Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 1 of 36 PageID #: 534
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Exhibit C
`
`Exhibit C1: Samsung’s Proposed Constructions and Identification of Evidence for the ’033 Patent
`Exhibit C2: Samsung’s Proposed Constructions and Identification of Evidence for the ’922 Patent
`Exhibit C3: Samsung’s Proposed Constructions and Identification of Evidence for the ’678 Patent
`Exhibit C4: Samsung’s Proposed Constructions and Identification of Evidence for the ’085 Patent
`
`
`
`1
`
`
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Exhibit C
`
`Exhibit C1: Samsung’s Proposed Constructions and Identification of Evidence for the ’033 Patent
`Exhibit C2: Samsung’s Proposed Constructions and Identification of Evidence for the ’922 Patent
`Exhibit C3: Samsung’s Proposed Constructions and Identification of Evidence for the ’678 Patent
`Exhibit C4: Samsung’s Proposed Constructions and Identification of Evidence for the ’085 Patent
`
`
`
`1
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 2 of 36 PageID #: 535
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`“gear train”
`
`’033 Patent at 8:29-33.
`
`Exhibit C1: Samsung’s Proposed Constructions and Identification of Evidence for the ’033 Patent
`Term
`Patent/
`Defendants’ Proposed
`Intrinsic Evidence
`Extrinsic Evidence
`Claim(s)
`Construction
`’033 Patent
`A combination of two or more
`
`gears that transmit motion
`Claims 1,
`from one shaft to another.
`16, 17, 18
`
`
`Gear Train, COLLINS
`DICTIONARY (10th ed.
`2009):
`
`“a system of gears that
`transmit power form one
`shaft to another”
`
`Suman Walia, Dictionary
`of Mechanical
`Engineering (2007):
`
`“combination of two or
`more gears used to
`transmit motion between
`two rotating shafts or
`between a shaft and a
`slide”
`
`Gear Train, MCGRAW-
`HILL DICTIONARY OF
`SCIENTIFIC AND
`TECHNICAL TERMS, (6th
`ed. 2003):
`
`“A combination of two or
`more gears used to
`transmit motion between
`two rotating shafts or
`
`
`
`2
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 3 of 36 PageID #: 536
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`between a shaft and a
`slide”
`
`Gear Train, CHAMBERS
`DICTIONARY OF SCIENCE
`AND TECHNOLOGY (2007):
`
`“Two or more GEAR
`WHEELS, transmitting
`motion from one shaft to
`another. With external
`spur or bevel gears, the
`velocity ratio is inversely
`propositional to the
`number of gear teeth.”
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Testimony and CV of Dr.
`Sarrafzadeh will explain
`the technology, the state
`of the art at the time the
`patent application was
`filed, the meaning of
`claim terms or phrases as
`they would be understood
`by those of ordinary skill
`in the art at the time of the
`invention in the context of
`the patent specification
`
`“simulation of a
`mechanical watch
`movement comprising a
`gear train, said simulation
`being visible so as to
`indicate the time”
`
`’033 Patent
`
`Claim 1
`
`A simulation of a mechanical
`watch with a gear train where
`the positions of the internal
`components and the resulting
`time are calculated and
`displayed according to the
`components’ interactions.
`
`‘033 Patent at 3:64-4:6,
`4:27-36, 6:26-41, 7:65-
`8:9, 8:28-56;
`
`
`
`
`3
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 4 of 36 PageID #: 537
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`and other
`intrinsic/extrinsic
`evidence, how those of
`ordinary skill in the art at
`the time of the invention
`would have understood
`statements made by the
`patentee during
`prosecution of the
`applications, and the level
`of ordinary skill in the
`relevant art. Dr.
`Sarrafzadeh may also
`offer a declaration, if
`necessary, to respond to
`Plaintiff’s contentions,
`any expert testimony on
`behalf of Plaintiff, or for
`the Court’s benefit.
