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`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 1 of 115 PageID #:
`5728
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`APPENDIX A: JOINT CLAIM CONSTRUCTION CHART
`
`Pursuant to Local Patent Rule 4-5(d), Plaintiff AGIS Software Development LLC and Defendants T-Mobile USA, Inc., T-Mobile US, Inc.,
`
`Lyft, Inc., and Uber Technologies Inc., d/b/a Uber hereby provide a Joint Claim Construction Chart containing the claim terms and phrases for the
`
`claims for U.S. Patent Nos. 7,630,724; 7,031,728; 8,213,970; 9,408,055; 9,445,251; 9,467,838; 9,749,829; 10,299,100; and 10,341,838. In addition,
`
`the parties hereby identify the claim number(s) where the terms and phrases appear.
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`Plaintiff’s Construction
`
`Defendants’ Construction
`
`Court’s Construction
`
`1. A communication
`system for transmitting,
`receiving, confirming
`receipt, and responding to
`an electronic message,
`comprising: a
`predetermined network of
`participants, wherein each
`participant has a similarly
`equipped PDA/cell phone
`that includes a CPU and a
`touch screen display a
`CPU and memory; a data
`transmission means that
`facilitates the
`transmission of electronic
`files between said
`PDA/cell phones in
`different locations; a
`sender PDA/cell phone
`
`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
`
`
`
`AGREED TERMS
`
`[AGREED]
`
`[AGREED]
`
`1
`
`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”
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 2 of 115 PageID #:
`5729
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`Plaintiff’s Construction
`
`Defendants’ Construction
`
`Court’s Construction
`
`
`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”
`
`2
`
`Term/Patent(s) &
`Claim(s)
`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
`
`’970:1
`
`Claim Language
`
`and at least one recipient
`PDA/cell phone for each
`electronic message; a
`forced message alert
`software application
`program including a list
`of required possible
`responses to be selected
`by a participant recipient
`of a forced message
`response loaded on each
`participating PDA/cell
`phone; 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
`
`
`
`

`

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`5730
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`Plaintiff’s Construction
`
`Defendants’ Construction
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`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`message alert is received
`by the recipient PDA/cell
`phone; 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; 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;
`means for periodically
`resending said forced
`message alert to said
`recipient PDA/cell
`phones that have not
`automatically
`acknowledged the
`forced message alert;
`and means for receiving
`and displaying a listing
`
`
`
`3
`
`

`

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`Plaintiff’s Construction
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`Defendants’ Construction
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`Court’s Construction
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`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`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.
`1. A communication
`system for transmitting,
`receiving, confirming
`receipt, and responding to
`an electronic message,
`comprising:
`a predetermined network
`of participants, wherein
`each participant has a
`similarly equipped
`PDA/cell phone that
`includes a CPU and a
`touch screen display a
`CPU and memory; a data
`transmission means that
`facilitates the
`transmission of electronic
`files between said
`PDA/cell phones in
`different locations; a
`sender PDA/cell phone
`and at least one recipient
`PDA/cell phone for each
`electronic message; a
`forced message alert
`
`
`
`[AGREED]
`
`[AGREED]
`
`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
`
`’970:1
`
`
`Governed by § 112, ¶ 6.
`
`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”
`
`Structure: “a PC or PDA/cell
`phone configured to implement
`the algorithm disclosed in the
`ʼ970 Patent at 8:37-57; and
`equivalents thereof”
`
`4
`
`

`

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`5732
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`Plaintiff’s Construction
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`Defendants’ Construction
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`Court’s Construction
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`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`software application
`program including a list
`of required possible
`responses to be selected
`by a participant recipient
`of a forced message
`response loaded on each
`participating PDA/cell
`phone; 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; means for
`requiring a required
`
`
`
`5
`
`

