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United States District Court,S.D. California.

LUCENT TECHNOLOGIES, INC., and Multimedia Patent Trust,Plaintiffs.v.MICROSOFT CORPORATION,Defendant.And Related Claim,And Related Claims.

No. 06-CV-0684-H (CAB)

Nov. 13, 2007.

David A. Hahn, Hahn and Adema, San Diego, CA, Howard D. Shatz, James E. Marina, John M. Desmarais,Michael P. Stadnick, Paul A. Bondor, Robert A. Appleby, Elizabeth T. Bernard, Jennifer J. Schmidt, JonasReale McDavit, Jordan N. Malz, Todd M. Friedman, William C. Mercer, Kirkland and Ellis, LLP, NewYork, NY, Carl J. Blickle, Kirkland & Ellis, LLP, Chicago, IL, Corey J. Manley, Karen Michelle Robinson,Valerie Gutmann, William Fink, Kirkland & Ellis, LLP, Washington, DC, for Plaintiffs/Counter-Defendant.

John P. Schnurer, Christopher Scott Marchese, John E. Gartman, Shekhar Vyas, Desa L. Burton, Jaime Olin,Joseph Patrick Reid, Juanita R. Brooks, Lara Sue Garner, Fish and Richardson, San Diego, CA, Erik M.Andersen, Payne and Fears, Irvine, CA, Alan D. Albright, Bradley D. Coburn, Conor M. Civins, Roger A.Denning, Ross Spencer Garsson, Fish and Richardson, Austin, TX, Andrew R. Kopsidas, Fish andRichardson, Washington, DC, Cathy L. Reese, Linhong Zhang, Raymond N. Scott, Jr., Richard C.Weinblatt, Fish & Richardson P.C., Wilmington, DE, Irene E. Hudson, Fish and Richardson, New York,NY, John M. Farrell, Fish & Richardson, PC, Redwood City, CA, John M. Helms, Fish & Richardson,Dallas, TX, Brian M. Rostocki, Sean T. O'Kelly, Cross & Simon, LLC, Wilmington, DE, for Defendant.

CLAIM CONSTRUCTION ORDER FOR UNITED STATES PATENT NUMBERS: 5,227,878;6,412,004; 6,438,217; 5,438,433; 5,917,499; 6,339,794; 5,764,913; 6,565,608; 5,941,947; 5,838,319; and

5,977,971

MARILYN L. HUF, District Judge.

This case involves eleven United States patents: 5,227,878 ("Puri ' 878"); 6,412,004 ("Chen '004");6,438,217 ("Huna '217"); 5,438,433 ("Reifman ' 433"); 5,917,499 ("Jancke '499"); 6,339,794 ("Bolosky'794"); 5,764,913 ("Jancke '913"); 6,565,608 ("Fein '608"); 5,941,947 ("Brown "7"); 5,838,319 ("Guzak'319"); and 5,977,971 ("Guzak '971"). Multimedia Patent Trust ("MPT") is asserting Puri '878 againstMicrosoft Corp. ("Microsoft"), while Microsoft is asserting the remaining ten patents against LucentTechnologies, Inc. ("Lucent") and Alcatel-Lucent. Lucent was the original plaintiff in this case, but afterLucent created MPT and assigned certain patents to it, the Court granted leave under Federal Rule of CivilProcedure 25(c) for Lucent to add MPT as a party. ( See Doc. No. 45.)

On October 19, 2007, the Court held a tutorial with respect to all eleven patents. ( See Doc. No. 101.) Theparties have submitted their joint claim construction worksheets, joint claim construction charts,simultaneous opening briefs, simultaneous responsive briefs, and supporting declarations and exhibits. ( See



Doc. Nos. 94-97, 99, 102-32, 137-44). On November 7, 2007, the Court issued a tentative claimconstruction to aid the parties in preparing for oral argument. (Doc. No. 146.) On November 9, 2007, theCourt held a hearing on the claim construction for all eleven patents. ( See Doc. No. 150.) Robert Appleby,Paul Bondor, James Marina, and Karen Robinson appeared on behalf of MPT and Lucent. Scott Partridgeappeared on behalf of Alcatel-Lucent. John Gartman, Chrisopher Marchese, Shekhar Vyas, AndrewKopsidas, and Raymond Scott appeared on behalf of Microsoft. At the hearing, the Court invited the partiesto file their demonstrative materials with the Court.

