Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 1 of 16 PageID #: 10930
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ACCELERATION BAY, LLC, a Delaware
`Limited Liability Corporation,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AMAZON WEB SERVICES, INC., a Delaware
`Corporation,
`
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 22-904-RGA-SRF
`
`
`PARTIES’ JOINT CLAIM CONSTRUCTION CHART
`
`
`Pursuant to Paragraph 7 of the Court’s Scheduling Order (D.I. 14) in the above-captioned
`
`action, Plaintiff Acceleration Bay, LLC (“Acceleration Bay” or Plaintiff”) and Defendant
`
`Amazon Web Services, Inc. (“Amazon” or “Defendant”) submit this Joint Claim Construction
`
`Chart. Appendix 1 identifies the agreed terms. Appendix 2 identifies the disputed terms, with
`
`the terms and phrases of the claims in issue and each party’s proposed construction of the
`
`disputed claim language with citations to the intrinsic evidence in support of their respective
`
`proposed constructions.
`
`The Asserted Patents, U.S. Patent Nos. 6,701,344 (“the ’344 Patent”), 6,714,966
`
`(“the ’966 Patent”), 6,732,147 (“the ’147 Patent”), 6,829,634 (“the ’634 Patent”), and 6,910,069
`
`(“the ’069 Patent”) (collectively, the “Asserted Patents”) are respectively attached as Exhibits A-
`
`1 to A-5. Additional portions of the intrinsic record cited by the parties are attached as Exhibits
`
`B-1 to B-4 and are identified in the following summary table:
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ACCELERATION BAY, LLC, a Delaware
`Limited Liability Corporation,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AMAZON WEB SERVICES, INC., a Delaware
`Corporation,
`
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 22-904-RGA-SRF
`
`
`PARTIES’ JOINT CLAIM CONSTRUCTION CHART
`
`
`Pursuant to Paragraph 7 of the Court’s Scheduling Order (D.I. 14) in the above-captioned
`
`action, Plaintiff Acceleration Bay, LLC (“Acceleration Bay” or Plaintiff”) and Defendant
`
`Amazon Web Services, Inc. (“Amazon” or “Defendant”) submit this Joint Claim Construction
`
`Chart. Appendix 1 identifies the agreed terms. Appendix 2 identifies the disputed terms, with
`
`the terms and phrases of the claims in issue and each party’s proposed construction of the
`
`disputed claim language with citations to the intrinsic evidence in support of their respective
`
`proposed constructions.
`
`The Asserted Patents, U.S. Patent Nos. 6,701,344 (“the ’344 Patent”), 6,714,966
`
`(“the ’966 Patent”), 6,732,147 (“the ’147 Patent”), 6,829,634 (“the ’634 Patent”), and 6,910,069
`
`(“the ’069 Patent”) (collectively, the “Asserted Patents”) are respectively attached as Exhibits A-
`
`1 to A-5. Additional portions of the intrinsic record cited by the parties are attached as Exhibits
`
`B-1 to B-4 and are identified in the following summary table:
`
`
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 2 of 16 PageID #: 10931
`
`Exhibit
`
`Evidence
`
`Asserted Patents
`
`A-1
`
`A-2
`
`A-3
`
`A-4
`
`A-5
`
`U.S. Patent No. 6,701,344
`
`U.S. Patent No. 6,714,966
`
`U.S. Patent No. 6,829,634
`
`U.S. Patent No. 6,910,069
`
`U.S. Patent No. 6,732,147
`
`B-1
`
`Excerpts from U.S. Patent No. 6,701,344 File History
`
`File Histories of the Asserted Patents
`
`April 24, 2002 Information Disclosure Statement
`May 21, 2003 Office Action
`September 10, 2003 Amendment and Response to Office Action
`September 25, 2003 Terminal Disclaimer
`September 26, 2003 Office Action
`October 1, 2003 Notice of Allowance
`
`IPR2015-01970:
`9/25/15 Petition for Inter Partes Review
`10/14/16 Petitioner’s Consolidated Reply to Patent Owner’s Response [CONF]
`3/23/17 Final Written Decision
`
`IPR2015-01972:
`9/25/15 Petition for Inter Partes Review