`
`Simulation, MERRIAM-
`WEBSTER’S COLLEGIATE
`DICTIONARY (11th ed.
`2003):
`
`“The imitative
`representation of the
`functioning of one system
`or process by means of the
`function of another <a
`computer ~ of an
`industrial process>”
`
`
`
`
`4
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 5 of 36 PageID #: 538
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Simulation, CHAMBERS
`DICTIONARY OF SCIENCE
`AND TECHNOLOGY (2007):
`
`“The representation of
`physical systems and
`phenomena by computers,
`models and other
`equipment.”
`
`Simulate, The IEEE
`Standard Dictionary of
`Electrical and Electronics
`Terms (1996):
`
`Simulate: “(1)
`(computers) To represent
`the function of one system
`by another, for example,
`to represent one computer
`by another, to represent a
`physical system by the
`execution of a computer
`program, to represent a
`biological system by a
`mathematical model. (2)
`(modeling and simulation)
`To represent a system by a
`model that behaves or
`operate like the system.”
`
`
`
`
`
`
`5
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 6 of 36 PageID #: 539
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Simulation, The IEEE
`Standard Dictionary of
`Electrical and Electronics
`Terms (1996):
`
`Simulation: “(2) (A)
`(modeling and simulation)
`(software) A model that
`behaves or operates like a
`given system when
`provided a set of
`controlled inputs.
`Synonym: simulation
`model. See also:
`emulation. (B) (modeling
`and simulation) (software)
`The process of developing
`and using a model as in
`definition (A). . . . (4)
`(mathematical) The use of
`a model of mathematical
`equations generally solved
`by computers to represent
`an actual or proposed
`system.”
`
`Steven M. Kaplan, Wiley
`Electrical and Electronics
`Engineering Dictionary
`(2004).
`
`“1. An imitation, model,
`or other representation of
`
`
`
`6
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 7 of 36 PageID #: 540
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`an object, situation,
`process, feature, manner
`of operation, or the like.
`Such a simulation is
`intended to faithfully
`reproduce the real or
`theoretical objects,
`situations, processes, and
`so on, it is based on, and
`can be used, for instance,
`for analysis, testing, or
`training. 2. The use of a
`computer to imitate an
`object or process.
`Sophisticated software,
`combined with accurate
`input devices, enable a
`computer to respond
`mathematically to factors
`such as changing
`conditions, as if it were
`the object or process
`itself. Such simulations
`may be used to represent
`or emulate almost
`anything, including
`weather conditions or
`biological processes, and
`may be utilized to test
`new theories. Also called
`computer simulation. 3. A
`mathematical model
`which is utilized to
`
`
`
`7
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 8 of 36 PageID #: 541
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`represent a physical
`component, circuit,
`device, piece of
`equipment, system,
`process, or phenomenon.”
`
`Simulation, MCGRAW-
`HILL DICTIONARY OF
`SCIENTIFIC AND
`TECHNICAL TERMS, (6th
`ed. 2003):
`
`“The development and use
`of computer models for
`the study of actual or
`postulated dynamic
`systems.”
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Testimony and CV of Dr.
`Sarrafzadeh will explain
`the technology, the state
`of the art at the time the
`patent application was
`filed, the meaning of
`claim terms or phrases as
`they would be understood
`by those of ordinary skill
`in the art at the time of the
`
`“a simulation of a
`mechanical watch
`movement comprising a
`gear train visible so as to
`indicate the time”
`
`’033 Patent
`
`Claim 16
`
`A simulation of a mechanical
`watch with a gear train where
`the positions of the internal
`components and the resulting
`time are calculated and
`displayed according to the
`components’ interactions.
`
`‘033 Patent at 3:64-4:6,
`4:27-36, 6:26-41, 7:65-
`8:9, 8:28-56;
`
`
`
`
`8
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 9 of 36 PageID #: 542
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`invention in the context of
`the patent specification
`and other
`intrinsic/extrinsic
`evidence, how those of
`ordinary skill in the art at
`the time of the invention
`would have understood
`statements made by the
`patentee during
`prosecution of the
`applications, and the level
`of ordinary skill in the
`relevant art. Dr.