The Court has considered the authorities, evidence, and arguments offered by the parties and preparedconstructions for all of the claim language at issue. The Court adopts the constructions attached asAppendices A through J.

Where the Court provides both "function" and "structure" headings within an entry, the Court construes thelanguage as a "mean-plus-function" element in accordance with 35 U.S.C. s. 112 para. 6. Where the Courtindicates "no construction necessary," the Court concludes both that the patent uses the term in a mannerconsistent with its ordinary meaning and that the term does not appear to require construction. See, e.g.,Biotech Biologische Naturverpackungen GmbH & Co. KG v. Biocorp, Inc., 249 F.3d 1341, 1349(Fed.Cir.2001) (holding that district court did not fail to uphold its duty to construe claim language whenthe meaning of "melting" did not "appear to have required 'construction,' or [departed] from its ordinarymeaning."). Unless otherwise indicated, the Court only construes language once for a given patent andintends that the language shall be construed consistently throughout that patent. Except as explained inAppendix J for the Guzak patents, a construction is applicable only to the patent for which it is offered.

Attachments:APPENDIXA

Puri '878

APPENDIXB

Chen '004

APPENDIXC

Huna '217

APPENDIX D Reifman '433APPENDIXE

Jancke '499

APPENDIXF

Bolosky '794

APPENDIXG

Jancke '913

APPENDIXH

Fein '608

APPENDIXI

Brown "7

APPENDIXJ

Guzak '319 andGuzak '971

IT IS SO ORDERED.

APPENDIX A (Puri '878 Patent)

Claim 13 (language for which parties proposed a construction in bold):

An apparatus for decoding a compressed digital video signal, comprising:



a means for receiving a compressed digital video bit stream; and

a means responsive to a motion compensation type signal for selectively and adaptively performingmotion compensated decoding of frames of the compressed digital video bit stream and fields of thecompressed video bit stream.

ClaimLanguage

MPT Microsoft Court's Construction

"means forreceiving acompresseddigital videobit stream"

Function:receiving acompresseddigital video bitsteam

Function: receiving a compressed digitalvideo bit steam

Function: receiving acompressed digitalvideo bit steam

Structure: inputline 50 (as shownin Fig. 2 anddescribed at col14, lines 8-10)

Structure: input line 50 (as shown in Fig. 2and described at col 14, lines 5-10)

Structure: input line 50(as shown in Fig. 2 anddescribed at col. 14,lines 8-10)

[COMMENT-Microsoftwants the structure toinclude additionalspecification languagealso describing thedecoder in general andreferring to the encoder.The function is"receiving" a bit stream.While the bit streammay be essential tooperation of theinvention, the encodingand decoding of that bitstream is not necessaryto perform the recitedfunction of receiving it.See CardiacPacemakers, Inc. v. St.Jude Medical, 296 F.3d1106, 1119(Fed.Cir.2002) (need allstructure that performsfunction, but not allthings necessary toinvention).]

"motioncompensationtype signal"

a signal thatidentifies one oftwo or moreavailable modesof motioncompensation tobe used in

the signal from the compressed digitalvideo bit stream that identifies whichmotion compensation mode is used fordecoding, where the motion compensationmodes are completely independent ofwhether the decoder is to decode frames orfields

a signal that identifiesone of two or moreavailable modes ofmotion compensation tobe used in motioncompensated decodingof a video signal



be used inproducing anestimate of avideo signal.

fields of a video signal

[COMMENT-See Note1 after this chart.]

"selectively" selected/selectingfrom among twoor more options

no construction necessary in a manner that selectsfrom among two ormore options[COMMENT-Althoughthe parties seem to agreethat the term is used inits ordinary meaning, adefinition would help toprovide a distinctionfrom "adaptively."]

