Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 1 of 10
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`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`
`Case No. 6:23-cv-00158-ADA
`
`JURY TRIAL DEMANDED
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`Defendant.
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`META PLATFORMS, INC., D/B/A META,
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`
`v.
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`
`
`
`
`
`
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`
`
`
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`
`Case No. 6:23-cv-00158-ADA
`
`JURY TRIAL DEMANDED
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Defendant.
`
`
`META PLATFORMS, INC., D/B/A META,
`
`
`v.
`
`
`
`
`
`
`
`
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`
`
`
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 2 of 10
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`In accordance with the Amended Scheduling Order (Dkt. 58), Plaintiff Jawbone
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`Innovations, LLC (“Jawbone”) and Defendant Meta Platforms, Inc., d/b/a Meta (“Meta”) submit
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`this Joint Claim Construction Statement. Pursuant to the Standing Order Governing Proceedings
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`(OGP) 4.4 – Patent Cases, an editable copy of this statement is being emailed to the Court’s law
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`clerks.
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`The Asserted Patents are U.S. Patent Nos. 8,321,213 (“the ’213 patent”), 8,326,611 (“the
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`’611 patent”), 8,503,691 (“the ’691 patent”), 10,779,080 (“the ’080 patent”), and 11,122,357 (“the
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`’357 patent”) (collectively, the “Asserted Patents”). Jawbone previously asserted U.S. Patent Nos.
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`7,246,058 (“the ’058 patent”), 8,019,091 (“the ’091 patent”), and 8,467,543 (“the ’543 patent”),
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`but informed Meta on March 4, 2024, that it was withdrawing its assertion of those patents. Meta
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`did not separately brief the terms “microphone[s]” and “acoustic microphone,” which were only
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`found in claims of the ’058, ’091, and/or ’543 patents. On April 24, 2024, Jawbone further
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`informed Meta that it withdrew its assertion of claims 10 and 11 of the ’080 patent. While Jawbone
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`believes disputes as to any terms found solely within those claims are moot, Meta maintains its
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`positions on terms from these patents and claims until they are formally withdrawn from this
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`action.
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`I.
`
`AGREED CONSTRUCTIONS
`
`Term
`
`“virtual microphone”
`
`’213 Patent, claims 1, 2, 5-8, 10, 14, 19-22,
`24, 36-38, and 42
`’611 Patent, claims 1-4, 9-12, 14, 29, 30, 33-
`36, 38, and 44
`’080 Patent, claims 1, 7, 14, 18, and 19
`’357 Patent, claims 1, 5, 11-15, and 17-19
`’691 Patent, claims 1, 4, 10, 12, 15, 17, 21-23,
`27-29, 31, 38, 41, and 42
`
`
`Agreed Construction
`
`“microphone constructed using two or more
`omnidirectional microphones and associated
`signal processing”
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`
`
`
`
`
`Proposed by Meta
`“null”
`
`’691 Patent, claims 3-5, 20, 23, 24, 30-32, 41-
`43, and 46
`’080 Patent, claims 7 and 9
`’357 Patent, claims 15 and 17
`
`Proposed by Jawbone and Meta
`“transfer function”
`
`’091 Patent, claims 1, 2, 4, 5, 9, 11, 15, 18
`’357 Patent, claims 1 and 15
`’080 Patent, claims 1, 7, and 14
`
`Proposed by Jawbone and Meta
`“acoustic noise”
`
`’091 Patent, claims 1, 9, 11, 15, 18
`’080 Patent, claims 1, 2, and 7
`
`Proposed by Meta
`“voice activity”
`
`’213 Patent, claims 1, 14, and 42
`’611 Patent, claims 1, 29, and 44
`’080 Patent, claims 4, 10, and 15
`
`Proposed by Meta
`The parties request that the Court enter the above agreed constructions.
`
`“a mathematical expression that specifies the
`relationship between an output signal and an input
`signal”
`
`“any acoustic signal (which may include human
`speech other than the user’s) that is not desired”
`
`“user speech”
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 3 of 10
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`Term
`
`Agreed Construction
`
`“a zero or minima in the spatial response of a
`physical or virtual directional microphone”
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`
`
`
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`
`
`2
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`
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 4 of 10
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`II.
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`DISPUTED TERMS THAT THE PARTIES BRIEFED IN THIS LITIGATION
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`The parties provide the following list of disputed terms for construction.