`Sarrafzadeh may also
`offer a declaration, if
`necessary, to respond to
`Plaintiff’s contentions,
`any expert testimony on
`behalf of Plaintiff, or for
`the Court’s benefit.
`
`Simulation, MERRIAM-
`WEBSTER’S COLLEGIATE
`DICTIONARY (11th ed.
`2003):
`
`“The imitative
`representation of the
`functioning of one system
`or process by means of the
`function of another <a
`
`
`
`9
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 10 of 36 PageID #: 543
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`computer ~ of an
`industrial process>”
`
`Simulation, CHAMBERS
`DICTIONARY OF SCIENCE
`AND TECHNOLOGY (2007):
`
`“The representation of
`physical systems and
`phenomena by computers,
`models and other
`equipment.”
`
`Simulate, The IEEE
`Standard Dictionary of
`Electrical and Electronics
`Terms (1996):
`
`Simulate: “(1)
`(computers) To represent
`the function of one system
`by another, for example,
`to represent one computer
`by another, to represent a
`physical system by the
`execution of a computer
`program, to represent a
`biological system by a
`mathematical model. (2)
`(modeling and simulation)
`To represent a system by a
`model that behaves or
`
`
`
`10
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 11 of 36 PageID #: 544
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`operate like the system.”
`
`
`
`Simulation, The IEEE
`Standard Dictionary of
`Electrical and Electronics
`Terms (1996):
`
`Simulation: “(2) (A)
`(modeling and simulation)
`(software) A model that
`behaves or operates like a
`given system when
`provided a set of
`controlled inputs.
`Synonym: simulation
`model. See also:
`emulation. (B) (modeling
`and simulation) (software)
`The process of developing
`and using a model as in
`definition (A). . . . (4)
`(mathematical) The use of
`a model of mathematical
`equations generally solved
`by computers to represent
`an actual or proposed
`system.”
`
`Steven M. Kaplan, Wiley
`Electrical and Electronics
`Engineering Dictionary
`(2004).
`
`
`
`11
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 12 of 36 PageID #: 545
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`
`“1. An imitation, model,
`or other representation of
`an object, situation,
`process, feature, manner
`of operation, or the like.
`Such a simulation is
`intended to faithfully
`reproduce the real or
`theoretical objects,
`situations, processes, and
`so on, it is based on, and
`can be used, for instance,
`for analysis, testing, or
`training. 2. The use of a
`computer to imitate an
`object or process.
`Sophisticated software,
`combined with accurate
`input devices, enable a
`computer to respond
`mathematically to factors
`such as changing
`conditions, as if it were
`the object or process
`itself. Such simulations
`may be used to represent
`or emulate almost
`anything, including
`weather conditions or
`biological processes, and
`may be utilized to test
`new theories. Also called
`
`
`
`12
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 13 of 36 PageID #: 546
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`computer simulation. 3. A
`mathematical model
`which is utilized to
`represent a physical
`component, circuit,
`device, piece of
`equipment, system,
`process, or phenomenon.”
`
`Simulation, MCGRAW-
`HILL DICTIONARY OF
`SCIENTIFIC AND
`TECHNICAL TERMS, (6th
`ed. 2003):
`
`“The development and use
`of computer models for
`the study of actual or
`postulated dynamic
`systems.”
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Testimony and CV of Dr.