`10/14/16 Petitioners’ Reply to Patent Owner’s Response
`3/23/17 Final Written Decision
`
`IPR2016-00931:
`6/23/16 Decision Denying Institution
`
`Excerpts from U.S. Patent No. 6,714,966 File History
`
`B-2
`
`June 20, 2003 Office Action
`September 10, 2003 Amendment
`September 10, 2003, Terminal Disclaimer
`September 26, 2003 Notice of Allowability
`October 1, 2003 Notice of Allowance
`
`
`2
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 3 of 16 PageID #: 10932
`
`Exhibit
`
`Evidence
`
`IPR2015-01951:
`9/24/15 Petition for Inter Partes Review
`10/14/16 Petitioners’ Consolidated Reply to Patent Owner’s Response [CONF]
`3/23/17 Final Written Decision
`
`IPR2015-01953:
`9/24/15 Petition for Inter Partes Review
`10/14/16 Petitioners’ Consolidated Reply to Patent Owner’s Response
`3/23/17 Final Written Decision (with errata)
`
`IPR2016-00932:
`4/21/16 Petition for Inter Partes Review
`6/23/16 Decision Denying Institution
`
`IPR2016-00936:
`4/22/16 Petition for Inter Partes Review
`7/7/16 Institution Decision
`
`B-3
`
`Excerpts from U.S. Patent No. 6,829,634 File History
`
`February 4, 2004, Office Action
`May 4, 2004, Amendment
`July 12, 2004, Notice of Allowability
`July 13, 2004, Notice of Allowance
`
`IPR2015-01964:
`9/28/15 Petition for Inter Partes Review
`10/14/16 Petitioners’ Consolidated Reply to Patent Owner’s Response [CONF]
`3/29/17 Final Written Decision
`
`IPR2015-01996:
`9/28/15 Petition for Inter Partes Review
`10/14/16 Petitioners’ Consolidated Reply to Patent Owner’s Response
`3/29/17 Final Written Decision
`
`IPR2016-00727:
`3/12/16 Petition for Inter Partes Review
`9/9/16 Institution Denial
`
`IPR2016-00963:
`4/29/16 Petition for Inter Partes Review
`6/23/16 Institution Decision
`
`
`
`3
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 4 of 16 PageID #: 10933
`
`Exhibit
`
`Evidence
`
`IPR2016-00964:
`4/29/16 Petition for Inter Partes Review
`6/23/16 Institution Decision
`
`B-4
`
`Excerpts from U.S. Patent No. 6,910,069 File History
`
`October 17, 2003, Office Action
`October 28, 2003, Amendment and Response
`January 12, 2004, Non-Final Rejection
`May 10, 2004, Amendment and Response
`August 26, 2004, Notice of Allowance
`
`IPR2016-00726:
`3/12/16 Petition for Inter Partes Review
`9/9/16 Institution Denial
`
`IPR2017-01600:
`Patent Owner Preliminary Response, Bungie, Inc. v. Acceleration Bay, LLC,
`Paper 8 (P.T.A.B. Oct. 12, 2017)
`
`
`
`
`
`
`The parties’ identification of intrinsic evidence is preliminary. The parties base this
`
`disclosure on information currently known by and available to them. The parties reserve the
`
`right to amend, modify, and/or supplement their identification of intrinsic evidence to take into
`
`account additional information that comes light, including without limitation as additional
`
`contentions are made, facts are ascertained, analyses are made, and proposed constructions are
`
`provided. Further, the parties reserve the right to rely on the intrinsic evidence identified by
`
`opposing parties to support their constructions.
`
`
`
`4
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 5 of 16 PageID #: 10934
`
`Dated: June 7, 2023
`
`POTTER ANDERSON & CORROON LLP
`
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`1313 North Market Street, 6th Floor
`P.O. Box 951
`Wilmington, Delaware 19801
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`
`Attorneys for Plaintiff
`Acceleration Bay, LLC
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL
`LLP
`
`By: /s/ Jennifer Ying
`Jack B. Blumenfeld (#1014)
`Jennifer Ying (#5550)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`jblumenfeld@morrisnichols.com
`jying@morrisnichols.com
`
`
`
`
`Attorneys for Defendant
`Amazon Web Services, Inc.