`
`Term
`
`Jawbone’s Construction
`
`Meta’s Construction
`
`“approximately
`similar [responses to
`noise]”
`
`’213 Patent, claims 2
`and 37
`’611 Patent, claim 3
`and 30
`
`Proposed by Meta
`“approximately,
`dissimilar [responses
`to speech]” /
`“approximately
`dissimilar [responses
`to speech]”
`
`’213 Patent, claims 2
`and 38
`’611 Patent, claims 4
`and 30
`
`Proposed by Meta
`“substantially similar
`[responses to noise]” /
`“[is] substantially
`similar [to the first
`linear response to
`noise]”
`
`’691 Patent, claims 1,
`23, 27, 29, 41
`’080 Patent, claims 1,
`7, and 14
`’357 Patent, claims 1
`and 15
`
`
`Proposed by Meta
`“substantially similar
`[across a plurality of
`frequencies for a
`speech source]”
`
`Indefinite
`
`Plain and ordinary meaning; no
`construction necessary
`
`Alternatively, “responses to noise
`whose ratio has an absolute value
`of less than 10 dB”
`
`Indefinite
`
`Plain and ordinary meaning; no
`construction necessary
`
`Alternatively, “responses to speech
`whose ratio has an absolute value
`of 10 dB or more”
`
`Indefinite
`
`Plain and ordinary meaning; no
`construction necessary
`
`Alternatively, “responses to noise
`whose ratio has an absolute value
`of less than 10 dB” / “deviates
`from the first linear response to
`speech such that the absolute value
`of their ratio is less than 10 dB”
`
`Plain and ordinary meaning; no
`construction necessary
`
`
`Indefinite
`
`3
`
`
`
`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 5 of 10
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`Term
`
`Jawbone’s Construction
`
`Meta’s Construction
`
`Alternatively, “within a range of 10
`dB [across a plurality of
`frequencies for a speech source]”
`
`Indefinite
`
`Plain and ordinary meaning; no
`construction necessary
`
`Alternatively, “responses to speech
`whose ratio has an absolute value
`of 10 dB or more” / “deviates from
`the first linear response to speech
`such that the absolute value of their
`ratio is at least 10 dB”
`
`Plain and ordinary meaning; no
`construction necessary
`
`Indefinite
`
`
`’080 Patent, claim 7
`’691 Patent, claims 1,
`23, 27-29, and 41
`
`Proposed by Meta
`“substantially
`dissimilar [responses
`to speech]” / “[is]
`substantially
`dissimilar [to the first
`linear response to
`speech]”
`
`’080 Patent, claims 1,
`7, and 14
`’691 Patent, claims 1,
`23, 27-29, and 41
`’357 Patent, claims 1
`and 15
`
`Proposed by Meta
`“the processing
`component”
`
`’080 Patent, claims 10,
`11
`
`Proposed by Meta
`
`
`
`
`
`
`4
`
`
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 6 of 10
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`III. TERMS FROM PRIOR LITIGATIONS
`
`Meta provides the following list of terms for construction. Meta argues that these terms
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`were briefed in prior litigations and were incorporated by reference in Meta’s Opening Brief and
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`Reply Brief. See D.I. 63, pp. 25-26, D.I. 63-11, D.I. 76, p. 15.
`
`Jawbone objects to the inclusion of this section, and to any argument on these terms at the
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`upcoming Markman hearing. It is Jawbone’s position that there is no dispute as to these terms as
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`they were not briefed or even expressly identified, and that any argument on these terms has been
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`waived. For the avoidance of doubt, Jawbone maintains that Meta’s attempt to incorporate
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`arguments from prior litigations by reference is improper and disagrees that any such arguments
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`are preserved for appeal.
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`Term
`
`Jawbone’s Construction
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`Meta’s Construction
`
`
`
`
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`“physical microphone”
`
`“physical microphone”
`
`Plain and ordinary meaning; no
`construction necessary
`
`Indefinite
`
`“microphone(s)”
`
`’058 Patent, claim 1
`’091 Patent, claims 1,
`9-11, 15-18
`’543 Patent, claims 1,
`26
`
`Proposed by Meta
`“acoustic
`microphone”
`
`’091 Patent, claims 1,
`10 ,11, 17
`
`Proposed by Meta
`“an adaptive noise
`removal application .
`. . generating
`denoised output
`signals
`by forming a
`plurality of
`combinations . . . by
`
`5
`
`
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 7 of 10
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`Term
`
`Jawbone’s Construction
`
`Meta’s Construction
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`filtering and
`summing the
`plurality of
`combinations . . . and
`by a varying linear
`transfer function
`between the plurality
`of combinations”
`
`’080 Patent, claims 1,
`7, 14
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`Proposed by Meta
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`
`
`
`
`6
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`
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 8 of 10
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`
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`Dated: May 28, 2024
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`
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`
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`Respectfully submitted,
`
` /s/ Peter Lambrianakos
`Raymond W. Mort, III
`Texas State Bar No. 00791308
`Email: raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Avenue, Suite 2000
`Austin, Texas 78701
`Tel/Fax: 512-865-7950
`
`OF COUNSEL:
`
`Alfred R. Fabricant (Admitted Pro Hac Vice)
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos (Admitted Pro Hac Vice)
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (Admitted Pro Hac Vice)
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Richard M. Cowell (Pro Hac Vice to be filed)
`NY Bar No. 4617759
`Email: rcowell@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`ATTORNEYS FOR PLAINTIFF
`JAWBONE INNOVATIONS, LLC
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`7
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 9 of 10
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`
` /s/Lisa Nguyen (with permission)
`Paige Arnette Amstutz
`Texas State Bar No. 00796136
`SCOTT DOUGLASS & MCCONNICO LLP
`303 Colorado Street, Suite 2400
`Austin, TX 78701
`Telephone: (512) 495-6300
`Facsimile: (512) 495-6399
`pamstutz@scottdoug.com
`
`Lisa K. Nguyen (admitted)
`Eric E. Lancaster (admitted)
`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`Telephone: (650) 320-1800
`lisanguyen@paulhastings.com
`ericlancaster@paulhastings.com
`
`ATTORNEYS FOR DEFENDANT
`META PLATFORMS, INC., D/B/A META
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`
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`8
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`Case 6:23-cv-00158-ADA Document 79 Filed 05/28/24 Page 10 of 10
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 28, 2024, I electronically filed the foregoing with the Clerk of
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`Court using the CM/ECF system, which will send notification of such filing via electronic mail to
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`all counsel of record. Any other counsel of record will be served by first class U.S. mail.
`
` /s/Peter Lambrianakos
` Peter Lambrianakos
`
`
`
`
`9
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