"adaptively" adjusted/adjustingto the videosignal

changing the motion compensation modebased on whether field or frame coding isused

in a manner thatchanges in response tothe motioncompensation typesignal[COMMENT-This isrelated to the issues with"motion compensationtype signal." See Note 1after this chart.]

"motioncompensateddecoding"

a process ofdecoding videothat uses motionvectors toproducepredictions of avideo signal

reversing the effect of previous motioncompensated encoding, where thatencoding included the use of motionvectors to produce estimates of videosignals

decoding a compressedvideo signal using datarepresenting motionvectors that wasproduced andtransmitted during thecompression process,where "decoding"means taking acompressed version of avideo signal andreproducing either theoriginal video signal oran estimate of theoriginal video signal[COMMENT-Microsoft's "reversal"language is overlylimiting and could causeconfusion. MPT'salternative, however,does not take intoaccount [ ] languagesurrounding the sectionthey cite at (2:19-28).[ ]Also, MPT does not



suggest a meaning for"decoding."Construction of"decoding" is needed,particularly to aid inidentifying the structurebelow.]

"decoding" NONEOFFERED

taking a compressed version of a videosignal and reproducing either the originalvideo signal or an estimate of the originalvideo signal

[COMMENT-See note2 after this chart.]

"selectively andadaptivelyperformingmotioncompensateddecoding"

no constructionnecessary oncecomponent termsconstructed asdescribed above

performing motion compensated decoding,choosing among decoding methods andadjusting decoding based on an input suchthat the motion compensation mode changesbased on whether field or frame coding isused

performing motioncompensated decodingin a manner that selectsfrom among two ormore options and thatchanges in response tothe motioncompensation typesignal

"meansresponsive toa motioncompensationtype signalforselectivelyandadaptivelyperformingmotioncompensateddecoding offrames of thecompresseddigital videobit streamand fields ofthecompressedvideo bitstream"

Function:selectively andadaptivelyperformingmotioncompensateddecoding offrames of thecompresseddigital video bitstream and fieldof thecompressed videobit stream

Function: in response to the motioncompensation type signal, selectively andadaptively reversing the effect of previousmotion compensated encoding, where thatencoding included the use of motionvectors to produce estimates of videosignals by choosing among decodingmethods and adjusting the decoding basedon an input

Function: selectivelyand adaptivelyperforming motioncompensated decodingof frames of thecompressed digitalvideo bit stream andfields of the compressedvideo bit stream

Structure:Decoder anddemultiplexer 54,IDCT 72, blockunformatter 72A,summing element74, and

Structure: circuit 100 (as shown in Fig. 2and its internal circuitry as shown in Figs.3, 4A, and 4B and as described at col. 15line 22 to col. 18 line 10); circuit 94 (asshown in Fig. 2 and the circuitry withincircuit 94 as shown and described in Figs.15, 16A, and 16B, and the description of

[COMMENT-The"responsive" limitationmodifies the means, notthe function. Termsshould be furtherconstrued as discussedabove.]



estimation circuit100 (as shown inFig. 2 anddescribed at14:15-18, 14:45-61, 15:27-28,15:35-41)

circuit 94 and its internal circuitry set forthin col. 15 lines 11-28 and in col. 25 line 26to col. 27 line 34); summing element 92;picture stores 100C and 100A; circuit 54(as shown in Fig. 2, and as described inFig. 12 and at col. 14 lines 5-68 and col.24 lines 47-60); circuit 64 (as shown inFig. 2 and its internal circuitry as shown inFig. 14, and as described at col. 14 lines 5-68 and col. 25 lines 9-25); circuit 66 (asshown in Fig. 2 and its internal circuitry asshown in Fig. 13, and as described at col.14 lines 5-68 and at col. 24 line 61 to col.25 line 8); circuit 72 (as shown in Fig. 2and as described at col. 14 lines 5-68);circuit 66A (as shown in Fig. 2 and asdescribed at col. 14 lines 40-55); circuit 80(as shown in Fig. 2 and as described at col.15 lines 4-10); circuit 60 (as shown in Fig.2 and as described at col. 14 lines 37-55);circuit 72A (as shown in Fig. 2 and itsinternal circuitry as shown in Fig. 7, andas described at col. 14 lines 5-68 and col.19 lines 19-38); summing element 74 (asshown in Fig. 2 and as described at col. 14lines 5-68); and including all inputs,outputs, and interconnections of theseelements