`
`5
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 6 of 16 PageID #: 10935
`
`APPENDIX 1
`
`Agreed Constructions
`
`Term
`
`Patents/ Claims
`’344 Patent Claim 13, 21
`
`Agreed Construction
`These preambles are limiting.
`
`“A distributed game system comprising:”;
`
`“A computer network for providing a game environment for a
`plurality of gaming participants, each gaming participant
`having connections to at least three neighbor gaming
`participants,” / “A computer network for providing an
`information delivery service for a plurality of participants, each
`participant having connections to at least three neighbor
`participants,”;
`
`“A non-routing table based broadcast channel for participants,
`comprising” / “A non-routing table based computer network
`having a plurality of participants, each participant being an
`application program, and each participant having connections to
`at least three neighbor participants,”;
`
`“A method for healing a disconnection of a first computer from
`a second computer, the computers being connected to a
`broadcast channel, said broadcast channel being an m-regular
`graph where m is at least 3, the method comprising:”;
`
`“A computer-based, non- routing table based, non- switch
`based method for adding a participant to a network of
`participants, each participant being connected to three or more
`other participants, the method comprising:”
`
`’966 Patent Claim 1
`
`’634 Patent Claim 10, 25
`
`’147 Patent Claim 6
`
`’069 Patent Claim 1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 7 of 16 PageID #: 10936
`
`“network is m-regular”
`
`Term
`
`Patents/ Claims
`’344 Patent Claim 13, 21
`
`“in a manner as to maintain an m-regular graph”
`
`’966 Patent Claim 1, 19
`
`’634 Patent Claim 10, 25
`
`’147 Patent Claim 6
`
`“wherein an originating participant sends data to the other
`participants by sending the data through each of its connections
`to its neighbor participants”
`
`’344 Patent Claim 13, 25
`
`’966 Patent Claim 1, 19
`
`“wherein an originating participant sends gaming data to the
`other gaming participants by sending the gaming data through
`each of its connections to its neighbor gaming participants”
`
`“a broadcast component that receives data from a neighbor
`participant using the communications network and that sends
`the received data to its other neighbor participants”
`
`’634 Patent Claim 10, 25
`
`“thus resulting in a non-complete graph”
`
`’344 Patent Claim 13, 21
`
`“m-connected”
`
`’966 Patent Claim 1, 19
`
`’634 Patent Claim 10, 25
`
`’634 Patent Claim 10, 25
`
`2
`
`Agreed Construction
`A state that the network is
`configured to maintain, where
`each participant is connected
`to exactly m neighbor
`participants.
`
`Data is sent from an
`originating participant to the
`other participants by
`broadcasting data through
`each of its connections to its
`neighbor participants.
`
`The graph is configured to
`maintain a non-complete
`state.
`
`A state that the network is
`configured to maintain, where
`the network may be divided
`into disconnected sub-
`networks by the removal of m
`participants in a steady state.
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 8 of 16 PageID #: 10937
`
`Term
`“sends an edge connection request to a number of randomly
`selected neighboring participants to which the seeking
`participant is to connect”
`
`Patents/ Claims
`’069 Patent Claim 1
`
`“broadcast channel”
`
`“participants”
`
`“computer network”
`
`’344 Patent Claim 13, 21
`
`’966 Patent Claim 12, 19
`
`’634 Patent Claim 10, 11, 15-
`18, 25
`
`’147 Patent Claim 6, 9
`
`’344 Patent Claim 13, 21
`
`’966 Patent Claim 1
`
`’634 Patent Claim 10, 25
`
`’069 Patent Claim 1
`
`’344 Patent Claim 21
`
`’966 Patent, Claim 1, 19
`
`’634 Patent Claim 25
`
`3
`
`Agreed Construction
`Sends a message through a
`number of randomly selected
`connections until fully
`connected participants are
`identified to which the
`seeking participant is to
`connect.
`
`An overlay network of
`interconnected
`computers/participants where
`each computer/participant
`receives all data broadcasted
`on the network.