`Sarrafzadeh will explain
`the technology, the state
`of the art at the time the
`patent application was
`filed, the meaning of
`claim terms or phrases as
`
`“an electronic display of a
`simulated mechanical
`watch movement
`comprising a gear train and
`of time indicators so as to
`simulate a mechanical
`watch”
`
`’033 Patent
`
`Claim 17
`
`An electronic display of a
`simulation of a mechanical
`watch with a gear train where
`the positions of the internal
`components and the resulting
`time are calculated and
`
`‘033 Patent at 3:64-4:6,
`4:27-36, 6:26-41, 7:65-
`8:9, 8:28-56;
`
`
`
`
`13
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 14 of 36 PageID #: 547
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`displayed according to the
`components’ interactions.
`
`they would be understood
`by those of ordinary skill
`in the art at the time of the
`invention in the context of
`the patent specification
`and other
`intrinsic/extrinsic
`evidence, how those of
`ordinary skill in the art at
`the time of the invention
`would have understood
`statements made by the
`patentee during
`prosecution of the
`applications, and the level
`of ordinary skill in the
`relevant art. Dr.
`Sarrafzadeh may also
`offer a declaration, if
`necessary, to respond to
`Plaintiff’s contentions,
`any expert testimony on
`behalf of Plaintiff, or for
`the Court’s benefit.
`
`Simulation, MERRIAM-
`WEBSTER’S COLLEGIATE
`DICTIONARY (11th ed.
`2003):
`
`“The imitative
`representation of the
`functioning of one system
`
`
`
`14
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 15 of 36 PageID #: 548
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`or process by means of the
`function of another <a
`computer ~ of an
`industrial process>”
`
`Simulation, CHAMBERS
`DICTIONARY OF SCIENCE
`AND TECHNOLOGY (2007):
`
`“The representation of
`physical systems and
`phenomena by computers,
`models and other
`equipment.”
`
`Simulate, The IEEE
`Standard Dictionary of
`Electrical and Electronics
`Terms (1996):
`
`Simulate: “(1)
`(computers) To represent
`the function of one system
`by another, for example,
`to represent one computer
`by another, to represent a
`physical system by the
`execution of a computer
`program, to represent a
`biological system by a
`mathematical model. (2)
`(modeling and simulation)
`To represent a system by a
`
`
`
`15
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 16 of 36 PageID #: 549
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`model that behaves or
`operate like the system.”
`
`
`
`Simulation, The IEEE
`Standard Dictionary of
`Electrical and Electronics
`Terms (1996):
`
`Simulation: “(2) (A)
`(modeling and simulation)
`(software) A model that
`behaves or operates like a
`given system when
`provided a set of
`controlled inputs.
`Synonym: simulation
`model. See also:
`emulation. (B) (modeling
`and simulation) (software)
`The process of developing
`and using a model as in
`definition (A). . . . (4)
`(mathematical) The use of
`a model of mathematical
`equations generally solved
`by computers to represent
`an actual or proposed
`system.”
`
`Steven M. Kaplan, Wiley
`Electrical and Electronics
`
`
`
`16
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 17 of 36 PageID #: 550
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Engineering Dictionary
`(2004).
`
`“1. An imitation, model,
`or other representation of
`an object, situation,
`process, feature, manner
`of operation, or the like.
`Such a simulation is
`intended to faithfully
`reproduce the real or
`theoretical objects,
`situations, processes, and
`so on, it is based on, and
`can be used, for instance,
`for analysis, testing, or
`training. 2. The use of a
`computer to imitate an
`object or process.
`Sophisticated software,
`combined with accurate
`input devices, enable a
`computer to respond
`mathematically to factors
`such as changing
`conditions, as if it were
`the object or process
`itself. Such simulations
`may be used to represent
`or emulate almost
`anything, including
`weather conditions or
`biological processes, and
`
`
`
`17
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 18 of 36 PageID #: 551
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`may be utilized to test
`new theories. Also called
`computer simulation. 3. A
`mathematical model
`which is utilized to
`represent a physical
`component, circuit,
`device, piece of
`equipment, system,
`process, or phenomenon.”