Structure: circuit 100(as shown in Fig. 2 andits internal circuitry asshown in Figs. 3, 4A,and 4B and as describedat col. 15 line 22 to col.18 line 10); circuit 94(as shown in Fig. 2 andthe circuitry withincircuit 94 as shown anddescribed in Figs. 15,16A, and 16B, and thedescription of circuit 94and its internal circuitryset forth in col. 15 lines11-28 and in col. 25 line26 to col. 27 line 34);summing element 92;picture stores 100C and100A; circuit 54 (asshown in Fig. 2, and asdescribed in Fig. 12 andat col. 14 lines 5-68 andcol. 24 lines 47-60);



circuit 80 (as shown inFig. 2 and as describedat col. 15 lines 4-10);and including allinterconnections ofthese elements[COMMENT-See note2 after this chart.]

NOTE 1: Additional discussion for " motion compensation type signal " and " adaptively: "

Microsoft would like to limit the "motion compensation type signal" so that "the motion compensationmodes are completely independent of whether the decoder is to decode frames or fields." They also seek tolimit "adaptively" to changes "based on whether field or frame coding is used." Both of these terms relate tothe same or similar statements in the specification and an amendment made in the course of the prosecutionhistory.

While prosecuting the patent, the patentee amended claim 13 in response to a prior art rejection due to the"Krause patent" (new terms underlined and deleted terms in brackets):

An apparatus for decoding a compressed digital video signal, comprising:

a means for receiving a compressed digital video bit stream; and

a means responsive to a motion compensation [coding] type signal for selectively and adaptively performingmotion compensated decoding of frames of the compressed digital video bit stream and fields of thecompressed video bit stream.

(Decl. Jennifer Schmidt Supp. MPT's Claim Construction Brief Concerning Puri '878 ("Schmidt Decl.") Ex.9 at LUC 1102881.) The patentee explained that:

[T]he motion compensation in the Krause patent is performed in the same manner regardless of whetherfield processing or frame processing is chosen for encoding. There is no need to produce two different kindsof motion vectors for the motion compensation arrangement in the Krause patent and according there is nosuch production of motion vectors.

...

The decoder referred to in the Krause patent does not involve any adaptive motion compensated decoding ofan input bit stream, and does not need such decoding capability, because there is no adaptive motioncompensated coding of video in the encoder shown in the Krause patent. The motion compensation has noadaption capability in the Krause patent because ... the motion compensation does not change regardless ofwhether field coding or frame coding is used, as discussed above.

(Schmidt Decl. Ex. 9 at 1102887-88.)

Microsoft argues that this amendment makes clear that the motion compensation type signal does notspecify whether to decode frames or fields. While the amendment replaced "coding type signal" with"motion compensation type signal," nowhere does it state that a motion compensation type signal cannot bedetermined in accordance with the coding type. As MPT points out, the specification indicates thatdifferent motion compensation types may be selected depending on whether frame or field data is beingencoded and decoded. Microsoft also argues for its approach based on the specification, which states that:



"Two basic quantization and coding modes are allowed for a macroblock: frame coding and field coding.These quantization and coding modes are completely independent of the motion-compensation modes."(5:57-61.) This does not require the inverse proposition, that motion-compensation modes arecompletely independent of the coding modes. Furthermore, while it may be true that motioncompensation modes and coding modes are "independent" in the sense that they are conveyed bylogically separate signals that follow separate paths in the block diagrams, stating that they are"completely independent" could lead to a misunderstanding inconsistent with the specification. It isclear from the circuitry of Fig. 4, for example, that certain motion compensation modes are specific tofield or frame coding.

MPT's approach with respect to "motion compensation type signal," which argues that the signal is notnecessarily independent of the coding mode, is persuasive. Rather than referring to production of"estimates" of a video signal, however, the tentative construction cross-references the language of motioncompensated decoding.