`

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`5733
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`Plaintiff’s Construction
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`Defendants’ Construction
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`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`manual response from
`the response list by the
`recipient in order to
`clear recipient's
`response list from
`recipient's cell phone
`display; 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; means for
`periodically resending
`said forced message alert
`to said recipient PDA/cell
`phones that have not
`automatically
`acknowledged the forced
`message alert; and 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.
`
`
`
`6
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 7 of 115 PageID #:
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`Plaintiff’s Construction
`
`Defendants’ Construction
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`Court’s Construction
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`[AGREED]
`
`[AGREED]
`
`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”
`
`7
`
`Term/Patent(s) &
`Claim(s)
`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
`
`’970:1
`
`Claim Language
`
`1. A communication
`system for transmitting,
`receiving, confirming
`receipt, and responding to
`an electronic message,
`comprising: a
`predetermined network of
`participants, wherein each
`participant has a similarly
`equipped PDA/cell phone
`that includes a CPU and a
`touch screen display a
`CPU and memory; a data
`transmission means that
`facilitates the
`transmission of electronic
`files between said
`PDA/cell phones in
`different locations; a
`sender PDA/cell phone
`and at least one recipient
`PDA/cell phone for each
`electronic message; a
`forced message alert
`software application
`program including a list
`of required possible
`responses to be selected
`by a participant recipient
`of a forced message
`response loaded on each
`participating PDA/cell
`phone; means for
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 8 of 115 PageID #:
`5735
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`Plaintiff’s Construction
`
`Defendants’ Construction
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`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`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; 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; means for
`receiving and displaying
`a listing of which
`recipient PDA/cell
`
`
`
`8
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 9 of 115 PageID #:
`5736
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`Plaintiff’s Construction
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`Defendants’ Construction
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`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`phones have
`automatically
`acknowledged the
`forced message alert and
`which recipient
`PDA/cell phones have
`not automatically
`acknowledged the
`forced message alert;
`means for periodically
`resending said forced
`message alert to said
`recipient PDA/cell phones
`that have not
`automatically
`acknowledged the forced
`message alert; and 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.
`1. A communication
`system for transmitting,
`receiving, confirming
`receipt, and responding to
`an electronic message,
`comprising: a
`predetermined network of
`
`
`
`means for
`periodically
`resending said
`forced message alert
`to said recipient
`PDA/cell phones
`that have not
`
`[AGREED]
`
`[AGREED]
`
`Governed by § 112, ¶ 6.
`
`Function: “periodically
`resending said forced message
`alert to said recipient PDA/cell
`phones that have not
`
`9
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 10 of 115 PageID #:
`5737
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`Plaintiff’s Construction
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`Defendants’ Construction
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`Court’s Construction
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`automatically acknowledged the
`forced message alert”
`
`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”
`
`
`10
`
`Term/Patent(s) &
`Claim(s)
`automatically
`acknowledged the
`forced message alert
`
`’970:1
`
`Claim Language
`
`participants, wherein each
`participant has a similarly
`equipped PDA/cell phone
`that includes a CPU and a
`touch screen display a
`CPU and memory; a data
`transmission means that
`facilitates the
`transmission of electronic
`files between said
`PDA/cell phones in
`different locations; a
`sender PDA/cell phone
`and at least one recipient
`PDA/cell phone for each
`electronic message; a
`forced message alert
`software application
`program including a list
`of required possible
`responses to be selected
`by a participant recipient
`of a forced message
`response loaded on each
`participating PDA/cell
`phone; 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
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 11 of 115 PageID #:
`5738
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`Plaintiff’s Construction
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`Defendants’ Construction
`
`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`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; 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; 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; means for
`
`
`
`11
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 12 of 115 PageID #:
`5739
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`Plaintiff’s Construction
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`Defendants’ Construction
`
`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`periodically resending
`said forced message
`alert to said recipient
`PDA/cell phones that
`have not automatically
`acknowledged the
`forced message alert;
`and 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.
`2. The system as in claim
`1, wherein the forced
`message alert software
`application program on
`the recipient PDA/cell
`phone includes: 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;
`means for controlling of
`the recipient PDA/cell
`phone upon transmitting
`
`
`
`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*
`
`’970:2
`
`
`[AGREED]
`
`[AGREED]
`
`12
`
`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”
`
`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 wireless transmitter or
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 13 of 115 PageID #:
`5740
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`Plaintiff’s Construction
`
`Defendants’ Construction
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`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`cellular modem; and equivalents
`thereof”
`
`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;
`means for allowing a
`manual response to be
`manually selected from
`the response list or
`manually recorded and
`transmitting said manual
`response to the sender
`PDA/cell phone; and
`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
`
`
`
`13
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 14 of 115 PageID #:
`5741
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`Plaintiff’s Construction
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`Defendants’ Construction
`
`Court’s Construction
`
`Claim Language
`
`Term/Patent(s) &
`Claim(s)
`
`clearing the response list
`from the display of the
`recipient PDA/cell phone
`once the manual response
`is transmitted.
`2. The system as in claim
`1, wherein the forced
`message alert software
`application program on
`the recipient PDA/cell
`phone includes: 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;
`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
`
`
`
`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
`
`[AGREED]
`
`[AGREED]
`
`14
`
`Governed by § 112, ¶ 6.
`
`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”
`
`