`
`Simulation, MCGRAW-
`HILL DICTIONARY OF
`SCIENTIFIC AND
`TECHNICAL TERMS, (6th
`ed. 2003):
`
`“The development and use
`of computer models for
`the study of actual or
`postulated dynamic
`systems.”
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Ruxu Du and Longhan
`Xie, The Mechanics of
`Mechanical Watches and
`Clocks (2013):
`
`
`“mechanical watch”
`
`’033 Patent
`
`Claims 1,
`16, 17
`
`Watch that keeps time by
`mechanical means
`
`‘033 Patent at 1:21--63,
`3:49-53, 4:21-23, 8:28-49
`
`
`
`
`18
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 19 of 36 PageID #: 552
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Page 2: “From a
`mechanical point of view,
`the mechanical watch and
`clock is a device that keep
`the time using only
`mechanical means. . . .”
`
`Page 5: “Generally
`speaking, a mechanical
`watch is made of five
`parts as shown in Fig. 2.1.
`They are the winding
`mechanism, the power
`storage, the gear train, the
`display and the
`escapement. There are
`two kinds of winding
`mechanisms: manual
`winding and automatic
`winding. The latter is
`usually applied to watches
`and will be discussed in
`Chap. 5. The winding
`mechanism provides
`kinetic energy to drive the
`watch and clock. This
`energy is stored in the
`power storage (the
`mainspring). The energy
`from wounded mainspring
`drives a gear train, which
`usually consists of three
`set of gears: the second
`
`
`
`19
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 20 of 36 PageID #: 553
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`pinion and wheel, the
`third pinion and wheel as
`well as the escape pinion
`and wheel. For
`timekeeping though, the
`brain is the escapement. It
`is the most important and
`most distinctive part of
`the mechanical watch and
`clock.”
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Synchronize, COLLINS
`DICTIONARY (10th ed.
`2009):
`
`“to indicate or cause to
`indicate the same time:
`synchronize your
`watches”
`
`Synchronize, NEW
`OXFORD AMERICAN
`DICTIONARY (3rd ed. 2010)
`
`“adjust (a clock or watch)
`to show the same time as
`another: it is now 5:48.
`Synchronize watches”
`
`“synchronizing the
`displayed time by said
`displayed mechanical
`movement with that of said
`quartz oscillator”
`
`’033 Patent
`
`Claims 1,
`16
`
`Adjusting the displayed time
`of the simulated mechanical
`watch movement to show the
`time determined by the quartz
`oscillator.
`
`‘033 Patent at 3:64-4:6,
`8:39-49
`
`
`
`
`20
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 21 of 36 PageID #: 554
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`“at least one of said
`elements of said
`movement”
`
`’033 Patent
`
`Claim 6
`
`Indefinite due to lack of
`antecedent basis for “said
`elements.”
`
`‘033 Patent at Claim 1,
`Claim 3, Claim 5, and
`Claim 6
`
`
`
`
`21
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Testimony and CV of Dr.
`Sarrafzadeh will explain
`the technology, the state
`of the art at the time the
`patent application was
`filed, the meaning of
`claim terms or phrases as
`they would be understood
`by those of ordinary skill
`in the art at the time of the
`invention in the context of
`the patent specification
`and other
`intrinsic/extrinsic
`evidence, how those of
`ordinary skill in the art at
`the time of the invention
`would have understood
`statements made by the
`patentee during
`prosecution of the
`applications, and the level
`of ordinary skill in the
`relevant art. Dr.
`Sarrafzadeh may also
`offer a declaration, if
`necessary, to respond to
`Plaintiff’s contentions,
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 22 of 36 PageID #: 555
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`any expert testimony on
`behalf of Plaintiff, or for
`the Court’s benefit.
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Testimony and CV of Dr.
