Case 1:20-cv-00034-ADA Document 69 Filed 06/02/20 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`ANCORA TECHNOLOGIES, INC.,
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., LG
`ELECTRONICS U.S.A., INC.,
`SAMSUNG ELECTRONICS
`AMERICA, INC., SAMSUNG
`ELECTRONICS CO., LTD.,
`Defendants
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL NO. 1-20-CV-00034-ADA
`
`FINAL CLAIM CONSTRUCTIONS OF THE COURT
`
`The Court provided preliminary constructions on May 28, 2020. The Court held a claim
`
`construction hearing on May 29, 2020, in which the Court heard argument on the following
`
`claim terms: (1) the Order of the Claim 1 steps; (2) “license” / “license record”; (3) “using an
`
`agent to set up a verification structure in the erasable, non-volatile memory of the BIOS”; (4)
`
`“set up a verification structure”; and (5) “acting on the program according to the verification.”
`
`ECF No. 66. After careful consideration of the parties’ briefs, oral argument, and the applicable
`
`law, the Court enters its final constructions for each term as shown below.
`
`Claim Term
`
`Court’s Final Construction
`
`Claims 1, 3, 7, 9, 12, 16
`“non-volatile memory”
`
`“memory whose data is maintained when the power is
`removed or voltage is too low”
`
`SAMSUNG EX. 1012 - 1/5
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`ANCORA TECHNOLOGIES, INC.,
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., LG
`ELECTRONICS U.S.A., INC.,
`SAMSUNG ELECTRONICS
`AMERICA, INC., SAMSUNG
`ELECTRONICS CO., LTD.,
`Defendants
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL NO. 1-20-CV-00034-ADA
`
`FINAL CLAIM CONSTRUCTIONS OF THE COURT
`
`The Court provided preliminary constructions on May 28, 2020. The Court held a claim
`
`construction hearing on May 29, 2020, in which the Court heard argument on the following
`
`claim terms: (1) the Order of the Claim 1 steps; (2) “license” / “license record”; (3) “using an
`
`agent to set up a verification structure in the erasable, non-volatile memory of the BIOS”; (4)
`
`“set up a verification structure”; and (5) “acting on the program according to the verification.”
`
`ECF No. 66. After careful consideration of the parties’ briefs, oral argument, and the applicable
`
`law, the Court enters its final constructions for each term as shown below.
`
`Claim Term
`
`Court’s Final Construction
`
`Claims 1, 3, 7, 9, 12, 16
`“non-volatile memory”
`
`“memory whose data is maintained when the power is
`removed or voltage is too low”
`
`SAMSUNG EX. 1012 - 1/5
`
`
`
`Case 1:20-cv-00034-ADA Document 69 Filed 06/02/20 Page 2 of 5
`
`Court’s Final Construction
`
`
`The portion of the preamble reciting “a method of
`restricting software operation within a license . . . .” is
`non-limiting, and the term “license” does not need to
`be construed.
`
`Court’s Final Construction
`
`
` “data associated with a licensed program with
`information for verifying that licensed program”
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning wherein the plain and
`ordinary meaning is “memory whose data is not
`maintained when the power is removed”1
`
` 1
`
` Footnote not for the jury. “For the corner case where
`the hard disk drive is used as virtual RAM, the data is
`not accessible by normal means after the power is
`removed.”
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning wherein the plain and
`ordinary meaning is “An acronym for Basic Input /
`Output System. It is the set of essential startup
`operations that begin to run automatically when a
`computer is turned on, which test hardware, starts the
`operating system, and support the transfer of data
`among hardware devices”
`
`
`Claim Term
`
`Preamble
`“license”
`
`
`
`
`
`
`Claim Term
`
`Claims 1, 3, 6, 8-9, 14, 16
`“license record”
`
`
`
`
`
`
`Claim Term
`
`Claims 1,6,9,11
`“volatile memory”
`
`
`
`
`
`
`
`Claim Term
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`Claims 1,3,7,9,12,16
`“BIOS”
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`
`
`
`
`
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`
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`SAMSUNG EX. 1012 - 2/5
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`Case 1:20-cv-00034-ADA Document 69 Filed 06/02/20 Page 3 of 5
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`Court’s Final Construction
`
`
`This term does not require construction.
