IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`SAS INSTITUTE INC.,
`
`
`Plaintiffs,
`
`v.
`
`WORLD PROGRAMMING
`LIMITED, LUMINEX SOFTWARE,
`INC., YUM! BRANDS, INC.,
`PIZZA HUT, INC., and SHAW
`INDUSTRIES GROUP, INC.,
`
`Defendants.
`
`
`
`
`
`
`
`No. 2:18-cv-00295-JRG-RSP
`
`
` Patent Case
`
` Jury Trial Demanded
`
`SAS INSTITUTE INC.’S PRELIMINARY CLAIM CONSTRUCTIONS AND
`EXTRINSIC EVIDENCE PURSUANT TO P.R. 4-2
`
`Pursuant to Local Patent Rule 4-2 and the Court’s Docket Control Order, Plaintiff SAS
`
`
`
`
`
`
`
`
`Institute Inc. (“SAS”) provide its Preliminary Claim Constructions and Extrinsic Evidence for
`
`the asserted claims of U.S. Patent Nos. 7,170,519, 7,447,686, and 8498,996.
`
`I.
`
`
`
`RESERVATIONS
`
`SAS reserves its right to supplement this disclosure, including the right to add to, or
`
`remove from or otherwise modify or amend its proposed claim constructions and extrinsic
`
`evidence to the extent allowed by applicable law, rule, order or other practice or agreement.
`
`SAS may further supplement this disclosure in light of positions that Defendants World
`
`Programming Limited (“WPL”), Yum! Brands, Inc. (“Yum”), or Pizza Hut, Inc. (“Pizza Hut”)
`
`(collectively, “Patent Defendants”) take in this litigation. Such positions may require the Court
`
`to construe other claim terms in addition to the ones provided herein. SAS’s investigation is
`
`
`
`1
`
`World Programming Limited EXHIBIT 1011
`Page 1 of 11
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`SAS INSTITUTE INC.,
`
`
`Plaintiffs,
`
`v.
`
`WORLD PROGRAMMING
`LIMITED, LUMINEX SOFTWARE,
`INC., YUM! BRANDS, INC.,
`PIZZA HUT, INC., and SHAW
`INDUSTRIES GROUP, INC.,
`
`Defendants.
`
`
`
`
`
`
`
`No. 2:18-cv-00295-JRG-RSP
`
`
` Patent Case
`
` Jury Trial Demanded
`
`SAS INSTITUTE INC.’S PRELIMINARY CLAIM CONSTRUCTIONS AND
`EXTRINSIC EVIDENCE PURSUANT TO P.R. 4-2
`
`Pursuant to Local Patent Rule 4-2 and the Court’s Docket Control Order, Plaintiff SAS
`
`
`
`
`
`
`
`
`Institute Inc. (“SAS”) provide its Preliminary Claim Constructions and Extrinsic Evidence for
`
`the asserted claims of U.S. Patent Nos. 7,170,519, 7,447,686, and 8498,996.
`
`I.
`
`
`
`RESERVATIONS
`
`SAS reserves its right to supplement this disclosure, including the right to add to, or
`
`remove from or otherwise modify or amend its proposed claim constructions and extrinsic
`
`evidence to the extent allowed by applicable law, rule, order or other practice or agreement.
`
`SAS may further supplement this disclosure in light of positions that Defendants World
`
`Programming Limited (“WPL”), Yum! Brands, Inc. (“Yum”), or Pizza Hut, Inc. (“Pizza Hut”)
`
`(collectively, “Patent Defendants”) take in this litigation. Such positions may require the Court
`
`to construe other claim terms in addition to the ones provided herein. SAS’s investigation is
`
`
`
`1
`
`World Programming Limited EXHIBIT 1011
`Page 1 of 11
`
`
`
`continuing and the proposals and disclosures herein are based on information available to SAS at
`
`this time.