`

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`5742
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`Plaintiff’s Construction
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`Claim Language
`
`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; means for
`allowing a manual
`response to be manually
`selected from the
`response list or manually
`recorded and transmitting
`said manual response to
`the sender PDA/cell
`phone; and 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.
`2. The system as in claim
`1, wherein the forced
`message alert software
`application program on
`
`
`
`Defendants’ Construction
`
`Court’s Construction
`
`Term/Patent(s) &
`Claim(s)
`shown on the
`display*
`
`’970:2
`
`
`means for clearing
`the text message and
`a response list from
`the display of the
`
`[AGREED]
`
`[AGREED]
`
`15
`
`Governed by 112, ¶ 6.
`
`Function: “clearing the text
`message and a response list from
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 16 of 115 PageID #:
`5743
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`Plaintiff’s Construction
`
`Defendants’ Construction
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`Court’s Construction
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`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”
`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”
`
`16
`
`Term/Patent(s) &
`Claim(s)
`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*
`
`’970:2
`
`
`Claim Language
`
`the recipient PDA/cell
`phone includes: 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;
`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;
`means for allowing a
`manual response to be
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 17 of 115 PageID #:
`5744
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`Plaintiff’s Construction
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`Term/Patent(s) &
`Claim(s)
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`manually selected from
`the response list or
`manually recorded and
`transmitting said manual
`response to the sender
`PDA/cell phone; and
`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.
`2. The system as in claim
`1, wherein the forced
`message alert software
`application program on
`the recipient PDA/cell
`phone includes: 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;
`means for controlling of
`
`
`
`manual response
`
`’970:2
`
`
`[AGREED]
`
`[AGREED]
`
`recipient-selectable response
`message
`
`17
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`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;
`means for allowing a
`manual response to be
`manually selected from
`the response list or
`manually recorded and
`transmitting said manual
`response to the sender
`PDA/cell phone; and
`means for clearing the
`text message and a
`response list from the
`display of the recipient
`PDA/cell phone or
`
`
`
`18
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`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 19 of 115 PageID #:
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`[a] method of
`receiving,
`acknowledging, and
`responding to a
`forced message alert
`from a sender
`PDA/cell phone to a
`recipient PDA/cell
`phone
`
`’970:10
`
`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.
`10. A method of
`receiving,
`acknowledging and
`responding to a forced
`message alert from a
`sender PDA/cell phone
`to a recipient PDA/cell
`phone, wherein the
`receipt, acknowledgment,
`and response to said
`forced message alert is
`forced by a forced
`message alert software
`application program, said
`method comprising the
`steps of: receiving an
`electronically transmitted
`electronic message;
`identifying said electronic
`message as a forced
`message alert, wherein
`said forced message alert
`comprises of a voice or
`text message and a forced
`message alert application
`software packet, which
`
`
`
`[AGREED]
`
`[AGREED]
`
`Preamble is limiting.
`
`19
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`triggers the activation of
`the forced message alert
`software application
`program within the
`recipient PDA/cell phone;
`transmitting an automatic
`acknowledgment of
`receipt to the sender
`PDA/cell phone, which
`triggers the forced
`message alert software
`application program to
`take control of the
`recipient PDA/cell phone
`and show the content of
`the text message and a
`required response list on
`the display recipient
`PDA/cell phone or to
`repeat audibly the content
`of the voice message on
`the speakers of the
`recipient PDA/cell phone
`and show the required
`response list on the
`display recipient
`PDA/cell phone; and
`transmitting a selected
`required response from
`the response list in order
`to allow the message
`required response list to
`be cleared from the
`
`
`
`20
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`recipient's cell phone
`display, whether said
`selected response is a
`chosen option from the
`response list, causing the
`forced message alert
`software to release control
`of the recipient PDA/cell
`phone and stop showing
`the content of the text
`message and a response
`list on the display
`recipient PDA/cell phone
`and or stop repeating the
`content of the voice
`message on the speakers
`of the recipient PDA/cell
`phone; displaying the
`response received from
`the PDA cell phone that
`transmitted the response
`on the sender of the
`forced alert PDA/cell
`phone; and providing a
`list of the recipient
`PDA/cell phones have
`automatically
`acknowledged receipt of a
`forced alert message and
`their response to the
`forced alert message.
`
`
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`21
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`[AGREED]
`
`[AGREED]
`
`“cellular based (rather than IP-
`based) messages of limited size
`consisting of text and numbers”
`
`22
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`Term/Patent(s) &
`Claim(s)
`SMS / short
`message service
`(SMS) messages
`
`’724:9
`’055:3, 12, 31
`’251:7, 30
`
`Claim Language
`
`’724 Patent
`
`9. A method for
`providing a cellular phone
`communication network
`for designated
`participating users, each
`user having a similarly
`equipped cellular phone
`that includes a CPU, GPS
`navigational system, an
`interact message
`transmitter and receiver
`and a touch screen display
`comprising: accessing a
`database in each cell
`phone that includes a
`geographical map of a
`predetermined area for
`user viewing on the touch
`screen display; accessing
`an application program in
`each cell phone for
`generating one or more
`symbols representative of
`one or more participating
`users, each of whom have
`a similarly equipped
`cellular phone; accessing
`a database in each cell
`phone that includes
`cellular telephone
`numbers of each of the
`
`
`
`

