Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 1 of 14 PageID #:
`14257
`
`Defendants’ Markman Presentation
`
`AGIS Software Development LLC v. Samsung Electronics Co., et al.
`CV No. 2:22-cv-00263-JRG-RSP (E.D. Tex.)
`November 3, 2023
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 2 of 14 PageID #:
`14258
`
`“which triggers the forced message alert
`software application program to take
`control of the recipient PDA/cell phone”
`’970 Patent, Claim 10
`
`

`

`’970 Patent: “which triggers the forced message alert software application
`program to take control of the recipient PDA/cell phone” (Claim 10)
`
`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 3 of 14 PageID #:
`14259
`
`AGIS’s Construction
`Plain and ordinary meaning
`
`Samsung’s Construction
`“activates … to lock the display of
`the recipient PDA/cell phone until a
`response is selected from the
`response list”
`
`The ’970 patent and reexamination history make clear that “taking
`control” means locking the phone’s display until a response is selected
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 4 of 14 PageID #:
`14260
`
`Claim 10
`
`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 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 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…
`
`Receiving, acknowledging, and responding to
`a forced message alert from a sender to a
`recipient
`
`Identifying the electronic message as a forced
`message alert
`
`Showing the content of the text message and
`a required response list on the display or
`repeating audibly a voice message and
`showing the required response list on the
`display
`Transmitting a selected required response to
`allow the response list to be cleared, causing
`the forced message alert software to release
`control and stop showing the response list
`
`Dkt. 87-2 (Ex. A, ’970 Patent) at Reexam. Cert. 2:23-3:2
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 5 of 14 PageID #:
`14261
`
`Claim 10
`
`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 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 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…
`
`Receiving, acknowledging, and responding to
`a forced message alert from a sender to a
`recipient
`
`Identifying the electronic message as a forced
`message alert
`
`Showing the content of the text message and
`a required response list on the display or
`repeating audibly a voice message and
`showing the required response list on the
`display
`Transmitting a selected required response to
`allow the response list to be cleared, causing
`the forced message alert software to release
`control and stop showing the response list
`
`Dkt. 87-2 (Ex. A, ’970 Patent) at Reexam. Cert. 2:23-3:2
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 6 of 14 PageID #:
`14262
`
`Claim 10
`
`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 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 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…
`
`Receiving, acknowledging, and responding to
`a forced message alert from a sender to a
`recipient
`
`Identifying the electronic message as a forced
`message alert
`
`Showing the content of the text message and
`a required response list on the display or
`repeating audibly a voice message and
`showing the required response list on the
`display
`Transmitting a selected required response to
`allow the response list to be cleared, causing
`the forced message alert software to release
`control and stop showing the response list
`
`Dkt. 87-2 (Ex. A, ’970 Patent) at Reexam. Cert. 2:23-3:2
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 7 of 14 PageID #:
`14263
`
`Claim 10
`
`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 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 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…
`
`Receiving, acknowledging, and responding to
`a forced message alert from a sender to a
`recipient
`
`Identifying the electronic message as a forced
`message alert
`
`Showing the content of the text message and
`a required response list on the display or
`repeating audibly a voice message and
`showing the required response list on the
`display
`Transmitting a selected required response to
`allow the response list to be cleared, causing
`the forced message alert software to release
`control and stop showing the response list
`
`Dkt. 87-2 (Ex. A, ’970 Patent) at Reexam. Cert. 2:23-3:2
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 8 of 14 PageID #:
`14264
`
`The Forced Message Alert Takes Control of the Display and
`Then Releases Control When the List Is Cleared
`Receiving, acknowledging, and responding to
`a forced message alert from a sender to a
`recipient
`
`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 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 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…
`
`Identifying the electronic message as a forced
`message alert
`activates the forced message alert software to
`lock the display of the recipient PDA/cell phone
`until a response is selected from the response
`list
`Showing the content of the text message and
`a required response list on the display or
`repeating audibly a voice message and
`showing the required response list on the
`display
`Transmitting a selected required response to
`allow the response list to be cleared, causing
`the forced message alert software to release
`control and stop showing the response list
`Dkt. 87-2 (Ex. A, ’970 Patent) at Reexam. Cert. 2:23-3:2
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 9 of 14 PageID #:
`14265
`
`Defendant’s Proposal Tracks the Specification
`’970 Patent
`
`Taking Control of the Display – Until
`the Response Is Selected
`The ’970 patent makes clear
`that the phone display is locked
`until a response is selected
`
`Dkt. 87-2 (Ex. A, ’970 Patent) at 8:37-57
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 10 of 14 PageID #:
`14266
`
`Defendants’ Proposal Is Consistent
`With the Prosecution History
`’970 Patent Reexamination History
`
`Dkt. 97-1 (Ex. 1, ’970 Reexam. History) at 1850
`
`Examiner interprets “taking control” as locking the
`phone’s display until a response is selected from the
`response list in order to clear the list from the display
`
`

`

`AGIS Agreed to “Locking” the Display at the ITC
`
`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 11 of 14 PageID #:
`14267
`
`Complainants’ Opening Claim Construction Brief, EDIS 794911, 37-TA-1347 at 24
`
`

`

`AGIS’s Arguments Are Unavailing:
`Only Embodiment Enabled Is to Lock the Display
`
`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 12 of 14 PageID #:
`14268
`
`Samsung’s Construction
`“activates … to lock the display of
`the recipient PDA/cell phone until a
`response is selected from the
`response list”
`
`Dkt. 87-2 (Ex. A, ’970 Patent) at Fig. 4
`
`

`

`AGIS’s Arguments Are Unavailing:
`Construction Is Not Redundant of the Claim Language
`
`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 13 of 14 PageID #:
`14269
`
`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 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 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…
`
`Samsung’s Construction
`“activates … to lock the display of
`the recipient PDA/cell phone until a
`response is selected from the
`response list”
`
`

`

`Defendants Proposal Would Aid Jury’s Comprehension
`
`Case 2:22-cv-00263-JRG-RSP Document 150-4 Filed 11/03/23 Page 14 of 14 PageID #:
`14270
`
`the complex technology involved here, claim
`“[I]n light of
`construction is appropriate to assist the jury in understanding the
`meaning of the patent claims it will be asked to consider.”
`Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.,
`No. CA 08-309-LPS, 2012 WL 938926, at *6 (D. Del. Mar. 13, 2012)
`
`“The criterion is whether the explanation aids the court and the jury in
`understanding the term as it is used in the claimed invention.”
`Funai Electric Co., Ltd. v. Daewoo Elecs. Corp.,
`616 F.3d 1357, 1366 (Fed. Cir. 2010)
`
`