`
`Computers or computer
`processes that are connected
`by a network
`
`A group of connected
`computers or computer
`processes.
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 9 of 16 PageID #: 10938
`
`Term
`“each participant having connections to at least three neighbor
`participants”
`
`“player computers that are each interconnected to at least three
`other computers”
`
`“each gaming participant having connections to at least three
`neighbor gaming participants”
`
`Patents/ Claims
`’344 Patent Claim 13, 15, 21
`
`’966 Patent Claim 1, 19
`
`’634 Patent Claim 25
`
`’147 Patent Claim 9
`
`Agreed Construction
`Each participant being
`connected to the same number
`of other participants in the
`network, where the number is
`three or more.
`
`“each computer connected to the broadcast channel is
`connected to at least three other computers”
`
`“healing a disconnection of a first computer from a second
`computer”
`
`’147 Patent Claim 6
`
`
`
`Plain and ordinary
`meaning/no construction
`required, i.e., restoring the
`state of the network after the
`disconnection of a first
`computer from a second
`computer.
`
`4
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 10 of 16 PageID #: 10939
`
`No.
`
`1
`
`Term
`
`Patents/ Claims
`
`’069 Patent
`Claim 1
`
`“network of
`participants, each
`participant being
`connected to three or
`more other
`participants”
`
`APPENDIX 2
`
`Disputed Constructions
`
`Acceleration Bay’s Proposed
`Construction & Intrinsic Support
`Plain and ordinary meaning/no
`construction required, i.e., participants
`that are connected by a network where
`each participant must be connected to
`at least three other participants, but
`there is no requirement that each
`participant is connected to the same
`number of other participants.
`
`Intrinsic Support:
`A-4: ‘069 Patent
`Abstract;
`Claims 1, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14
`Col. 1: ll. 35-Col. 2: ll. 40
`Col. 4: ll. 5-67;
`
`B-4: ‘069 Patent File History
`including: October 17, 2003, Office
`Action; October 28, 2003, Amendment
`and Response; January 12, 2004, Non-
`Final Rejection; May 10, 2004,
`Amendment and Response; August 26,
`2004, Notice of Allowance.
`
`‘069 Patent, Inter Partes Review
`proceeding decisions and papers
`
`1
`
`Defendants’ Proposed Construction
`& Intrinsic Support
`A network configured to maintain a
`state where each participant is
`connected to the same number of other
`participants, where the number is at
`least three.
`
`Intrinsic Support:
`
`See ’069 Patent at 5:30-32 (describing
`a “large regime” network where the
`number is five), 19:60-65 (describing
`“random walk” process of adding
`participants), 13:36-54 (same), 4:5-24
`(describing broadcast technique that
`“overlays a point-to-point
`communications network), 4:25-49
`(same). See also IPR2017-1600, Paper
`8 (“Exhibit B-4c”) at 13-14 (“the ’069
`Patent is directed to ‘incomplete
`networks’ in which each participant is
`connected to fewer than all of the other
`participants in the network”) (citing
`Fig. 4A); id. at 5-7 (describing the ’069
`Patent’s m-regular incomplete
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 11 of 16 PageID #: 10940
`
`No.
`
`Term
`
`Patents/ Claims
`
`2
`
`“each participant being
`connected to three or
`more other
`participants”
`
`’069 Patent
`Claim 1
`
`Acceleration Bay’s Proposed
`Construction & Intrinsic Support
`including: IPR2016-00726: 3/12/16
`Petitioner’s Petition; 9/9/16 Institution
`Denial.
`
`
`Defendants’ Proposed Construction
`& Intrinsic Support
`topology), 7 (“[t]he invention claimed
`in the ’069 Patent focuses on a process
`for adding nodes, or participants, to an
`existing network”).
`
`
`
`
`
`Plain and ordinary meaning/no
`construction required, i.e., each
`participant must be connected to at
`least three other participants, but there
`is no requirement that each participant
`is connected to the same number of
`other participants.
`
`Intrinsic Support:
`
`Each participant is connected to the
`same number of other participants in
`the network, where the number is at
`least three.
`
`Intrinsic Support:
`
`See “network of participants” term
`above.
