IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`FRIENDLIAI INC.,
`
`Plaintiff,
`
`v.
`
`HUGGING FACE, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 23-816 (MN)
`
`DEFENDANT HUGGING FACE, INC.’S DISCLOSURE OF
`PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Court’s scheduling order, as modified by the Court’s order dated April
`
`11, 2024 and the stipulation entered May 24, 2024, Hugging Face, Inc. (Defendant) discloses
`
`its proposed constructions and indefinite positions for the claim terms/phrases previously
`
`disclosed and identified on May 15, 204 as follows:
`
`1
`
`Petitioner, EX1012
`IPR2024-01234
`Hugging Face, Inc., v. FriendliAI Inc.
`
`
`FOR THE DISTRICT OF DELAWARE
`
`FRIENDLIAI INC.,
`
`Plaintiff,
`
`v.
`
`HUGGING FACE, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 23-816 (MN)
`
`DEFENDANT HUGGING FACE, INC.’S DISCLOSURE OF
`PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Court’s scheduling order, as modified by the Court’s order dated April
`
`11, 2024 and the stipulation entered May 24, 2024, Hugging Face, Inc. (Defendant) discloses
`
`its proposed constructions and indefinite positions for the claim terms/phrases previously
`
`disclosed and identified on May 15, 204 as follows:
`
`1
`
`Petitioner, EX1012
`IPR2024-01234
`Hugging Face, Inc., v. FriendliAI Inc.
`
`
`
`Proposed Construction
`a request different from each of the one or
`more requests of the [first] batch of
`requests
`
`a batch that includes at least one request
`from the [first] batch of requests
`
`physical memory in, or that is a
`component part of, the execution engine
`
`“length” refers to a “number or quantity of
`discrete <units>” for a given context—
`e.g., the number of “tokens” in a sequence,
`such as “a [number or quantity of discrete
`tokens] of the sequence of input tokens for
`the new request is different from a
`[number or quantity of discrete tokens] of
`an input for at least one request”
`
`PROPOSED CONSTRUCTIONS
`
`No
`1
`
`Claim Term/Phrase
`“a new request”
`
`2
`
`3
`
`4
`
`’775 patent, independent claims 1, 10;
`’520 patent, independent claims 1, 11,
`21, 28, 35, 43, 51, 59
`“second batch of requests”
`
`’775 patent, independent claims 1, 10;
`’520 patent, independent claims 1, 11,
`21, 28, 35, 43, 51, 59
`“dedicated cache memory” / “cache
`memory dedicated”
`
`’775 patent, independent claims 3, 5,
`12, 14; ’520 patent, independent claims
`4, 6, 14, 16, 23, 24, 30, 31, 37, 39, 45,
`47, 53, 55, 61, 63
`“a length of the sequence of input
`tokens for the new request is different
`from a length of an input for [the] at
`least one request [other than the new
`request]”
`
`’775 patent, independent claims 1, 10;
`’520 patent, independent claims 1, 11,
`51, 59
`
`“a length of the sequence of input
`tokens for the new request is different
`from a length of another sequence of
`input tokens for the at least one
`request”
`
`’520 patent, independent claims 21, 28
`
`“a [the] length of an internal state for
`the new request is different from a
`length of another internal state for the
`at least one request”
`
`’520 patent, independent claims 35, 43
`
`“a length of the sequence of input
`tokens for the new request is different
`
`2
`
`
`
`No
`
`Claim Term/Phrase
`from a length of the output token for
`the at least one request”
`
`Proposed Construction
`
`’775 patent, dependent claims 4, 13;
`’520 patent, dependent claims 5, 15,
`54, 62
`
`“a length of the key cache tensor for
`the at least one request is different
`from a length of a key cache tensor
`for the new request, and a length of
`the value cache tensor for the at least
`one request is different from a length
`of a value cache tensor for the new
`request”
`
`’775 patent, dependent claims 6, 15;
`’520 patent, dependent claims 7, 17,
`25, 32, 40, 48, 56, 64
`
`3
`
`
`
