Case 2:21-cv-00072-JRG-RSP Document 124-1 Filed 08/17/21 Page 1 of 6 PageID #: 2985
`Case 2:21-cv-00072-JRG-RSP Document 124-1 Filed 08/17/21 Page 1 of 6 PagelD #: 2985
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`EXHIBIT A
`EXHIBIT A
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`Case 2:21-cv-00072-JRG-RSP Document 124-1 Filed 08/17/21 Page 2 of 6 PageID #: 2986
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`EXHIBIT A – Parties’ Agreed-Upon Constructions
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`Patent Claims
`’970:1
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`No. Claim Term Phrase
`1. means for attaching a forced message
`alert software packet to a voice or text
`message creating a forced message alert
`that is transmitted by said sender
`PDA/cell phone to the recipient PDA/cell
`phone, said forced message alert software
`packet containing a list of possible
`required responses and requiring the
`forced message alert software on said
`recipient PDA/cell phone to transmit an
`automatic acknowledgment to the sender
`PDA/cell phone as soon as said forced
`message alert is received by the recipient
`PDA/cell phone
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`2. means for requiring a required manual
`response from the response list by the
`recipient in order to clear recipient’s
`response list from recipient’s cell phone
`display
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`’970:1
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`1
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`Parties’ Agreed-Upon Construction
`Governed by § 112, ¶ 6.
`
`Function: “attaching a forced message alert
`software packet to a voice or text message
`creating a forced message alert that is
`transmitted by said sender PDA/cell phone
`to the recipient PDA/cell phone, said forced
`message alert software packet containing a
`list of possible required responses and
`requiring the forced message alert software
`on said recipient PDA/cell phone to
`transmit an automatic acknowledgement to
`the sender PDA/cell phone as soon as said
`forced message alert is received by the
`recipient PDA/cell phone”
`
`Structure: “a PC or PDA/cell phone
`configured to implement the algorithm
`disclosed in the ʼ970 Patent at 7:8-8:36; and
`equivalents thereof”
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`Governed by § 112, ¶ 6.
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`Function: “requiring a required manual
`response from the response list by the
`recipient in order to clear recipient’s
`response list from recipient’s cell phone
`display”
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`Case 2:21-cv-00072-JRG-RSP Document 124-1 Filed 08/17/21 Page 3 of 6 PageID #: 2987
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`EXHIBIT A – Parties’ Agreed-Upon Constructions
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`No. Claim Term Phrase
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`Patent Claims
`
`’970:1
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`3. means for receiving and displaying a
`listing of which recipient PDA/cell
`phones have automatically acknowledged
`the forced message alert and which
`recipient PDA/cell phones have not
`automatically acknowledged the forced
`message alert*1
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`4. means for periodically resending said
`forced message alert to said recipient
`PDA/cell phones that have not
`automatically acknowledged the forced
`message alert*
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`’970:1
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`Parties’ Agreed-Upon Construction
`Structure: “a PC or PDA/cell phone
`configured to implement the algorithm
`disclosed in the
`ʼ970 Patent at 8:37-57; and equivalents
`thereof”
`Governed by § 112, ¶ 6.
`
`Function: “receiving and displaying a
`listing of which recipient PDA/cell phones
`have automatically acknowledged the
`forced message alert and which recipient
`PDA/cell phones have not automatically
`acknowledged the forced message alert”
`
`Structure: “PDA/cell phone hardware
`including touch screen 16, and wireless
`transmitter or cellular modem; and
`equivalents thereof”
`Governed by § 112, ¶ 6.
`
`Function: “periodically resending said
`forced message alert to said recipient
`PDA/cell phones that have not
`automatically acknowledged the forced
`message alert”
`
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`1 For terms notated with an asterisk (*), the Parties intend to file a joint motion requesting that the Court adopt the prior construction in
`AGIS Software Dev. LLC v. Google LLC, No. 2:19-cv-00361-JRG, Dkt. 147 (E.D. Tex. Dec. 8, 2020) and that the Court enter into the
`record of this case the applicable portions of the claim construction proceedings in AGIS v. Google so that each Party may preserve its
`rights to appeal the term(s).