`
`A-4: ‘069 Patent
`Abstract;
`Claims 1, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14
`Col. 1: ll. 35-Col. 2: ll. 40
`Col. 4: ll. 5-67;
`
`B-4: ‘069 Patent File History
`including: October 17, 2003, Office
`Action; October 28, 2003, Amendment
`and Response; January 12, 2004, Non-
`Final Rejection; May 10, 2004,
`
`2
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 12 of 16 PageID #: 10941
`
`No.
`
`Term
`
`Patents/ Claims
`
`3
`
`“peer-to-peer
`connections”
`
`’344 Patent
`Claim 21
`
`’966 Patent
`Claim 19
`
`’634 Patent
`Claim 25
`
`Defendants’ Proposed Construction
`& Intrinsic Support
`
`Connections between participants
`forming a point-to-point graph through
`which participants both transmit and
`relay information.
`
`Intrinsic Support:
`
`See, e.g., ’344 Patent at 2:24-31
`(describing “peer-to-peer middleware
`systems” that use “point-to-point graph
`of the connections” to share
`information), 14:31-32 (“The
`underlying peer-to-peer
`communications protocol may send
`multiple messages in a single message
`stream”). See also ’344 File History
`(“Exhibit B-1a”) at April 24, 2002
`Information Disclosure Statement
`(citing U.S. Patent Nos. 5,790,553,
`
`Acceleration Bay’s Proposed
`Construction & Intrinsic Support
`Amendment and Response; August 26,
`2004, Notice of Allowance.
`
`‘069 Patent, Inter Partes Review
`proceeding decisions and papers
`including: IPR2016-00726: 3/12/16
`Petitioner’s Petition; 9/9/16 Institution
`Denial.
`Peers are participants that are equally
`able to send and receive information.
`
`Peer-to-peer connections are
`connections between peer participants.
`
`Intrinsic Support:
`
`A-1: ’344 Patent
`Abstract;
`Figs. 1-5F, 8, 13, 14, 16, 17, 18, 21,
`22, 26, 28, 29
`Claims 1, 6-8, 12, 16, 18, 21
`Col. 1: ll. 33-Col. 2: ll. 42;
`Col. 4: ll. 3-21;
`Col. 4: ll. 23-Col. 8: ll. 4;
`Col. 9: ll. 1-Col. 11: ll. 31;
`Col. 13: ll. 36-Col. 16: ll. 28;
`Col. 17: ll. 15-Col. 27: ll. 61
`
`A-2: ‘966 Patent
`Abstract;
`Claims 1, 6, 7, 19
`
`3
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 13 of 16 PageID #: 10942
`
`No.
`
`Term
`
`Patents/ Claims
`
`Defendants’ Proposed Construction
`& Intrinsic Support
`6,094,676, and A. Oram, “Peer-to-Peer
`Makes the Internet Interesting Again”).
`
`Acceleration Bay’s Proposed
`Construction & Intrinsic Support
`Col. 1: ll. 1-43;
`Col. 2: ll. 23-37;
`Col. 4: ll. 5-67;
`Col. 13: ll. 20-32;
`Col. 14: ll. 27-47
`
`A-3: ‘634 Patent
`Abstract;
`Figs. 1-5F.
`Claims 1, 4, 5, 6, 10, 16, 18, 25.
`Col. 1: ll. 34-45;
`Col. 2: ll. 25-39;
`Col. 4: 5-67;
`Col. 13: ll. 54-67;
`Col. 14: ll. 55-Col. 15: ll. 17
`
`Oram, Andy, "Peer-to-Peer Makes the
`Internet Interesting Again,” Sep. 22,
`2000 (7 pages) The O'Reilly Network
`http://linux.oreillynet.com/lpt.
`Accessed Jan. 29, 2002).
`
`B-1: ‘344 Patent File History
`including:
`May 21, 2003 Office Action;
`September
`10, 2003 Amendment and Response to
`Office Action; September 25, 2003
`Terminal Disclaimer; September 26,
`2003
`
`4
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 14 of 16 PageID #: 10943
`
`No.