Microsoft points out, quite reasonably, that "adaptively" must be distinguished from "selectively" since itwas added to limit the claim during prosecution and should be given some independent meaning, butMicrosoft's proposed construction would read too much into "selectively." Microsoft's argument thatthe specification speaks primarily in terms of the "invention" is not supported; nearly all of their citations tothe word "invention" are actually references to an "example of" the invention. [ ]

With "adaptively," a middle ground is necessary. Although the patentee used "adaptively" in a variety ofcontexts, here it is clear that "adaptively" specifically refers to the performance of motion compensatedencoding, and the context makes clear that this adaptation occurs in response to the motion compensationtype signal. Beyond that, however, Microsoft's proposed limitations lack support.

NOTE 2:

In identifying the structure for the means-plus-function element at issue here, the Court has balanced twoprimary considerations. First, the corresponding structure includes all structure that actually performs thestated function while excluding structure that does not perform the stated function. See, e.g., NorthropGrumman Corp. v. Intel Corp., 325 F.3d 1346, 1352-53 (Fed.Cir.2003). Second, it is appropriate to give anindependent claim broader scope than a dependent claim so that the dependent claim will not be redundant.See, e.g., Phillips v. AWH Corp., 415 F.3d 1303, 1324-25 (Fed.Cir.2005) (citing Dow Chem. Co. v. UntiedStates, 226 F.3d 1334, 1341-42 (Fed.Cir.2000)). The Court therefore sought an approach would include allstructure necessary to perform the stated decoding function without rendering any of dependent claims 14through 17 redundant.

To make this determination, it is necessary to have a clear definition of "decoding," particularly given thatthis term is used in varying contexts throughout the patent. "Decoding," and similar terms like "decoded,"are used to refer both to the overall process of recovering the transmitted video signal, and for individualsteps within the process where particular parts of the signal are decoded. For example, at Col. 14:31-35,Fig. 2 element 54 decodes only a particular "differential DC coefficient" rather than the whole signal.Similarly, in Claim 15 the patent refers to both a "decoded estimate error signal" and a "decoded videosignal," suggesting at least two different forms of decoding. Claim 13 makes clear that it uses "decoding" inreference to frames or fields, i.e. entire segments of the video signal.

Claim 15 recites a means for producing a motion compensated estimate of a decoded video signal, a meansfor producing an estimate error signal, and a means for producing a decoded video signal in response tothese two estimates. This suggests that decoding the video signal may be broader than both of thesefunctions.



The specification indicates that the decoder of Fig. 2 may operate in at least two general modes of operation."The output of the inverse discrete cosine transform circuit 72 in Fig. 2 is a decoded version of either thevideo signal on input line 10 in the case of I-pictures and intra coded portions of P- and B-pictures or it is adecoded version of the estimate error signal on line 13 in Fig. 1." 14:50-55; see also 15:42-46 (indicatingthat the estimate signal from circuit 100 is disconnected from the output when "I-pictures are being decodedor when intra coded portions of P- and B-pictures are involved"). In one mode, therefore, the decoded videosignal is produced directly from circuit 72. When circuit 72 instead produces an estimate error signal, it iscombined with the motion compensated estimate to produce a signal analogous to the original video input.See 14:64-69; 15:35-46. This later mode of operation, where the estimate error signal is used incombination with the motion compensated estimate, appears to correspond to the apparatus described inClaim 15.

This leaves the question of which mode or modes of operation correspond to the apparatus recited in Claim13. Since Claim 13 is limited to motion compensated decoding, it does not make sense to include the firstmode of operation, in which the output of estimation circuit 100 is disconnected. Including the production ofboth the estimate error and motion compensated estimate, however, would render Claim 15 redundant.Therefore, the Court concludes that Claim 13 involves the production of the motion compensated estimate.While Claim 15, as a whole, should be construed as being narrower that Claim 13, the Court concludes thatthe second means-plus-function element of Claim 13 is broader than the first means-plus-function elementof Claim 15, standing alone. The former speaks in terms of "motion compensated decoding" while the latteris limited to production of a "motion compensated estimate." The Court concludes that the former is broaderand therefore includes certain elements here that are not included in the structure of the first means-plus-function in Claim 15.


