Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 1 of 22 PageID #: 831
`
`Page 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`Plaintiff,
`
`Civil Action No. 4:23-cv-750
`
`STELLAR, LLC,
`
`v.
`
`MOTOROLA SOLUTIONS, INC. and
`WATCHGUARD VIDEO, INC.
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`
`
`JOINT CLAIM CONSTRUCTION CHART
`PURSUANT TO P.R. 4-5(d)
`
`Pursuant to P.R. 4-5(d) and the Scheduling Order (Dkt. 21 at 1), Plaintiff Stellar, LLC
`
`and Defendants Motorola Solutions, Inc. and WatchGuard Video, Inc. jointly submit this Claim
`
`Construction Chart setting forth the Parties’ agreed constructions for certain terms and phrases,
`
`the Parties’ disputed claim terms and phrases, the Parties’ proposed constructions, and a column
`
`for the Court’s construction for the identified terms phrases, or clauses of U.S. Patent Nos.,
`
`7,593,034 (the “’034 patent”) 8,310,540 (the “’540 patent”), 8,928,752 (the “’752 patent”),
`
`9,485,471 (the “’471 patent”), 10,523,901 (the “’901 patent”), and 10,965,910 (the “’910
`
`patent”).1
`
`
`
`
`
`
`
`
`
`
`Also asserted are U.S. Patent Nos. 7,593,034, 8,692,882, and 9,912,914 but the Parties did not
`identify any disputes regarding the terms and phrases of those patents.
`
`Page 1 of 3
`
`
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 2 of 22 PageID #: 832
`
`Disputed Term
`“A surveillance apparatus, comprising:
`a camera having an image capturing
`component that captures images, and a
`converting component that converts the
`images into at least one data stream;
`a local memory functionally coupled
`to the camera;
`a wireless transmitter functionally
`coupled to the local memory;
`a recording facility that continuously
`records the data stream into available
`portions of a circular buffer in the local
`memory as a first file using a digital
`video file format;
`a protecting facility that responds to a
`signal to record by designating a
`segment of the circular buffer as a
`write-protected portion and by indexing
`the write-protected portion as a second
`distinct file in the circular buffer,
`wherein the segment includes a pre-
`recorded subset recorded before the
`signal is received and a post-recorded
`subset to be recorded after the signal is
`received; and
`a sending facility that uses the
`transmitter to wirelessly transmit the
`second file to a remote memory.”
`
`’034 patent, claim 1
`
`
`
`
`
`Plaintiff’s Construction
`[AGREED]
`
`Defendants’ construction
`[AGREED]
`
`Court’s Construction
`“a memory that is
`distanced less than 20 cm
`from the camera and is
`coupled to the camera
`using entirely physical
`connectors”
`
`
`1
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 3 of 22 PageID #: 833
`
`Plaintiff’s Construction
`[AGREED]
`
`Defendants’ construction
`[AGREED]
`
`Court’s Construction
`“a memory that is
`distanced less than 20 cm
`from the sensor and is
`coupled to the sensor using
`entirely physical
`connectors”
`
`Preamble is not limiting and
`therefore no construction is
`necessary.
`
`Preamble is limiting.
`
`
`
`Disputed Term
`“An apparatus, comprising:
`a sensor having a data capturing
`component that captures sensor data;
`a local memory functionally coupled
`to the sensor,
`a recording facility that records the
`sensor data into available portions of a
`buffer in the local memory; and
`a protecting facility that responds to a
`signal to record the sensor data by
`designating a segment of the buffer as a
`write-protected segment and by
`indexing the write protected segment as
`a file in the buffer, wherein the write-
`protected segment includes a pre-
`recorded subset recorded before the
`signal is received and a post recorded
`subset to be recorded after the signal is
`received.”
`
`’471 patent, claim 1
`“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;
`
`
`
`2
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 4 of 22 PageID #: 834
`
`Plaintiff’s Construction
`
`Defendants’ construction
`
`Court’s Construction
`
`Not indefinite. No
`construction necessary.
`
`
`Indefinite.
`
`
`
`Disputed Term
`treating the memory loop as a single
`file;
`protecting the multiple portions, within
`the single file, from being overwritten
`by subsequent recording in the memory
`loop; and
`allowing the editing of the imaged data
`in protected multiple portions stored in
`the memory loop within the single file
`via a recorder control while recording
`additional segments of the image data
`in the memory loop within the single
`file.”
`
`’540 patent, claim 1
`“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;
`treating the memory loop as a single
`file;
`protecting the multiple portions, within
`the single file, from being overwritten
`by subsequent recording in the memory
`loop; and
`
`
`
`3
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 5 of 22 PageID #: 835
`
`Disputed Term
`allowing the editing of the imaged data
`in protected multiple portions stored in
`the memory loop within the single file
`via a recorder control while recording
`additional segments of the image data
`in the memory loop within the single
`file.”