`
`For the avoidance of doubt, SAS expressly reserves the right to propose additional claim
`
`terms or otherwise propose supplemental or amended constructions in view of the fact that the
`
`Patent Defendants served amended P.R. 4-1 disclosures on July 25, 2019 which added numerous
`
`claim terms for first time.
`
`SAS further expressly reserves the right to identify additional extrinsic evidence,
`
`including expert testimony, as claim construction proceeds in view of any contentions made or
`
`information disclosed by the Patent Defendants, including, for example, in rebuttal to their claim
`
`construction positions, and/or extrinsic evidence, including expert testimony, they may present in
`
`support of their proposed claim constructions, including arguments concerning the “ordinary
`
`meaning” of claim terms.
`
`SAS reserves the right to rely on testimony from William Rosenblatt in support of any of
`
`its proposed claim constructions or claim construction arguments. The substance of such expert
`
`testimony may include a description of Mr. Rosenblatt’s qualifications, a description of the state
`
`of the art around the time of any of the patents-in-suit’s priority dates, a description of one of
`
`ordinary skill in the art with respect to the patents-in-suit, a discussion of why a proposed
`
`construction of a claim term comports with the plain and ordinary meaning of that term to one of
`
`ordinary skill in the art or comports with the patent’s specification or file history, or a discussion
`
`about why a proposed construction of a claim term deviates from the plain and ordinary meaning
`
`of that term to one of ordinary skill in the art or deviates from the patent’s specification or file
`
`history.
`
`
`
`2
`
`World Programming Limited EXHIBIT 1011
`Page 2 of 11
`
`
`
`SAS reserves the right to ask Mr. Rosenblatt to opine on any claim construction issue for
`
`which the Patent Defendants may provide expert testimony. SAS further reserves the right to
`
`call Mr. Rosenblatt as a live witness at the Claim Construction Hearing should the Patent
`
`Defendants request, and be permitted, to call any live witnesses at the Claim Construction
`
`Hearing or should Mr. Rosenblatt’s testimony otherwise aid the Court.
`
`II.
`
`PRELIMINARY PROPOSED CLAIM CONSTRUCTIONS
`
`SAS’s preliminary proposals for claim construction of the disputed claim terms and
`
`identification of supporting extrinsic evidence is attached as Exhibit A. Identification of a term,
`
`phrase, or clause for construction applies equally to variations or other instances of that term,
`
`phrase, or clause in any of the asserted claims in the Patents-in-Suit, unless otherwise stated.
`
`SAS’s identification of supporting extrinsic evidence is exemplary. SAS reserves the right to
`
`rely on any extrinsic evidence no expressly identified, for example, to respond to the Patent
`
`Defendants’ proposed constructions, in connection with their Patent Local Rule 4-2 disclosures
`
`or otherwise, and to respond to their claim construction arguments. SAS also reserves the right
`
`to rely on any extrinsic evidence cited by the Patent Defendants in support of their proposed
`
`constructions.
`
`
`
`Pursuant to P.R. 4-2(c), SAS will be available to “meet and confer for the purposes of
`
`narrowing the issues and finalizing preparation of a Joint Claim Construction and Prehearing
`
`Statement” in advance of the deadline for the parties’ joint Patent Rule 4-3 filing.
`
`
`
`Dated: July 30, 2019
`
`
`
`
`
`
`
`
`3
`
`
`
`Respectfully submitted,
`
`/s/ Jason W. Cook
`Michael C. Smith
`Texas Bar No. 18650410
`Siebman, Forrest, Burg & Smith, LLP
`
`
`
`
`
`World Programming Limited EXHIBIT 1011
`Page 3 of 11
`
`
`
`113 E. Austin Street
`Marshall, Texas 75670
`Tel: (903) 938-8900
`michaelsmith@siebman.com
`
`Jason W. Cook
`Texas State Bar No. 24028537
`Shaun W. Hassett
`Texas State Bar No. 24074372
`McGuireWoods LLP
`2000 McKinney Avenue - Suite 1400
`Dallas, TX 75201
`Telephone: (214) 932-6400
`Facsimile: (214) 273-6499
`jcook@mcguirewoods.com
`shassett@mcguirewoods.com
`
`Attorneys for SAS Institute Inc.