The apparatus of claim 13, in which the decoding means comprises:

a means responsive to a motion compensation type signal and selectively responsive to frame motionvectors and field motion vectors for producing an adaptive motion compensated estimate of a decodedvideo signal; and

a means responsive to the compressed digital video bit stream for producing a decoded estimate errorsignal; and

a means responsive to the adaptive motion compensated estimate and the estimate error signal forproducing a decoded video signal.

Claim Language MPT Microsoft Court's Construction"The apparatusof claim 13, inwhich thecoding meanscomprises:"

noconstructionnecessary

In addition to the elements set forthin claim 15 itself, claim 15 includesall elements of claim 13.

no construction necessary

[COMMENT-Instructionsregarding interpretation ofdependent claims may bedetermined at an appropriate timein the future.]

"motioncompensationtype signal"

Same asdiscussed forclaim 13 above.



"selectively" Same asdiscussed forclaim 13 above.

"adaptive" Same asdiscussed for"adaptively"in claim 13above .

capable of changing in response tothe motion compensation typesignal

[COMMENT-Merely changedfrom adverb to adjective form.]

"frame motionvectors"

motionvectors forproducing anestimate ofpixelsorganized ina frame-based manner

motion vectors used in frame-basedmotion compensated encoding

motion vectors for producingsignals representing frames ofpicture elements

[COMMENT-Claim 12 suggestsa definition for frame/fieldmotion vectors. For these terms,the Court's construction adaptslanguage from Claim 12,recognizing MPT's concern thatboth Microsoft's language and thetentative construction mightcreate confusion between thedecoding and encodingprocesses.]

"field motionvectors"

motionvectors forproducing anestimate ofpixelsorganized ina field-basedmanner

motion vectors used in field-basedmotion compensated encoding

motion vectors for producingsignals representing fields ofpicture elements.

[COMMENT-See previouscomment.]

"decoded videosignal"

noconstructionnecessary; oralternatively"a videosignal thathas beendecoded"

video signal that is reconstructed byreversing the effect of the previousencoding of that video signal

a video signal that has beendecoded

[COMMENT-Language of"reversing" the process haspotential for confusion.]

"means Function: Function: producing an adaptive Function: producing an adaptive



responsive to amotioncompensationtype signal andselectivelyresponsive toframe motionvectors andfield motionvectors forproducing anadaptivemotioncompensatedestimate of adecoded videosignal"

producing anadaptivemotioncompensatedestimate of adecodedvideo signal.

motion compensated estimate of adecoded video signal, i.e. a videosignal that is reconstructed byreversing the effect of previousencoding of that video signal, byresponding to the motioncompensation type signal andchoosing whether to respond toframe vectors, i.e. motion vectorsused in frame-based motioncompensated encoding, or fieldmotion vectors, i.e. motion vectorsused in field-based motioncompensated encoding.

motion compensated estimate ofa decoded video signal

Structure:estimationcircuit 100(as shown inFig. 2 anddescribed atcol 15, lines27-28, 35-41)

Structure: circuit 100 (as shown inFig. 2 and its internal circuitry asshown in Figs. 3, 4A, and 4B andas described at col. 15 line 22 tocol. 18 line 10); circuit 94 (asshown in Fig. 2 and the circuitrywithin circuit 94 as shown anddescribed in Figs. 15, 16A, and16B, and the description of circuit94 and its internal circuitry set forthin col. 15 lines 11-28 and in col. 25line 26 to col. 27 line 34); summingelement 92; and, picture stores100C and 100A; including allinputs, outputs, andinterconnections of these elements

[COMMENT-Additionalconstruction of function notnecessary once above terms areconstrued. The "responsive"modifiers refer to the means, notthe function.]