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`2
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`Case 2:21-cv-00072-JRG-RSP Document 124-1 Filed 08/17/21 Page 4 of 6 PageID #: 2988
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`EXHIBIT A – Parties’ Agreed-Upon Constructions
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`No. Claim Term Phrase
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`Patent Claims
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`5. means for receiving and displaying a
`listing of which recipient PDA/cell
`phones have transmitted a manual
`response to said forced message alert and
`details the response from each recipient
`PDA/cell phone that responded*
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`’970:1
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`6. means for transmitting the
`acknowledgment of receipt to said sender
`PDA/cell phone immediately upon
`receiving a forced message alert from the
`sender PDA/cell phone*
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`’970:2
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`3
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`Parties’ Agreed-Upon Construction
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`Structure: “a PC or PDA/cell phone
`configured to implement the algorithm
`disclosed in the ʼ970 Patent at 7:64-8:8; and
`equivalents thereof”
`Governed by § 112, ¶ 6.
`
`Function: “receiving and displaying a
`listing of which recipient PDA/cell phones
`have transmitted a manual response to said
`forced message alert and details the
`response from each recipient PDA/cell
`phone that responded”
`
`Structure: “PDA/cell phone hardware
`including touch screen 16, and wireless
`transmitter or cellular modem; and
`equivalents thereof”
`Governed by § 112, ¶ 6.
`
`Function: “transmitting the
`acknowledgement of receipt to said sender
`PDA/cellphone immediately upon receiving
`a forced message alert from the sender
`PDA/cellphone”
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`Structure: “a PC or PDA/cell phone
`configured to implement the algorithm
`disclosed in the ʼ970 Patent at 7:8-8:36 and
`Fig. 4; and equivalents thereof” or “a
`PDA/cell phone hardware including
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`Case 2:21-cv-00072-JRG-RSP Document 124-1 Filed 08/17/21 Page 5 of 6 PageID #: 2989
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`EXHIBIT A – Parties’ Agreed-Upon Constructions
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`No. Claim Term Phrase
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`Patent Claims
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`’970:2
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`7. means for controlling of the recipient
`PDA/cell phone upon transmitting said
`automatic acknowledgment and causing,
`in cases where the force message alert is
`a text message, the text message and a
`response list to be shown on the display
`of the recipient PDA/cell phone or
`causes, in cases where the forced
`message alert is a voice message, the
`voice message being periodically
`repeated by the speakers of the recipient
`PDA/cell phone while said response list
`is shown on the display*
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`’970:2
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`8. means for clearing the text message and a
`response list from the display of the
`recipient PDA/cell phone or stopping the
`repeating voice message and clearing the
`response list from the display of the
`recipient PDA/cell phone once the
`manual response is transmitted*
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`4
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`Parties’ Agreed-Upon Construction
`wireless transmitter or cellular modem; and
`equivalents thereof”
`Governed by § 112, ¶ 6.
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`Function: “controlling of the recipient
`PDA/cellphone upon transmitting said
`automatic acknowledgement and causing, in
`cases where the forced message alert is a
`text message, the text message and a
`response list to be shown on the display of
`the recipient PDA/cellphone or causes, in
`cases where the forced message alert is a
`voice message, the voice message being
`periodically repeated by the speakers of the
`recipient
`PDA/cellphone while said response list is
`shown on the display”
`
`Structure: “PDA/cell phone configured to
`implement the algorithm disclosed in the
`’970 patent at 7:43-63, 8:37-57 and Fig. 4;
`and equivalents thereof”
`Governed by 112, ¶ 6.
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`Function: “clearing the text message and a
`response list from the display of the
`recipient PDA/cell phone or stopping the
`repeating voice message and clearing the
`response list from the display of the
`recipient PDA/cell phone once the manual
`response is transmitted”
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`Case 2:21-cv-00072-JRG-RSP Document 124-1 Filed 08/17/21 Page 6 of 6 PageID #: 2990
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`EXHIBIT A – Parties’ Agreed-Upon Constructions
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`No. Claim Term Phrase
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`Patent Claims
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`Parties’ Agreed-Upon Construction
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`Structure: “a PC or PDA/cell phone
`configured to implement the algorithm
`disclosed in the ʼ970 Patent at 7:17-27,
`8:37-57; and equivalents thereof”
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`5
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