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PersonalWeb Technologies LLC et al v. Rackspace US, Inc. et al

Docket 6:12-cv-00659, Texas Eastern District Court ()
Judge Rodney Gilstrap, presiding
Patent
09/19/2012
SUMMONS Issued as to Rackspace Hosting, Inc., Rackspace US, Inc. and emailed to pltf for service. (Attachments: # 1 Summons(es))(klb) (Entered: 09/19/2012)
09/17/2012
COMPLAINT FOR PATENT INFRINGEMENT against Rackspace Hosting, Inc., Rackspace US, Inc. ( Filing fee $ 350 receipt number 0540-3785085.), filed by PersonalWeb Technologies LLC, Level 3 Communications, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(Baxter, Samuel) (Entered: 09/17/2012)
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No. 93 MEMORANDUM OPINION AND ORDER

Document PersonalWeb Technologies LLC et al v. Rackspace US, Inc. et al, 6:12-cv-00659, No. 93 (E.D.Tex. Mar. 11, 2016)
In addressing the role of the specification, the Phillips court quoted with approval its earlier observations from Renishaw PLC v. Marposs Societa’ per Azioni, 158 F.3d 1243, 1250 (Fed. Cir. 1998): Ultimately, the interpretation to be given a term can only be determined and confirmed with a full understanding of what the inventors actually invented and intended to envelop with the claim.
Phillips rejected any claim construction approach that sacrificed the intrinsic record in favor of extrinsic evidence, such as dictionary definitions or expert testimony.
This interpretation conflicts with the intrinsic record because it presumes that any and every user with access to a file has a license, and ultimately leads to contradictory results in the asserted claims.
Hellman’s users need to request authorization to use software that they already have.” (Id., Ex. 6, ’442 Re-Examination File History, July 30, 2009 Response to Office Action in an Ex Parte Reexamination, at 13 (PWEB 115610).)
Also, during prosecution of the ’442 Patent, the patentee stated that “in [the] Hellman [reference] the user already has the file and is merely requesting authorization to use that file.” (Id., Ex. 7, Feb. 14, 2010 Response to Final Office Action, at 14 (PWEB 156228) (emphasis in original).)
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No. 1

Document PersonalWeb Technologies LLC et al v. Rackspace US, Inc. et al, 6:12-cv-00659, No. 1 (E.D.Tex. Sep. 17, 2012)

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