`
`’540 patent, claim 1
`“A surveillance system comprising:
`a camera that converts images into first
`and second data streams;
`a memory; and
`hardware that executes an
`instruction set that utilizes an area of
`the memory as a circular buffer,
`records the first data stream in the
`buffer; 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; and
`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.”
`
`Plaintiff’s Construction
`
`Defendants’ construction
`
`Court’s Construction
`
`
`
`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.
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`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.
`
`
`
`
`4
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 6 of 22 PageID #: 836
`
`Disputed Term
`
`Plaintiff’s Construction
`
`Defendants’ construction
`
`Court’s Construction
`
`
`’752 patent, claim 1
`“A surveillance system comprising:
`a camera that converts images into first
`and second data streams;
`a memory; and
`hardware that executes an
`instruction set that utilizes an area of
`the memory as a circular buffer,
`records the first data stream in the
`buffer; 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; and
`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.”
`
`’752 patent, claim 1
`“A Surveillance system comprising:
`a camera that converts images into first
`and second data streams;
`a memory; and
`hardware that executes an
`instruction set that utilizes an area of
`
`Function: records the first
`data stream in the [circular]
`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.
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`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; Any
`recording device including a
`processor that runs software
`to accomplish the described
`function
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`
`Indefinite because no
`corresponding structure for
`performing the claimed
`function disclosed in the
`specification.
`
`
`
`
`
`
`
`
`5
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 7 of 22 PageID #: 837
`
`Court’s Construction
`
`Disputed Term
`the memory as a circular buffer,
`records the first data stream in the
`buffer; 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;
`and
`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.”
`
`’752 patent, claim 1
`
`“A Surveillance system comprising:
`a camera that converts images into first
`and second data streams;
`a memory; and
`hardware that executes an
`instruction set that utilizes an area of
`the memory as a circular buffer,
`records the first data stream in the
`buffer; responds to a first signal by
`protecting a recently used segment of
`
`Plaintiff’s Construction
`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 governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`Function: responding to a
`second signal received after
`the first signal by increasing
`the duration of the protected
`
`
`
`6
`
`Defendants’ construction
`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: None. No
`corresponding structure
`renders claim 1 indefinite.
`
`
`
`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
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 8 of 22 PageID #: 838
`
`Court’s Construction
`
`Defendants’ construction
`segment of the buffer prior
`to the first signal
`
`Structure: None. No
`corresponding structure
`renders claim 1 indefinite.
`
`
`
`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.
`
`Disputed Term
`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; and
`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.”
`
`’752 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`a pair of eyeglasses having a sensor
`that captures sensor data;
`a first memory communicatively
`coupled with the sensor; and
`a computer processor configured to:
`record the sensor data in the first
`memory;
`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
`memory and corresponds to a length of
`time prior to the first trigger signal;
`
`Plaintiff’s Construction
`segment of the buffer prior to
`the first signal
`
`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 governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`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
`
`
`
`7
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 9 of 22 PageID #: 839
`
`Disputed Term
`contiguously continuing to record the
`sensor data in the first memory while
`the first portion of the sensor data is
`designated for saving;
`in response to a subsequent second
`trigger signal, designate for saving a
`second portion wherein 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; and
`automatically overwrite portions of the
`sensor data that were recorded in the
`first memory that were not designated
`for saving.”
`
`’901 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`a pair of eyeglasses having a sensor
`that captures sensor data;
`a first memory communicatively
`coupled with the sensor; and
`a computer processor configured to:
`record the sensor data in the first
`memory;
`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
`
`Plaintiff’s Construction
`hardware that accomplishes
`the functions described
`
`Defendants’ construction
`
`Court’s Construction
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`Function: designating for
`saving in response to a first
`trigger signal a first portion
`of sensor data captured prior
`to occurrence of the first
`trigger signal, wherein the
`saved sensor data includes
`data captured prior to the
`first trigger signal and
`
`
`
`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 memory and
`corresponds to a length of
`time prior to the first trigger
`signal
`
`
`
`8
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 10 of 22 PageID #: 840
`
`Disputed Term
`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;
`contiguously continuing to record the
`sensor data in the first memory while
`the first portion of the sensor data is
`designated for saving;
`in response to a subsequent second
`trigger signal, designate for saving a
`second portion wherein 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; and
`automatically overwrite portions of the
`sensor data that were recorded in the
`first memory that were not designated
`for saving.”
`
`’901 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`a pair of eyeglasses having a sensor
`that captures sensor data;
`a first memory communicatively
`coupled with the sensor; and
`a computer processor configured to:
`record the sensor data in the first
`memory;
`
`Defendants’ construction
`
`Court’s Construction
`
`
`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.
`
`Plaintiff’s Construction
`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 governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`Function: contiguously
`continuing to record the
`sensor data in the first
`memory while the first
`
`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
`
`
`
`9
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 11 of 22 PageID #: 841
`
`Disputed Term
`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
`memory and corresponds to a length of
`time prior to the first trigger signal;
`contiguously continuing to record the
`sensor data in the first memory while
`the first portion of the sensor data is
`designated for saving;
`in response to a subsequent second
`trigger signal, designate for saving a
`second portion wherein 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; and
`automatically overwrite portions of the
`sensor data that were recorded in the
`first memory that were not designated
`for saving.”