`INDEFINITE TERMS
`
`No
`1
`
`2
`
`3
`
`4
`
`5
`
`Claim Term/Phrase
`“scheduler”
`’775 patent, claims 1, 7, 10, 16; ’520
`patent, claims 1, 8, 11, 18, 21, 28, 35,
`43, 51, 59
`“at least one batch operation”
`’775 patent, independent claims 1, 10;
`’520 patent, independent claims 1, 11,
`21, 28, 35, 43, 51, 59
`“receiving, by the serving system, a
`new request from a client device”
`’775 patent, independent claims 1, 10;
`’520 Patent, independent claims 1, 11,
`21, 28, 35, 43, 51, 59
`“[scheduled responsive to]
`determining that the execution engine
`has memory available”
`’775 patent, independent claims 1, 10;
`’520 patent, dependent claims 2, 12,
`22, 29, 36, 44, 52, 60
`“second set of inputs”
`’775 patent, independent claims 1, 10;
`’520 patent, independent claims 1, 11,
`21, 28, 35, 43, 51, 59
`
`Proposed Construction
`indefinite
`
`indefinite
`
`indefinite
`
`indefinite
`
`indefinite
`
`The above tables are not intended as an indication that any disclosed/identified claim
`
`term/phrase should have a construction that differs from a plain and ordinary meaning. By not
`
`listing certain claim terms/phrases, Defendant does not concede that any alleged construction or
`
`dictionary definition, if any, proposed by Plaintiff, constitutes or includes the proper
`
`construction of the language as used in the claims. Although Defendant has made a good faith
`
`effort to parse the identified claim terms/phrases in a manner that most efficiently facilitates
`
`claim construction, additional and alternative parsing may be necessary.
`
`Defendant’s proposed claim constructions are based on the limited information and
`
`discovery currently available to it, including Plaintiff’s disclosures to date. Defendant expressly
`
`reserves the right to withdraw, supplement, modify, expand or amend its proposed claim
`
`4
`
`
`
`constructions should the Court subsequently allow Plaintiff to amend its asserted claims to
`
`assert different or additional claims, or to invoke different or additional statutory subsections of
`
`35 U.S.C. § 271.
`
`In addition, fact discovery is in its initial stages and expert discovery has not yet begun.
`
`Accordingly, Defendant reserves the right to withdraw, supplement, modify, expand or amend
`
`its proposed claim constructions based on further investigation, fact or expert discovery, or as a
`
`result of any information disclosed by Plaintiff or any third party, including the disclosure of
`
`any claim construction, infringement, and/or validity position not previously disclosed.
`
`POLSINELLI PC
`
`/s/ Stephen J. Kraftschik
`Stephen J. Kraftschik (#5623)
`222 Delaware Avenue, Suite 1101
`Wilmington, DE 19801
`(302) 252-0920
`skraftschik@polsinelli.com
` Attorneys for Defendant Hugging Face, Inc.
`
`OF COUNSEL:
`
`Jason A. Wietjes
`POLSINELLI PC
`2950 N. Harwood St., Ste. 2100
`Dallas, TX 75201
`Tel.: (214) 661-5519
`jwietjes@polsinelli.com
`
`May 28, 2024
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I caused copies of the foregoing to be served on May 28, 2024, upon
`
`the following in the manner indicated:
`
`David E. Moore
`Bindu A. Palapura
`Andrew L. Brown
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6th Fl.
`1313 N. Market St.
`Wilmington, DE 19801
`Tel.: (302) 984-6000
` Attorneys for Plaintiff FriendliAI Inc.
`
`Michael J. Sacksteder
`Shreyas A. Kale
`Samantha Ong
`FENWICK &WEST LLP
`555 California St., 12th Fl.
`San Francisco, CA 94104
`Tel.: (415) 875-2300
` Attorneys for Plaintiff FriendliAI Inc.
`
`Jessica Kaempf
`FENWICK & WEST LLP
`401 Union St., 5th Fl.
`Seattle, WA 98101
`Tel.: (206) 389-4550
` Attorneys for Plaintiff FriendliAI Inc.
`
`BY ELECTRONIC MAIL
`
`BY ELECTRONIC MAIL
`
`BY ELECTRONIC MAIL
`
`/s/ Stephen J. Kraftschik
`
`Stephen J. Kraftschik (#5623)
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