`Sarrafzadeh will explain
`the technology, the state
`of the art at the time the
`patent application was
`filed, the meaning of
`claim terms or phrases as
`they would be understood
`by those of ordinary skill
`in the art at the time of the
`invention in the context of
`the patent specification
`and other
`intrinsic/extrinsic
`evidence, how those of
`ordinary skill in the art at
`the time of the invention
`would have understood
`statements made by the
`patentee during
`prosecution of the
`applications, and the level
`of ordinary skill in the
`relevant art. Dr.
`
`‘033 Patent at 3:31-66
`
`
`Mean-plus-function under
`§112, ¶6.
`
`The recited function is
`“modifying the running of
`said displayed regulating
`organ according to the
`accelerations to which the
`watch is subjected.”
`
`For a computer-implemented
`claim limitation, the
`corresponding structure is a
`processor executing the
`algorithm disclosed in the
`specification for performing
`the claimed specific computer
`function, or its equivalents.
`The algorithm is described in
`the specification at 3:31-66:
`(1)
`assigning a virtual
`mass to the regulating organ
`(3:43-45);
`
`22
`
`“means for modifying the
`running of said displayed
`regulating organ according
`to the accelerations to
`which the watch is
`subjected”
`
`’033 Patent
`
`Claim 10
`
`
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 23 of 36 PageID #: 556
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`“means for entering and
`executing a request for said
`synchronization by the
`user”
`
`’033 Patent
`
`Claim 12
`
`calculating the forces
`(2)
`to which the regulating organ
`is subjected according to the
`measured accelerations and
`calculating any change in the
`position of the regulating
`organ due to those forces
`(3:45-47); and
`(3)
`displaying the new
`position of the regulating
`organ (3:47-48).
`
`Mean-plus-function under
`§112, ¶6.
`
`The recited function is
`“entering and executing a
`request for said
`synchronization by the user.”
`
`The corresponding structure is
`“one of the push-buttons 41”
`or “the touch sensor,” or their
`equivalents. 8:44-49.
`
`‘033 Patent at 3:64-4:6,
`8:44-49
`
`Sarrafzadeh may also
`offer a declaration, if
`necessary, to respond to
`Plaintiff’s contentions,
`any expert testimony on
`behalf of Plaintiff, or for
`the Court’s benefit.
`
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`Testimony and CV of Dr.
`Sarrafzadeh will explain
`the technology, the state
`of the art at the time the
`patent application was
`filed, the meaning of
`claim terms or phrases as
`they would be understood
`by those of ordinary skill
`in the art at the time of the
`invention in the context of
`the patent specification
`and other
`intrinsic/extrinsic
`evidence, how those of
`ordinary skill in the art at
`the time of the invention
`would have understood
`
`
`
`23
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 24 of 36 PageID #: 557
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`statements made by the
`patentee during
`prosecution of the
`applications, and the level
`of ordinary skill in the
`relevant art. Dr.
`Sarrafzadeh may also
`offer a declaration, if
`necessary, to respond to
`Plaintiff’s contentions,
`any expert testimony on
`behalf of Plaintiff, or for
`the Court’s benefit.
`
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`
`“Method for displaying
`time in a wristwatch,
`comprising displaying on
`an electronic display of a
`simulated mechanical
`watch movement
`comprising a gear train and
`of time indicators so as to
`simulate a mechanical
`watch”
`
`
`
`
`
`
`
`
`’033 Patent
`
`Claim 17
`
`Limiting.
`
`
`‘033 Patent at Claim 18;
`
`‘033 Patent File History
`at:
`
` Notice of
`Allowance at 6.
`
`24
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 25 of 36 PageID #: 558
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Exhibit C2: Samsung’s Proposed Constructions and Identification of Evidence for the ’922 Patent
`Term
`Patent/
`Defendants’ Proposed
`Intrinsic Evidence
`Extrinsic Evidence
`Claim(s)
`Construction
`’922 Patent
`To scroll more than one card
`
`across the display in response
`Claims 1,
`to one movement of at least
`23
`one finger.