`
`Term
`
`Patents/ Claims
`
`Defendants’ Proposed Construction
`& Intrinsic Support
`
`Acceleration Bay’s Proposed
`Construction & Intrinsic Support
`Office Action; October 1, 2003 Notice
`of Allowance.
`‘344 Patent Inter Partes Review
`proceeding decisions and papers
`including: IPR2015-01970, 9/25/15
`Petitioner’s Petition for Inter Partes
`Review, 10/14/16 Petitioner’s
`Consolidated Reply to Patent Owner’s
`Response; 3/23/17 Final Written
`Decision; IPR2015-01972, 9/25/15
`Petitioner’s Petition for Inter Partes
`Review, 10/14/16 Petitioners’ Reply to
`Patent Owner’s Response, 3/23/17
`Final Written Decision; IPR2016-
`00931, 6/23/16 Decision Denying
`Institution
`
`B-2: ‘966 Patent File History
`including:
`June 20, 2003 Office Action;
`September 10, 2003 Amendment;
`September 10, 2003, Terminal
`Disclaimer;
`September 26, 2003 Notice of
`Allowability;
`October 1, 2003 Notice of Allowance.
`
`‘966 Patent, Inter Partes Review
`proceeding decisions and papers
`including: IPR2015-01951: 9/24/15
`Petitioner’s Petition for Inter Partes
`
`5
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 15 of 16 PageID #: 10944
`
`No.
`
`Term
`
`Patents/ Claims
`
`Defendants’ Proposed Construction
`& Intrinsic Support
`
`Acceleration Bay’s Proposed
`Construction & Intrinsic Support
`Review; 10/14/16 Petitioners’
`Consolidated Reply to Patent Owner’s
`Response; 3/23/17 Final Written
`Decision; IPR2015-01953: 9/24/15
`Petitioner’s Petition for Inter Partes
`Review; 10/14/16 Petitioners’
`Consolidated Reply to Patent Owner’s
`Response; 3/23/17 Final Written
`Decision; IPR2016-00932, 4/21/16
`Petitioner’s Petition; 6/23/16 Decision
`Denying Institution; IPR2016-00936:
`4/22/16 Petitioner’s Petition; 7/7/16
`Institution Decision.
`
`B-3: ‘634 Patent File History
`including:
`February 4, 2004, Office Action;
`May 4, 2004, Amendment;
`July 12, 2004, Notice of Allowability;
`July 13, 2004, Notice of Allowance.
`
`‘634 Patent, Inter Partes Review
`proceeding decisions and papers
`including: IPR2015-01964: 9/28/15
`Petitioner’s Petition; 10/14/16
`Petitioners’ Consolidated Reply to
`Patent Owner’s Response; 3/29/17
`Final Written Decision; IPR2015-
`01996: 9/28/15 Petitioner’s Petition;
`10/14/16 Petitioners’ Consolidated
`Reply to Patent Owner’s Response;
`
`6
`
`
`
`Case 1:22-cv-00904-RGA-SRF Document 50 Filed 06/07/23 Page 16 of 16 PageID #: 10945
`
`Defendants’ Proposed Construction
`& Intrinsic Support
`
`No.
`
`Term
`
`Patents/ Claims
`
`
`
`Acceleration Bay’s Proposed
`Construction & Intrinsic Support
`3/29/17 Final Written Decision;
`IPR2016-00727: 3/12/16 Petitioner’s
`Petition; 9/9/16 Institution Denial;
`IPR2016-00963: 4/29/16 Petitioner’s
`Petition; 6/23/16 Institution Decision;
`IPR2016-00964: 4/29/16 Petitioner’s
`Petition; 6/23/16 Institution Decision
`
`B-4: ‘069 Patent File History
`including:
`October 17, 2003, Office Action;
`October 28, 2003, Amendment and
`Response;
`January 12, 2004, Non-Final
`Rejection;
`May 10, 2004, Amendment and
`Response; August 26, 2004, Notice of
`Allowance.
`
`‘069 Patent, Inter Partes Review
`proceeding decisions and papers
`including: IPR2016-00726: 3/12/16
`Petitioner’s Petition; 9/9/16 Institution
`Denial
`
`7
`
`
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