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`participating users having
`similarly equipped
`cellular phones, said
`database including the
`generation of one or more
`symbols associated with a
`particular participating
`user; calling a
`participating user by
`touching the symbol on
`the map display and
`touching a call switch;
`connecting each of the
`cell phones to an internet
`connection; exchanging
`IP addresses using SMS
`or other digital message
`format between and
`among each of the
`network participant users
`so that communications
`between participants is
`established via IP or
`transmission of a network
`participant’s IP address to
`a server which then
`transmits data to other
`network participants
`using the IP address
`previously.
`
`’055 Patent
`
`
`
`
`23
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`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 24 of 115 PageID #:
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`3. The method of claim 1
`wherein the data
`comprises a text message,
`an image, a video, or a
`command to cause the
`second devices
`corresponding to the
`selected symbols to
`convert text to speech.
`
`12. The method of claim
`1, wherein first device
`sends the SMS messages
`and receives the IP-based
`responses via a cellular
`communications network.
`
`31. The system of claim
`28 wherein: the SMS
`messages include an
`Internet Protocol (IP)
`address of the first device;
`and the IP-based
`responses include
`respective IP addresses of
`the second devices.
`
`’251 Patent
`
`7. The method of claim
`1, wherein the message
`from the second device is
`a Short Message Service
`
`
`
`24
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`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 25 of 115 PageID #:
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`establishing a
`cellular phone
`communication
`network for
`designated
`participants
`
`’728:7
`
`(SMS) message or a text
`message.
`
`30. The system of claim
`24, wherein the message
`from the second device is
`a Short Message Service
`(SMS) message or a text
`message.
`
`7. A method of
`establishing a cellular
`phone communication
`network for designated
`participants, each having
`a similarly equipped
`cellular phone that
`includes voice
`communication, free and
`operator selected text
`messages, photograph and
`video, a CPU, a GPS
`navigation system and a
`touch screen display
`comprising the steps of:
`a) generating one or more
`symbols on the touch
`display screen, each
`representing a different
`participant that has a
`cellular phone that
`includes said voice
`communication, free and
`
`
`
`[AGREED]
`
`[AGREED]
`
`Preamble is limiting
`
`25
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`Case 2:21-cv-00072-JRG-RSP Document 171-1 Filed 10/19/21 Page 26 of 115 PageID #:
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`operator selected text
`messages, photograph and
`video, a CPU, said GPS
`system and a touch screen
`display; b) providing and
`storing in each of the
`participant cellular
`phones one or more
`cellular phone telephone
`numbers, each cellular
`phone number of which
`relates to a different
`symbol of each of the
`participants in the
`communication network;
`c) providing initiating
`cellular phone calling
`software in each cellular
`phone that is activated by
`touching a symbol on the
`touch display that
`automatically initiates a
`cellular phone call using
`the stored cellular phone
`number to the participant
`represented by the
`symbol; and d) generating
`a geographical location
`chart on said display
`screen to show the
`geographical location of
`each of the symbols
`representing the
`
`
`
`26
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`Term/Paten