`
`Court’s Final Construction
`
`
` “a set of instructions that can be executed by a
`computer”
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning, wherein the plain and
`ordinary meaning “agent” is “a software program or
`routine”
`
`Claim Term
`
`Claims 1
`“non-volatile memory of the
`BIOS [Plaintiff]
`
`“memory of the BIOS’
`[Defendant]
`
`
`
`
`
`Claim Term
`
`Claims 1 ,3, 6, 9-10, 14, 16
`“program”
`
`
`
`Claim Term
`
`Claims 1, 6
`“selecting a program residing
`in the volatile memory”
`
`
`
`
`
`
`Claim Term
`
`Claims 1
`“using an agent to set up a
`verification structure in the
`erasable, non-volatile memory
`of the BIOS”
`
`
`
`
`
`
`
`
`
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`SAMSUNG EX. 1012 - 3/5
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`Case 1:20-cv-00034-ADA Document 69 Filed 06/02/20 Page 4 of 5
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`Court’s Final Construction
`
`
`“establishing or certifying the existence of a pseudo-
`unique key and establishing at least one license-record
`location”1
`
` 1
`
` Footnote not for the jury. “Establishing at least one
`license-record location” may include the steps of
`“forming a license-record by at least partially
`encrypting the contents used to form a license-record
`with other predetermined data contents, using at least
`part of the pseudo-unique key; and storing the
`encrypted license-record”
`
`Court’s Final Construction
`
`
`“confirming whether a program is licensed using at
`least the verification structure”
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning, wherein the step of
`“acting on the program” may include, but is not limited
`to, “restricting the program's operation with
`predetermined limitations, informing the user on the
`unlicensed status, halting the operation of the program
`under question, and asking for additional user
`interactions.”
`
`
`Claim Term
`
`Claims 1,3,7,14
`“set up a verification
`structure”
`
`
`
`Claim Term
`
`Claims 1,9, 16
`“verifying the program using
`at least the verification
`structure
`
`
`Claim Term
`
`Claims 1,10
`“acting on the program
`according to the verification”
`
`
`
`
`
`
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`
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`SAMSUNG EX. 1012 - 4/5
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`Case 1:20-cv-00034-ADA Document 69 Filed 06/02/20 Page 5 of 5
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`Claim Term
`
`
`Order of the Claim 1 Steps
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`
`
`
`
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`Claim Term
`
`Court’s Final Construction
`
`
`Use of the verification structure, as described in
`Limitation 3, cannot complete until the “set up a
`verification structure” step has completed, as described
`in Limitation 2. “Acting on the program according to
`the verification,” as described in Limitation 4, cannot
`complete until the “verifying the program” is
`completed as described in Limitation 3. The “selecting
`a program residing in the volatile memory” as
`described in Limitation 1 can occur at any time.1
`
`Court’s Final Construction
`
`
`Plain and ordinary meaning
`
`Claim 7
`“first non-volatile memory
`area of the computer”
`
`The Parties agreed to the following claim constructions:
`Claim Term
`Court’s Final Construction
`
`This portion of the preamble is limiting
`
`“a computer including an
`erasable, non-volatile memory
`area of the BIOS of the
`computer, and a volatile
`memory area”
`“using the key”
`
`
`“using a pseudo-unique key”
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`SIGNED this 2nd day of June, 2020.
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`• Limitation 1 = “selecting a program residing in the volatile memory”
`• Limitation 2 = “using an agent to set up a verification structure in the erasable, non-volatile memory of the
`BIOS, the verification structure accommodating data that includes at least one license record.”
`• Limitation 3 = “verifying the program using at least the verification structure from the erasable non-volatile
`memory of the BIOS,” and
`• Limitation 4 = “acting on the program according to the verification”
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`
`
` 1
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`
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`SAMSUNG EX. 1012 - 5/5
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