`
`“cause said several
`available cards to scroll
`past”
`
`“scrolling on a digital
`matrix display of several
`available cards”
`
`’922 Patent
`
`Claim 9
`
`Scrolling more than one card
`across the display in response
`to one movement of at least
`one finger.
`
`
`
`25
`
`Defendants reserve the
`right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`
`Defendants reserve the
`right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`
`‘922 Patent at 4:33-37,
`5:1-4, 5:12-14, 7:14-20,
`7:56-67, 8:52-54, 8:60-61,
`9:32-38, 10:16-23;
`
`Claims 1, 9, 23, 24.
`
`‘922 Patent File History
`at:
`
` July 8, 2016 Office
`Action
` December 7, 2016
`Amendment
`
`
`IPR20204-00002 at:
` Paper 7 (POPR) at
`15
`Ex-1035 (Feb. 20, 2024
`Transcript) at 18:14-24
`‘922 Patent at 4:33-37,
`5:1-4, 5:12-14, 7:14-20,
`7:56-67, 8:52-54, 8:60-61,
`9:32-38, 10:16-23;
`
`Claims 1, 9, 23, 24.
`
`‘922 Patent File History
`at:
`
` July 8, 2016 Office
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 26 of 36 PageID #: 559
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Action
` December 7, 2016
`Amendment
`
`
`IPR20204-00002 at:
` Paper 7 (POPR) at
`15
`Ex-1035 (Feb. 20, 2024
`Transcript) at 18:14-24
`‘922 Patent at 4:33-37,
`5:1-4, 5:12-14, 7:14-20,
`7:56-67, 8:52-54, 8:60-61,
`9:32-38, 10:16-23;
`
`Claims 1, 9, 23, 24.
`
`‘922 Patent File History
`at:
`
` July 8, 2016 Office
`Action
` December 7, 2016
`Amendment
`
`
`IPR20204-00002 at:
` Paper 7 (POPR) at
`15
`Ex-1035 (Feb. 20, 2024
`Transcript) at 18:14-24
`‘922 Patent at Claims 9
`
`922 Patent File History at:
` December 31,
`2014 Amendment
`
`Defendants reserve the
`right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`
`Defendants reserve the
`right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`
`“to cause cards to scroll
`past”
`
`’922 Patent
`
`Claim 24
`
`To scroll more than one card
`across the display in response
`to one movement of at least
`one finger.
`
`“A method for replacing an
`initially displayed card
`displayed by a wristwatch
`by a replacement card, the
`
`’922 Patent
`
`Claim 9
`
`Limiting
`
`
`
`26
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 27 of 36 PageID #: 560
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Defendants reserve the
`right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`
` June 3, 2016
`Amendment
` July 8, 2016 Office
`Action
` December 7, 2016
`Amendment
`
`
`‘922 Patent at 1:14-16,
`2:31-6;
`
`Claim 2
`
`
`922 Patent File History at:
` December 31,
`2014 Amendment
` June 3, 2016
`Amendment
` July 8, 2016 Office
`Action
` December 7, 2016
`Amendment
`
`
`
`method having the
`following steps:”
`
`“A wristwatch”
`
`Limiting
`
`’922 Patent
`
`Claims 1,
`23, 24
`
`
`
`
`
`
`
`
`27
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 28 of 36 PageID #: 561
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`Exhibit C3: Samsung’s Proposed Constructions and Identification of Evidence for the ’678 Patent
`Term
`Patent/
`Defendants’ Proposed
`Intrinsic Evidence
`Extrinsic Evidence
`Claim(s)
`Construction
`’678 Patent
`Limiting
`
`Claim 1
`
`Defendants reserve the
`right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`“A method combining
`gesture detection by an
`inertial sensor and gesture
`detection with a touch
`panel for switching a
`wristwatch from a first
`power mode to a second
`power mode, wherein the
`inertial sensor comprises
`an accelerometer and a
`processor and/or other
`processing means, and
`wherein the wristwatch
`comprises a
`microcontroller controlling
`a display of indication on a
`digital matrix
`display of the wristwatch
`and a touch controller for
`interpreting touch signal
`provided by a touch panel
`underneath a cover glass
`and for converting said
`signals into command
`signal”
`“other processing means of
`the inertial sensor for
`discriminating between
`gesture and no gesture
`based on a direction of said
`
`’678 Patent at Abstract,
`1:11-16, 1:39-48, 2:4-
`3:16, 4:27-58, 5:20-36,
`5:40-6:34, 7:40-8:48, 9:3-
`28.
