`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`THE HILLMAN GROUP, INC.,
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`Plaintiff,
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`v.
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`KEYME, LLC,
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`Defendant.
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`Case No. 2:19-cv-00209-JRG
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`JURY TRIAL DEMANDED
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Pursuant to Rule of Practice for Patent Cases P.R. 4-3 and the Court’s First Amended
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`Docket Control Order of January 3, 2020 (D.I. 101), Plaintiff The Hillman Group, Inc. (“Hillman”)
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`and Defendant KeyMe, LLC (“KeyMe”) hereby jointly file this Joint Claim Construction and
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`Prehearing Statement.
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`I.
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`P.R. 4-3(a)(1): AGREED CLAIM CONSTRUCTIONS
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`The parties have agreed on the following claim constructions:
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`Patent
`’474
`
`Claim(s)
`11-19
`
`Claim Term/Element
`“configured to exchange
`communications”
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`Proposed Construction
`“configured to send and
`receive information”
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`II.
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`P.R. 4-3(a)(2): DISPUTED CLAIM CONSTRUCTIONS
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`
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`The chart attached hereto as Appendix A contains the claim terms, phrases, and clauses
`
`that are disputed between the parties.
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`The chart attached hereto as Appendix B contains Hillman’s identification of intrinsic and
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`extrinsic evidence supporting its proposed constructions and/or opposing the proposed
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`constructions of KeyMe.
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`
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`Case 2:19-cv-00209-JRG Document 116 Filed 01/31/20 Page 2 of 4 PageID #: 3217
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`The chart attached hereto as Appendix C contains KeyMe’s identification of intrinsic and
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`extrinsic evidence supporting its proposed constructions and/or opposing the proposed
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`constructions of Hillman.
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`III.
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`P.R. 4-3(a)(3): LENGTH OF CLAIM CONSTRUCTION HEARING
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`
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`The parties propose three hours for the April 24, 2020 claim construction hearing, divided
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`evenly with 90 minutes of presentation per party. The parties believe that this proposal adequately
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`reflects the amount of time necessary to resolve the 28 disputed claim terms, phrases, and clauses
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`between the parties across the three patents-in-suit.
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`IV.
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`P.R. 4-3(a)(4): LIVE WITNESS TESTIMONY
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`The parties currently do not expect to call any live witnesses at the April 24, 2020 claim
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`construction hearing.
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`V.
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`P.R. 4-3(a)(5): OTHER ISSUES
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`Any outstanding issues will be addressed in the parties’ briefing. It is not believed that a
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`prehearing conference is necessary at this time.
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`2
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`Case 2:19-cv-00209-JRG Document 116 Filed 01/31/20 Page 3 of 4 PageID #: 3218
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`Dated: January 31, 2020
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`
`By: _/s/Eric H. Findlay__________________
`Eric H. Findlay (Bar No. 00789886)
`FINDLAY CRAFT, P.C.
`102 North College Avenue, Suite 900
`Tyler, TX 75702
`(903) 534-1100
`(903) 534-1137 (fax)
`efindlay@findlaycraft.com
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`
`Of Counsel:
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`Christopher P. Isaac (pro hac vice)
`Ryan P. O’Quinn (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
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`GARRETT & DUNNER, L.L.P.
`11955 Freedom Drive, Suite 800
`Reston, VA 20190
`(571) 203-2700
`(202) 408-4400 (fax)
`chris.isaac@finnegan.com
`oquinnr@finnegan.com
`
`Gerald F. Ivey (pro hac vice)
`John M. Williamson (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
`
`GARRETT & DUNNER, L.L.P.
`901 New York Avenue, N.W.
`Washington, DC 20001
`(202) 408-4000
`(202) 408-4400 (fax)
`gerald.ivey@finnegan.com
`john.williamson@finnegan.com
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`
`Attorneys for Plaintiff
`The Hillman Group, Inc.
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`
`
`
`
`/s/Rose S. Whelan
`Deron R. Dacus (Bar No. 00790553)
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`(903) 705-1177
`(903) 581-2543 (fax)
`ddacus@dacusfirm.com
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`Of Counsel:
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`Michael G. Rhodes (pro hac vice)
`COOLEY L.L.P.
`101 California Street, 5th Floor
`San Francisco, CA 94111
`(415) 693-2000
`(415) 693-2222 (fax)
`rhodesmg@cooley.com
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`Stephen R. Smith (pro hac vice)
`Rose S. Whelan (pro hac vice)
`Elizabeth C. Shrieves (pro hac vice)
`COOLEY L.L.P.
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`(202) 842-7800
`(202) 842-7899 (fax)
`stephen.smith@cooley.com
`rwhelan@cooley.com
`eshrieves@cooley.com
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`Attorneys for Defendant KeyMe, LLC
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`3
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`Case 2:19-cv-00209-JRG Document 116 Filed 01/31/20 Page 4 of 4 PageID #: 3219
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`CERTIFICATE OF SERVICE
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`This is to certify that on January 31, 2020, the foregoing document was filed electronically
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`in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who
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`are deemed to have consented to electronic service. See Local Rule CV-5(a)(3)(A). Pursuant to
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`Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to
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`have consented to electronic service were served with a true and correct copy of the foregoing
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`document by email on January 31, 2020.
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`/s/ Eric H. Findlay___
`Eric H. Findlay
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