the sensor data is
`designated for saving”
`
`’901 patent, claim 1
`
`trigger signal, wherein the saved sensor data
`includes data captured prior to the first trigger
`signal and occupies less than the entirety of the
`first memory
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:18-3:19, 4:67-5:3, 6:5-21;
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: contiguously continuing to record the
`sensor data in the first memory while the first
`portion of the sensor data is designated for
`saving
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:18-3:19, 4:67-5:3, 6:5-21;
`
`memory and corresponds to a length of time
`prior to the first trigger signal
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:33-39, 2:46-64, 4:67-
`5:2, 5:38-50, Fig. 4B, 8:9-37, Fig. 4C, 8:52-67,
`9:62-10:5.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`Function: contiguously continuing to record the
`sensor data in the first memory while the first
`portion of the sensor data is designated for
`saving
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:33-39, 2:46-64, 4:67-
`5:2, 5:38-50, Fig. 3, 7:48-59, Fig. 4D, 9:21-26,
`Fig. 4B, 8:9-37, Fig. 4C, 8:52-67, 9:62-10:5.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`
`
`
`
`
`6
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 7 of 14 PageID #: 555
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`“[a computer processor
`configured to:] in response to
`a subsequent second trigger
`signal, designate for saving a
`second portion where in the
`second portion occupies less
`than the remaining entirety of
`the first memory not
`designated for saving and
`corresponds to a length of
`time prior to the second
`trigger signal”
`
`’901 patent, claim 1
`
`“[a computer processor
`configured to:] automatically
`overwrite portions of the
`sensor data that were recorded
`in the first memory that were
`not designated for saving”
`
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: designating for saving in response to
`a second trigger signal a second portion of
`sensor data captured prior to occurrence of the
`second trigger signal, wherein the saved sensor
`data includes data captured prior to the second
`trigger signal and occupies less than the
`remaining entirety of the first memory not
`previously designated for saving
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:18-3:19, 4:67-5:3, 6:5-21;
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: automatically overwriting portions of
`the recorded sensor data not previously
`designated for saving
`
`Expert testimony from Dr. Kevin Almeroth
`
`
`Function: in response to a subsequent second
`trigger signal, designate for saving a second
`portion where in the second portion occupies
`less than the remaining entirety of the first
`memory not designated for saving and
`corresponds to a length of time prior to the
`second trigger signal
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:33-39, 2:46-64, 4:67-
`5:2, 5:38-50, Fig. 4E, 9:48-50, 9:62-10:5.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`Function: automatically overwrite portions of
`the sensor data that were recorded in the first
`memory that were not designated for saving
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`
`
`
`
`
`7
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 8 of 14 PageID #: 556
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`
`’901 patent, claim 1
`
`“a computer processor
`configured to: record sensor
`data obtained by the sensor in
`the at least one memory”
`
`’910 patent, claim 1
`
`“[a computer processor
`configured to:] in response to
`a first trigger signal, designate
`for write-protecting a first
`portion of the sensor data that
`
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:18-3:19, 4:67-5:3, 6:5-21;
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: recording sensor data in the at least
`one memory
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
` 2:21-3:21, 5:1-6, 6:6-22;
`•
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: designating a portion of the memory
`for write-protecting including at least a portion
`
`algorithm disclosed at 2:33-39, 4:67-5:2, 5:38-
`50, Fig. 3, 7:48-59, Fig. 4A, 7:60-65.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`
`Function: record sensor data obtained by the
`sensor in the at least one memory
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:36-42, 5:3-5, 5:40-52,
`Fig. 3, 7:48-59, Fig. 4A, 7:60-65.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`
`Function: in response to a first trigger signal,
`designate for write-protecting a first portion of
`the sensor data that was captured prior to
`occurrence of the first trigger signal, wherein the
`first portion of the sensor data occupies a portion
`
`
`
`
`
`8
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 9 of 14 PageID #: 557
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`was captured prior to
`occurrence of the first trigger
`signal, wherein the first
`portion of the sensor data
`occupies a portion of the at
`least one memory that is less
`than the entirety of the at least
`one memory and corresponds
`to a length of time prior to the
`first trigger signal”
`
`’910 patent, claim 1
`
`captured prior to the trigger signal and a portion
`and which is less than the entirety of the at least
`one memory
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:21-3:21, 5:1-6, 6:6-22;
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`
`
`“[a computer processor
`configured to:] continuing to
`record the sensor data in the at
`least one memory while the
`first portion of the sensor data
`is designated for write-
`protecting”
`
`’910 patent, claim 1
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: continuing to record additional data
`while designating a portion of the memory for
`write-protecting
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:21-3:21, 5:1-6, 6:6-22;
`
`of the at least one memory that is less than the
`entirety of the at least one memory and
`corresponds to a length of time prior to the first
`trigger signal
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:36-42, 2:49-67, 5:3-5,
`5:40-52, Fig. 4B, 8:10-40, Fig. 4C, 8:55-9:3,
`9:65-10:8.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`Function: continuing to record the sensor data in
`the at least one memory while the first portion of
`the sensor data is designated for write-protecting
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:36-42, 2:49-67, 5:3-5,
`5:40-52, Fig. 3, 7:48-59, Fig. 4D, 9:24-29, Fig.