Structure: circuit 100 (as shownin Fig. 2 and its internal circuitryas shown in Figs. 3, 4A, and 4Band as described at col. 15 line 22to col. 18 line 10); [ ] and picturestores 100C and 100A; includinginterconnections of theseelements[COMMENT-The Court narrowsthe structure from the tentativeconstruction, noting that since themeans is responsive to motionvectors, it is not necessary toinclude the structure thatreconstructs the motion vectors,such as elements 94 and 92. Thisalso provides a clearer distinctionfrom the structure in Claim 13.The Court rejects Microsoft's



proposed inclusion of allinputs/outputs, since these mightincorporate other parts of thedecoder not needed here.]

"a meansresponsive tothe compresseddigital videobit stream forproducing adecodedestimate errorsignal"

Function:producing adecodedestimateerror signal

Function: producing the decodedestimate error signal in response toa compressed digital video bitstream by reversing the effect ofprevious encoding of the decodedestimate error signal

Function: producing a decodedestimate error signal

Structure:decoder anddemultiplexer54, IDCT 72,blockunformatter72A (asshown in Fig.2 anddescribed atcol. 14, lines15-18, 45-60)

Structure: (as shown in Figs. 2, 7,12, 13, and 14 and as described atcol.14 lines 5-68, at col. 19 lines19-38, and at col. 24 line 47 to col.25 line 25): circuit 54; circuit 64(see Fig. 14 for internal circuitry);circuit 66 (see Fig. 13 for internalcircuitry); and circuit 72, circuit72A (see Fig. 7 for internalcircuitry); and including all inputs,outputs, and interconnections


Structure: (as shown in Figs. 2, 7,12, 13, and 14 and as described atcol.14 lines 5-68, at col. 19 lines19-38, and at col. 24 line 47 tocol. 25 line 25): circuit 54; circuit64 (see Fig. 14 for internalcircuitry); circuit 66 (see Fig. 13for internal circuitry); circuit 72;and circuit 72A (see Fig. 7 forinternal circuitry); and allinterconnections between theseelements[COMMENT-This mainly adoptsMicrosoft's construction, butremoves reference to all "inputs"and "outputs" since some connectto other parts of the decoder notinvolved in this particular clause.MPT argued at the hearing thatelements 64 and 66 should beexcluded based on their inclusionin the structure of Claims 14 and16. These claims are dependent onClaim 13, not Claim 15. Thestructure of the various dependentclaims need not be mutually



claims need not be mutuallyexclusive.]

"meansresponsive tothe adaptivemotioncompensatedestimate andthe estimateerror signal forproducing adecoded videosignal"

Function:producing adecodedvideo signal

Function: producing a decodedvideo signal in response to theadaptive motion compensatedestimate and the decoded estimateerror signal

Function: producing a decodedvideo signal

Structure:summingelement 74(as shown inFig. 2 anddescribed atcol. 14, lines60-61)

Structure: (as shown in Fig. 2 andas described at col. 14 lines 50-68):summing element 74 and includingall inputs and outputs of thiselement; and


Structure: (as shown in Fig. 2 andas described at col. 14 lines 50-68): summing element 74 andincluding all inputs and outputsof this element[COMMENT-The parties disputewhether inputs and outputs of thesumming element are required.Their inclusion is reasonablesince the summing element itselfwould accomplish little withoutthem.]

APPENDIX B (Chen '004 Patent) FN1


In at least one metaserver at one level of management, each said metaserver having a processor and amemory, a method for assigning a plurality of multimedia servers configured to provide data streams for aplurality of client computers, each said client computer being coupled to each said metaserver at the samelevel of management and to each said multimedia server via a network, each said client computer includinga video and audio display device, each said metaserver memory configured to store a metaserver databasethat includes information about the data streams stored in at least one of said multimedia servers, saidmethod comprising:

receiving a request for a multimedia stream from one of said client computers;

monitoring the status of each said multimedia server and the status of said network;

selecting from the metaserver database at least one eligible multimedia server storing the requestedmutimedia stream using a selection algorithm; and



communicating a name of said at least one eligible multimedia server to said client computer.