`
`’901 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`a pair of eyeglasses having a sensor
`that captures sensor data;
`
`Court’s Construction
`
`Defendants’ construction
`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.
`
`Plaintiff’s Construction
`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; A
`component of a recording
`device including software or
`hardware that accomplishes
`the functions described
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`
`
`
`Function: in response to a
`subsequent second trigger
`signal, designate for saving
`a second portion where in
`the second portion occupies
`
`
`
`10
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 12 of 22 PageID #: 842
`
`Court’s Construction
`
`Defendants’ construction
`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.
`
`Plaintiff’s Construction
`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
`
`
`Disputed Term
`a first memory communicatively
`coupled with the sensor; and
`a computer processor configured to:
`record the sensor data in the first
`memory;
`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
`memory and corresponds to a length of
`time prior to the first trigger signal;
`contiguously continuing to record the
`sensor data in the first memory while
`the first portion of the sensor data is
`designated for saving;
`in response to a subsequent second
`trigger signal, designate for saving a
`second portion wherein 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; and
`automatically overwrite portions of the
`sensor data that were recorded in the
`first memory that were not designated
`for saving.”
`
`’901 patent, claim 1
`
`
`
`11
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 13 of 22 PageID #: 843
`
`Court’s Construction
`
`
`
`Defendants’ construction
`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
`algorithm disclosed at 2:33-
`39, 4:67-5:2, 5:38-50, Fig.
`3, 7:48-59, Fig. 4A, 7:60-65.
`
`Plaintiff’s Construction
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`Function: automatically
`overwriting portions of the
`recorded sensor data 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
`
`
`Disputed Term
`“A recording system for saving a
`sequence of clips comprising:
`a pair of eyeglasses having a sensor
`that captures sensor data;
`a first memory communicatively
`coupled with the sensor; and
`a computer processor configured to:
`record the sensor data in the first
`memory;
`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
`memory and corresponds to a length of
`time prior to the first trigger signal;
`contiguously continuing to record the
`sensor data in the first memory while
`the first portion of the sensor data is
`designated for saving;
`in response to a subsequent second
`trigger signal, designate for saving a
`second portion wherein 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; and
`automatically overwrite portions of
`the sensor data that were recorded in
`
`
`
`12
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 14 of 22 PageID #: 844
`
`Plaintiff’s Construction
`
`Defendants’ construction
`
`Court’s Construction
`
`
`
`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.
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`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
`
`
`Disputed Term
`the first memory that were not
`designated for saving.”
`
`’901 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`at least one memory communicatively
`coupled with a sensor; and
`a computer processor configured to:
`record sensor data obtained by the
`sensor in the at least one memory;
`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 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;
`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;
`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
`
`
`
`13
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 15 of 22 PageID #: 845
`
`Disputed Term
`of time prior to the second trigger
`signal; and
`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.”
`
`’910 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`at least one memory communicatively
`coupled with a sensor; and
`a computer processor configured to:
`record sensor data obtained by the
`sensor in the at least one memory;
`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 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;
`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;
`
`Plaintiff’s Construction
`
`Defendants’ construction
`
`Court’s Construction
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`Function: designating a
`portion of the memory for
`write-protecting including at
`least a portion 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
`
`
`
`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 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,
`
`
`
`14
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 16 of 22 PageID #: 846
`
`Disputed Term
`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; and
`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.”
`
`’910 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`at least one memory communicatively
`coupled with a sensor; and
`a computer processor configured to:
`record sensor data obtained by the
`sensor in the at least one memory;
`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 of
`the at least one memory that is less than
`the entirety of the at least one memory
`
`Plaintiff’s Construction
`hardware that accomplishes
`the functions described
`
`
`Defendants’ construction
`Fig. 4B, 8:10-40, Fig. 4C,
`8:55-9:3, 9:65-10:8.
`
`Court’s Construction
`
`
`
`Not governed by § 112 ¶ 6;
`should the Court conclude
`that the term is governed by
`§ 112 ¶ 6:
`
`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-
`
`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.
`
`
`
`15
`
`

`

`Case 4:23-cv-00750-SDJ Document 39 Filed 06/10/24 Page 17 of 22 PageID #: 847
`
`Disputed Term
`and corresponds to a length of time
`prior to the first trigger signal;
`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;
`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; and
`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.”
`
`’910 patent, claim 1
`“A recording system for saving a
`sequence of clips comprising:
`at least one memory communicatively
`coupled with a sensor; and
`a computer processor configured to:
`record sensor data obtained by the
`sensor in the at least one memory;
`in response to a first trigger signal,
`designate for write-protecting a first
`
`Defendants’ construction
`
`Cour