`
`Exhibit 1
`
`
`
`Case 6:23-cv-00158-ADA Document 63-1 Filed 04/03/24 Page 2 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`JAWBONE INNOVATIONS, LLC
` Plaintiff,
`
`-v-
`
`GOOGLE LLC F/K/A GOOGLE INC.,
` Defendant.
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`
`
`6:21-CV-00985-ADA
`
`
`CLAIM CONSTRUCTION ORDER
`
`The Court held a Markman hearing on October 14, 2022. During that hearing, the Court
`
`provided its final constructions. The Court now enters those claim constructions.
`
`
`
`SIGNED this 14th day of October, 2022.
`
`
`
`
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`
`Case 6:23-cv-00158-ADA Document 63-1 Filed 04/03/24 Page 3 of 5
`Case 6:23-cv-00158-ADA Document 63-1 Filed 04/03/24 Page 3of5
`
`Note: Theparties notified the Court that Terms #4, #5, #6, and #7 were no longer disputed.
`
`: “microphone”
`
`Plaintiff's Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Plain and ordinary meaning; no
`construction necessary
`
`Plain and ordinary meaning,
`whichis “physical microphone”
`
`U.S. Patent No. 7,246,058,
`Claim 1; U.S. Patent No.
`8,467,543, Claims 1, 8, 19, 20,
`26
`
`Proposed by Defendant
`
`Court’s Preliminary
`Construction
`Plain-and-ordinary meaning
`wherein the plain-and-ordinary
`meaning includesvirtual
`microphones.
`
`ordinary meaning.
`
`#2: “the acoustic signals”/
`“the acoustic signals”: Not
`Plain and ordinary meaning; no
`Indefinite
`“the acoustic signal received at|construction necessary
`indefinite. Plain-and-ordinary
`meaning. Preambleis not
`the one receiver” / “the
`acoustic signals received at
`limiting except for “acoustic
`signals having varying levels
`each of the two receivers”
`of background noise.”
`
`U.S. Patent No. 7,246,058,
`Claim 1
`
`Proposed by Defendant
`
`“the acoustic signal[s] received
`at the [one / two] receiver[s]”:
`Notindefinite. Plain-and-
`
`
`
`Case 6:23-cv-00158-ADA Document 63-1 Filed 04/03/24 Page 4 of 5
`Case 6:23-cv-00158-ADA Document 63-1 Filed 04/03/24 Page 4of5
`
`
`
`U.S. Patent No. 8,019,091,
`Claims 1, 4,5, 9, 11, 15; U.S.
`Patent No. 10,779,080, Claims
`1, 14; U.S. Patent No.
`11,122,357, Claims 1, 15
`
`Contraction
`ecomtrucon
`Construction
`Construction
`Construction
`
`#3: “transfer function” “a mathematical expression that|Plain and ordinary meaning Plain-and-ordinary meaning
`specifies the relationship
`between an output signal and an
`input signal”
`
`Proposed by Plaintiff #8: “approximately similar” /|Plain and ordinary meaning;
`
`Indefinite.
`Indefinite
`“approximately, dissimilar” /|no construction necessary
`“approximately dissimilar”
`
`U.S. Patent No. 8,321,213,
`Claims 2, 37, 38; U.S. Patent
`No. 8,326,611, Claims3, 4,
`30*
`
`Proposed by Defendant
`
`* The parties’ respective claim
`construction briefs mistakenly
`listed claim 29 of the ’611
`Patent (instead of claim 30) as
`containing this term. In the
`°611 Patent, the term is recited
`only in claims 3, 4, and 30;it
`is not recited in claim 29.
`
`
`
`Case 6:23-cv-00158-ADA Document 63-1 Filed 04/03/24 Page 5 of 5
`Case 6:23-cv-00158-ADA Document 63-1 Filed 04/03/24 Page 5of5
`
`Plaintiff's Proposed
`Construction
`Plain and ordinary meaning;
`no construction necessary
`
`Defendants’ Proposed
`Construction
`
`Court’s Preliminary
`Construction
`
`#9: “a relationship for speech”
`
`U.S. Patent No. 8,321,213,
`Claims 14, 42; U.S. Patent No.
`8,326,611, Claim 1
`
`Proposed by Defendant
`
`microphonesignal”
`
`U.S. Patent No. 8,503,691,
`Claims 1, 23, 27, 28, 29, 41;
`U.S. Patent No. 10,779,080,
`Claims 1, 14; U.S. Patent No.
`11,122,357, Claims 1, 15
`
`substantially|Plain and ordinary meaning; no
`“
`#10:
`construction necessary
`similar/dissimilar. . .”
`
`Proposed by Defendant
`
`#11: “apply a varying linear
`transfer function between the
`first and second microphone
`signals”
`
`US. Patent No. 11,122,357,
`Claims 1, 15
`
`Proposed by Defendant
`
`Plain and ordinary meaning;
`no construction necessary
`
`“calculate a linear transfer
`function using the first and the
`second microphonesignals to
`apply the transfer function to a
`
`Plain-and-ordinary meaning
`
`
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