`4B, 8:10-40, Fig. 4C, 8:55-9:3, 9:65-10:8.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`
`
`
`
`
`9
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 10 of 14 PageID #: 558
`
`Claim Elements
`
`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
`
`“[a computer processor
`configured to:] in response to
`a subsequent second trigger
`signal, designate for write-
`protecting a second portion
`wherein the second portion
`occupies less than the
`remaining entirety of the at
`least one memory not
`designated for write-
`protecting and corresponds to
`a length of time prior to the
`second trigger signal”
`
`’910 patent, claim 1
`
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: designating for write protection an
`additional portion of the remaining memory not
`previously designated for write-protecting
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:21-3:21, 5:1-6, 6:6-22;
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`“[a computer processor
`configured to:] upon reaching
`at least one of the first portion
`and the second portion while
`continuing to record the
`sensor data in the at least one
`memory, excluding from
`
`Not subject to 112(f); should the Court
`conclude that the term is subject to 112(f):
`
`Function: excluding from overwriting the at
`least one of the first portion and second portion,
`upon reaching a protected portion in the at least
`one memory
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`
`Function: in response to a subsequent second
`trigger signal, designate for write-protecting a
`second portion wherein the second portion
`occupies less than the remaining entirety of the
`at least one memory not designated for write-
`protecting and corresponds to a length of time
`prior to the second trigger signal
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:36-42, 2:49-67, 5:3-5,
`5:40-52, Fig. 4E, 9:51-53, 9:65-10:8.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
`
`Function: upon reaching at least one of the first
`portion and the second portion while continuing
`to record the sensor data in the at least one
`memory, excluding from overwriting the at least
`one of the first portion and second portion
`
`
`
`
`
`
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`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 11 of 14 PageID #: 559
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`Claim Elements
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`Stellar: Structure(s), Act(s), or Material(s)
`Corresponding to Element
`
`Defendants: Structure(s), Act(s), or
`Material(s) Corresponding to Element
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`overwriting the at least one of
`the first portion and second
`portion”
`
`’910 patent, claim 1
`
`
`Structure:
`• FIGS 1, 3, and 4A-H including
`corresponding descriptions in the
`specification and equivalents thereof;
`• 2:21-3:21, 5:1-6, 6:6-22;
`• A component of a recording device
`including software or hardware that
`accomplishes the functions described
`
`Structure: hardware and/or software
`programmed to perform the circular buffer
`algorithm disclosed at 2:36-42, 5:3-5, 5:40-52,
`Fig. 3, 7:48-59, Fig. 4A, 7:62-65, Fig. 4G, 9:56-
`60.
`
`Other Intrinsic Evidence:
`’540 patent at 5:20-21; 5:28-33.
`
`Extrinsic Evidence:
`Expert testimony from Dr. Kevin Almeroth
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`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 12 of 14 PageID #: 560
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`(3) The anticipated length of time necessary for the Claim Construction Hearing
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`Given the number of issues in dispute, the parties anticipate that three (3) hours are
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`necessary for the Claim Construction Hearing.
`
`(4) The anticipated number of pages for briefing
`
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`Given the number of issues in dispute, the parties propose the following claim construction
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`briefing limits: thirty (30) pages for Stellar’s opening brief, forty (40) pages for Defendants’
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`responsive brief, and ten (10) pages for Stellar’s reply brief.
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`(5) Whether any party proposes to call one or more witnesses, including experts, at the
`Claim Construction Hearing and the identity of each such witness
`
`
`At this time, neither party anticipates calling any live witnesses at the Claim Construction
`
`Hearing.
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`(6) A list of any other issues which might appropriately be taken up at a prehearing
`conference prior to the Claim Construction Hearing, and proposed dates, if not previously
`set, for any such prehearing conference
`
`
`At this time, the parties are not aware of any such issues or need for a prehearing
`
`conference.
`
`
`
`
`Dated: April 16, 2024
`
`
`
`
`/s/Robert Kiddie
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`Robert Kiddie (State Bar No. 24060092)
`rkiddie@devlinlawfirm.com
`James M. Lennon
`jlennon@devlinlawfirm.com
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`
` Respectfully submitted,
`
`
`
`
`
`/s/ Kristina N. Hendricks
` Hilda C. Galvan (State Bar No. 00787512)
`hcgalvan@jonesday.com
`Christopher A. Buxton (State Bar No.
`24116154)
`cbuxton@jonesday.com
`JONES DAY
`2727 N. Harwood St., Suite 500
`Dallas, TX 75201
`Telephone: (214) 220-3939
`Facsimile: (214) 969-5100
`
`John A. Marlott
`
`
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`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 13 of 14 PageID #: 561
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`Attorneys for Plaintiff Stellar, LLC
`
`
`
`jamarlott@jonesday.com
`Kristina N. Hendricks
`khendricks@jonesday.com
`JONES DAY
`110 North Wacker Drive, Suite 4800
`Chicago, IL 60606
`Telephone: (312) 782-3939
`Facsimile: (312) 782-8585
`
`Attorneys for Defendants
`Motorola Solutions, Inc. and
`Watchguard Video, Inc.
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`Case 4:23-cv-00750-SDJ Document 34 Filed 04/16/24 Page 14 of 14 PageID #: 562
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`CERTIFICATE OF SERVICE
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`
`
`I hereby certify that on April 16, 2024, a copy of the foregoing document and any
`
`attachments thereto was filed electronically with the Clerk of Court via CM/ECF system, which
`
`sent notification to all counsel of record.
`
`
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`
`
`/s/ Robert Kiddie
`Robert Kiddie
`
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