`
`’678 Patent at Figs. 1-6.
`
`’678 Patent at Claims 1, 5,
`6, 7, 8, 9, 10, 12, 13.
`
`’678 File History at:
` 1-14-2016 Office
`Action response
` 9-8-2016 Interview
`Agenda
` 10-7-2016 Request for
`Continued Examination
`IPR2024-0040, Paper 9
`at 9-13 (Patent Owner’s
`Preliminary Response)
`
`
`
`
`
`’678 Patent
`
`Claim 1
`
`Mean-plus-function under
`§112, ¶6.
`
`Function: Discriminating
`between gesture and no
`
`’678 Patent at 1:39-2:12,
`2:16-3:16, 5:40-8:25,
`8:57-9:29, 10:28-57.
`
`
`Testimony and CV of Dr.
`Sarrafzadeh will explain
`the technology, the state
`of the art at the time the
`patent application was
`
`
`
`28
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 29 of 36 PageID #: 562
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`acceleration signal and on
`a slope or frequency of said
`acceleration signal as
`measured by said
`accelerometer being a three
`dimensional
`accelerometer”
`
`gesture based on a direction
`of said acceleration signal and
`on a slope or frequency of
`said acceleration signal as
`measured by said
`accelerometer being a three
`dimensional accelerometer
`
`Structure: None/Indefinite
`
`
`
`
`29
`
`’678 Patent at Claims 1,
`14.
`
`’678 Patent at Figs. 2-6.
`
`’678 File History at:
` 9-8-2016 Interview
`Agenda
` 10-7-2016 Request for
`Continued Examination
`IPR2024-0040, Paper
`12 at 11-12 (Decision
`Denying Institution)
`
`
`
`
`
`filed, the meaning of
`claim terms or phrases as
`they would be understood
`by those of ordinary skill
`in the art at the time of the
`invention in the context of
`the patent specification
`and other
`intrinsic/extrinsic
`evidence, how those of
`ordinary skill in the art at
`the time of the invention
`would have understood
`statements made by the
`patentee during
`prosecution of the
`applications, and the level
`of ordinary skill in the
`relevant art. Dr.
`Sarrafzadeh may also
`offer a declaration, if
`necessary, to respond to
`Plaintiff’s contentions,
`any expert testimony on
`behalf of Plaintiff, or for
`the Court’s benefit.
`
`Defendants further reserve
`the right to rely on any
`extrinsic evidence
`produced by Plaintiff.
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 66-3 Filed 05/24/24 Page 30 of 36 PageID #: 563
`
`EXHIBIT C – Samsung’s Proposed Constructions and Identification of Evidence
`
`’678 Patent
`
`Claim 14
`
`“other processing means
`being arranged for
`discriminating between
`gesture and no gesture
`based on a direction of said
`acceleration signal as
`measured by said
`accelerometer being a three
`dimensional accelerometer,
`and on a slope or frequency
`of said acceleration signal,
`while the microcontroller
`and the touch controller are
`in a sleep power mode”
`
`Mean-plus-function under
`§112, ¶6.
`
`Function: discriminating
`between gesture and no
`gesture based on a direction
`of said acceleration signal as
`measured by said
`accelerometer being a three
`dimensional accelerometer,
`and on a slope or frequency of
`said acceleration signal, while
`the microcontroller and the
`touch controller are in a sleep
`power mode
`
`St
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