`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
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`Institute Inc. (“SAS”) provide its Preliminary Claim Constructions and Extrinsic Evidence for
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`the asserted claims of U.S. Patent Nos. 7,170,519, 7,447,686, and 8498,996.
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`I.
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`
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`RESERVATIONS
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`SAS reserves its right to supplement this disclosure, including the right to add to, or
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`remove from or otherwise modify or amend its proposed claim constructions and extrinsic
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`evidence to the extent allowed by applicable law, rule, order or other practice or agreement.
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`SAS may further supplement this disclosure in light of positions that Defendants World
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`Programming Limited (“WPL”), Yum! Brands, Inc. (“Yum”), or Pizza Hut, Inc. (“Pizza Hut”)
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`(collectively, “Patent Defendants”) take in this litigation. Such positions may require the Court
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`to construe other claim terms in addition to the ones provided herein. SAS’s investigation is
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`1
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`World Programming Limited EXHIBIT 1011
`Page 1 of 11
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`continuing and the proposals and disclosures herein are based on information available to SAS at
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`this time.
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`For the avoidance of doubt, SAS expressly reserves the right to propose additional claim
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`terms or otherwise propose supplemental or amended constructions in view of the fact that the
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`Patent Defendants served amended P.R. 4-1 disclosures on July 25, 2019 which added numerous
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`claim terms for first time.
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`SAS further expressly reserves the right to identify additional extrinsic evidence,
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`including expert testimony, as claim construction proceeds in view of any contentions made or
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`information disclosed by the Patent Defendants, including, for example, in rebuttal to their claim
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`construction positions, and/or extrinsic evidence, including expert testimony, they may present in
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`support of their proposed claim constructions, including arguments concerning the “ordinary
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`meaning” of claim terms.
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`SAS reserves the right to rely on testimony from William Rosenblatt in support of any of
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`its proposed claim constructions or claim construction arguments. The substance of such expert
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`testimony may include a description of Mr. Rosenblatt’s qualifications, a description of the state
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`of the art around the time of any of the patents-in-suit’s priority dates, a description of one of
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`ordinary skill in the art with respect to the patents-in-suit, a discussion of why a proposed
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`construction of a claim term comports with the plain and ordinary meaning of that term to one of
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`ordinary skill in the art or comports with the patent’s specification or file history, or a discussion
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`about why a proposed construction of a claim term deviates from the plain and ordinary meaning
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`of that term to one of ordinary skill in the art or deviates from the patent’s specification or file
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`history.
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`2
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`Page 2 of 11
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`SAS reserves the right to ask Mr. Rosenblatt to opine on any claim construction issue for
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`which the Patent Defendants may provide expert testimony. SAS further reserves the right to
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`call Mr. Rosenblatt as a live witness at the Claim Construction Hearing should the Patent
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`Defendants request, and be permitted, to call any live witnesses at the Claim Construction
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`Hearing or should Mr. Rosenblatt’s testimony otherwise aid the Court.
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`II.
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`PRELIMINARY PROPOSED CLAIM CONSTRUCTIONS
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`SAS’s preliminary proposals for claim construction of the disputed claim terms and
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`identification of supporting extrinsic evidence is attached as Exhibit A. Identification of a term,
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`phrase, or clause for construction applies equally to variations or other instances of that term,
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`phrase, or clause in any of the asserted claims in the Patents-in-Suit, unless otherwise stated.
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`SAS’s identification of supporting extrinsic evidence is exemplary. SAS reserves the right to
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`rely on any extrinsic evidence no expressly identified, for example, to respond to the Patent
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`Defendants’ proposed constructions, in connection with their Patent Local Rule 4-2 disclosures
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`or otherwise, and to respond to their claim construction arguments. SAS also reserves the right
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`to rely on any extrinsic evidence cited by the Patent Defendants in support of their proposed
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`constructions.
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`
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`Pursuant to P.R. 4-2(c), SAS will be available to “meet and confer for the purposes of
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`narrowing the issues and finalizing preparation of a Joint Claim Construction and Prehearing
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`Statement” in advance of the deadline for the parties’ joint Patent Rule 4-3 filing.
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`
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`Dated: July 30, 2019
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`3
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`Respectfully submitted,
`
`/s/ Jason W. Cook
`Michael C. Smith
`Texas Bar No. 18650410
`Siebman, Forrest, Burg & Smith, LLP
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`World Programming Limited EXHIBIT 1011
`Page 3 of 11
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`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
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`Page 4 of 11
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that a true and correct copy of the foregoing has been forwarded to all counsel of
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`record on this 30th day of July 2019, via electronic mail.
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`
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`/s/ Shaun W. Hassett
`Shaun W. Hassett
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`5
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`Page 5 of 11
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`6
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`Expert testimony of William Rosenblatt
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`Expert testimony of William Rosenblatt
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`Expert testimony of William Rosenblatt
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`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
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`Governed by 35 U.S.C. § 112 ¶ 6.
`thereof.
`486, data source 534, and equivalents
`Structure: data source 460, data engine
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`
`
`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
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`“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”
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`U.S. PATENT NO. 7,170,519
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`World Programming Limited EXHIBIT 1011
`Page 6 of 11
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`Expert testimony of William Rosenblatt
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`Expert testimony of William Rosenblatt
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`Expert testimony of William Rosenblatt
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`7
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`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
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`
`
`
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`
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`Governed by 35 U.S.C. § 112 ¶ 6.
`
`
`
`thereof.
`software module 36, and equivalents
`30, implementing at least graph generator
`Structure: computer-implemented system
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`a non-textual format
`Function: receiving data to be displayed in
`
`
`
`
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`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
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`
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`from a data file
`Function: retrieving graph style data items
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`
`
`
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`“the graph generator module”
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`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
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`items from a data file”
`“means for retrieving graph style data
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`in a non-textual format”
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`World Programming Limited EXHIBIT 1011
`Page 7 of 11
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`8
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`Not governed by 35 U.S.C. § 112 ¶ 6.
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`World Programming Limited EXHIBIT 1011
`Page 8 of 11
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`9
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`Expert testimony of William Rosenblatt
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`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”
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`U.S. PATENT NO. 7,447,686
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`World Programming Limited EXHIBIT 1011
`Page 9 of 11
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`
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`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
`Expert testimony of William Rosenblatt
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`Standards Terms, 7th Ed.
`The Authoritative Dictionary of IEEE
`Expert testimony of William Rosenblatt
`
`
`
`
`Expert testimony of William Rosenblatt
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`Expert testimony of William Rosenblatt
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`
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`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
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`U.S. PATENT NO. 8,498,996
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`World Programming Limited EXHIBIT 1011
`Page 10 of 11
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`11
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`Expert testimony of William Rosenblatt
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`Expert testimony of William Rosenblatt
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`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.
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`
`
`Expert testimony of William Rosenblatt
`
`Plain and ordinary meaning
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`Expert testimony of William Rosenblatt
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`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
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`World Programming Limited EXHIBIT 1011
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