`
`Of counsel:
`
`Brian C. Riopelle (VA Bar No. 036454)
`MCGUIREWOODS LLP
`Gateway Plaza
`800 East Canal Street
`Richmond, VA 23219-
`3916
`Tel: 804-775-1000
`Fax: 804-775-1061
`briopelle@mcguirewoods.com
`
`Rachelle H. Thompson (NC Bar No.
`46450) MCGUIREWOODS LLP
`434 Fayetteville Street
`Suite 2600
`Raleigh, NC 27601
`Tel: 919-755-6600
`Fax: 919-755-6699
`rthompson@mcguirewoods.com
`
`
`Brad R. Newberg (VA Bar No.
`73654) MCGUIREWOODS LLP
`1750 Tysons Blvd. Tysons Corner, VA 22102
`Tel: 703-712-5061
`Fax: 703-712-5187
`bnewberg@mcguirewoods.com
`4
`
`
`
`World Programming Limited EXHIBIT 1011
`Page 4 of 11
`
`
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`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing has been forwarded to all counsel of
`
`record on this 30th day of July 2019, via electronic mail.
`
`
`
`
`
`
`
`/s/ Shaun W. Hassett
`Shaun W. Hassett
`
`
`
`
`
`
`
`5
`
`World Programming Limited EXHIBIT 1011
`Page 5 of 11
`
`
`
`6
`
`
`
`Expert testimony of William Rosenblatt
`
`Expert testimony of William Rosenblatt
`
`Expert testimony of William Rosenblatt
`
`Governed by 35 U.S.C. § 112 ¶ 6.
`textual formats
`used to generate different output non-
`category role and said response role being
`variable as having a response role, said
`category role and identifies another data
`identifies a data variable as having a
`Wherein the graph style metadata
`
`
`
`Function: generating the received results
`
`Governed by 35 U.S.C. § 112 ¶ 6.
`thereof.
`486, data source 534, and equivalents
`Structure: data source 460, data engine
`
`
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`“descriptor”
`American Heritage Dictionary 4th Ed:
`
`
`
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`
`Extrinsic Evidence
`
`Plain and ordinary meaning
`
`Proposed Constructions
`
`Plain and ordinary meaning
`Plain and ordinary meaning
`Plain and ordinary meaning
`Plain and ordinary meaning
`
`EXHIBIT A
`
`“means for receiving data to be displayed
`
`“data source generating means”
`formats”
`used by in different output non-textual
`category role and said response role being
`variable as having a response role, said
`category role and identifies another data
`identifies a data variable as having a
`“wherein the graph style metadata
`roles and the different variables”
`a second association between the statistical
`“wherein the graph style data items include
`formatted output”
`“non-textual format” / “non-textual
`
`Proposed Claim Terms
`
`“descriptors”
`“graph style metadata”
`“graph style data structure”
`“graph style data item”
`
`U.S. PATENT NO. 7,170,519
`
`World Programming Limited EXHIBIT 1011
`Page 6 of 11
`
`
`
`Expert testimony of William Rosenblatt
`
`Expert testimony of William Rosenblatt
`
`Expert testimony of William Rosenblatt
`
`7
`
`the graph style metadata
`non-textual formatted output based upon
`different types of software applications
`applications in order to display through the
`items by different types of software
`Function: accessing of the graph style data
`
`Plain and ordinary meaning.
`thereof.
`software module 36, and equivalents
`30, implementing at least graph generator
`Structure: computer-implemented system
`
`
`
`
`
`
`
`Governed by 35 U.S.C. § 112 ¶ 6.
`
`
`
`thereof.
`software module 36, and equivalents
`30, implementing at least graph generator
`Structure: computer-implemented system
`
`a non-textual format
`Function: receiving data to be displayed in
`
`
`
`
`
`Governed by 35 U.S.C. § 112 ¶ 6.
`thereof.
`and software module 36, and equivalents
`30, implementing at least graph generator
`Structure: computer-implemented system
`
`
`
`from a data file
`Function: retrieving graph style data items
`
`
`
`
`
`“the graph generator module”
`
`based upon the graph style metadata”
`applications non-textual formatted output
`data items by different types of software
`“means for accessing of the graph style
`
`items from a data file”
`“means for retrieving graph style data
`
`in a non-textual format”
`
`World Programming Limited EXHIBIT 1011
`Page 7 of 11
`
`
`
`8
`
`Not governed by 35 U.S.C. § 112 ¶ 6.
`
`
`
`
`
`
`
`
`
`World Programming Limited EXHIBIT 1011
`Page 8 of 11
`
`
`
`9
`
`
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`Technical Terms 6th Ed: “superset”
`McGraw-Hill Dictionary of Scientific and
`
`Plain and ordinary meaning
`
`software driver”
`method to the second method for the first
`includes switching pointing of the first
`“wherein the switching of the association
`textualizes through a third method”
`“wherein a second software driver
`through a second method”
`“wherein a first software drive textualizes
`textualize”
`object is associated with a first method to
`“wherein the first component software
`within the first software driver”
`generation database language is hidden
`of textualization into a different fourth-
`“wherein the first software driver’s details
`textualization”
`generation database language
`method to the second method for fourth-
`component software object from the first
`“switching association of the first
`
`
`
`
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`“a superset of the SQL standard”
`
`Expert testimony of William Rosenblatt
`
`Extrinsic Evidence
`
`Proposed Constructions
`
`Plain and ordinary meaning
`
`Proposed Claim Terms
`
`“database system”
`
`U.S. PATENT NO. 7,447,686
`
`World Programming Limited EXHIBIT 1011
`Page 9 of 11
`
`
`
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`
`Standards Terms, 7th Ed.
`The Authoritative Dictionary of IEEE
`Expert testimony of William Rosenblatt
`
`
`
`
`Expert testimony of William Rosenblatt
`
`Expert testimony of William Rosenblatt
`
`
`
`10
`
`Plain and ordinary meaning
`Plain and ordinary meaning
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`
`Extrinsic Evidence
`
`Proposed Constructions
`
`Plain and ordinary meaning
`Plain and ordinary meaning
`Plain and ordinary meaning
`Plain and ordinary meaning
`Plain and ordinary meaning
`
`
`
`“non-native database”
`“native system application”
`“the generated results”
`multiple expressions”
`expression into multiple functions and
`context to translate the function and the
`“using the function, the expression, and the
`
`“label[s]”
`“control string”
`the expression
`describes how the function is used within
`within the expression, wherein the context
`to determine a context of the function
`“analyzing the function and the expression
`application”
`be performed on the requested data by the
`“query requests that a processing operation
`requested data”
`processing operation be performed on the
`. wherein the query requests that a
`query requests that the data be retrieved . .
`“query requesting data . . . wherein the
`“internal table”
`“non-native syntax query”
`“native syntax query”
`“final expression query”
`
`Proposed Claim Terms
`
`U.S. PATENT NO. 8,498,996
`
`World Programming Limited EXHIBIT 1011
`Page 10 of 11
`
`
`
`11
`
`Expert testimony of William Rosenblatt
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning.
`Not governed by 35 U.S.C. § 112 ¶ 6.
`
`Plain and ordinary meaning.
`
`
`
`Not governed by 35 U.S.C. § 112 ¶ 6.
`
`
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
`
`
`
`
`
`apparatus”
`“data processors” / “data processing
`
`“configured for processing”
`received at an application”
`syntax query . . . wherein the query is
`“processing apparatus to: receive a native
`application”
`. . wherein the query is received at an
`including: receiving a native syntax query .
`“processors to perform operations
`
`World Programming Limited EXHIBIT 1011
`Page 11 of 11
`
`
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