ClaimLanguage

Lucent /Alcatel-Lucent

Microsoft Court's Construction

"metaserver" a computersystemcomprising aprocessor and amemory thatmanages and isseparate from aset ofmultimediaservers andhosts ametaserverdatabase

computersystem thatmanages at leastone multimediaserver andmaintains adatabase ofinformationabout themultimediacontent

computer system that manages at least onemultimedia server, that is logically (or conceptually)separate from at least one multimedia server, and thatmaintains a metaserver database

[COMMENT-The language added since the tentativeconstruction i s taken from suggestions made at oralargument that would reconcile descriptionssuggesting that the metaserver and are multimediaservers are separate (1:44-49, Figs.3-4) with otherlanguage indicating that a multimedia server mayinclude a metaserver (4:15-19).]

"multimediaserver"

shared entity forstoring multimedia(e.g., audio andvideo data) forservicing clients

shared entity forstoring multimedia(e.g. audio and

shared entity for storing multimedia (e.g. audio andvideo data) for servicing clients video data)

"clientcomputer"

an individualuser's computerwith displaydevice(s)receivingaudio/videocontent anddisplaying it tothe user

No constructionnecessary.Alternatively:"on a local areanetwork or theInternet, acomputer thataccesses sharednetworkresourcesprovided byanothercomputer (calleda server)."

a computer that accesses shared network resourcesprovided by another computer (called a server)

[COMMENT-The audio/video display limitation isalready present in the claim language, so it would beredundant to read this into the definition of "clientcomputer."]

"metaserverdatabase"

database,hosted on ametaserver,with

a repository forstored dataaccessible by ametaserver

a database maintained by a metaserver



informationabout the datastreams

[COMMENT-For construction of "database," seediscussion of Claim 25 below.]

"informationabout thedatastreams"

information thatincludes at leastidentificationnumbers,multimediaserver namesand multimediacontent, wheremultimediacontentincludes videocontent, audiocontent, datacontent andmultimediaserver's statussuch as live oron demand

no constructionnecessary

information used in managing a multimedia server orservers

[COMMENT-Here, Lucent points out that thespecification states that "the basic idea of the presentinvention is to use at least one metaserver at the samelevel of management to store in the metaserverdatabase all information about the multimedia contentof all of the servers ...." 6:18-25. The types of datathey go on to cite, however, are merely from aparticular embodiment. 6:31-37. It is not necessary toinclude the examples from the embodiment at 6:31-37. This does not necessarily reconcile thedescription of the invention at 6:18-25 (referring to"all information about ... all of the servers") with theclaim language ("information about ... at least one ofsaid multimedia servers"). Lucent does not appear tohave argued, however, that a limitation on "allinformation about ... all of the claims" is present inthe claims.]

"monitoring thestatus of eachsaid multimediaserver and thestatus of saidnetwork"

systematicchecking ofconditions ofmultimedia serverto determine howbusy eachmultimedia serveris and how close aparticular client isto eachmultimedia serverwith the proper

the process ofcommunicatingwith eachmultimedia serverto receive fromeach multimediaserver its statusinformation (suchas: number ofcurrent connectionsand multimediacontent), and

the pro cess of communicating with each multimediaserver to receive from each multimedia server itsstatus information, and determining the status of thenetwork



content determining thestatus of thenetwork (such ascongestion)

"selectionalgorithm"

algorithm (asequence ofwell definedmathematicaloperations)used to select alist of eligiblemultimediaservers basedon a cost to thesystem ofproviding therequestedservice

No constructionnecessary.Alternatively:"algorithm (asequence of welldefinedmathematicaloperations) usedto select a list ofeligiblemultimediaservers based ona cost to thesystem ofproviding therequestedservice"

algorithm (a sequence of well defined mathematicaloperations) used to select a list of eligible multimediaservers based on a cost to the system of providing therequested service

[COMMENT-Lucent conceded Microsoft'salternative construction in its opening brief at 24 n.8.]

"name" string ofsymbols with atleast onealphabeticcharacter

No constructionnecessary.Alternatively:"identifier."



The method of claim 1, wherein selecting further includes:

using a minimum cost algorithm as said selection algorithm;

choosing a set of parameters including multimedia content, current load, geographic location, and anetwork distance from said at least one multimedia server to said client computer; and

applying said minimum cost algorithm to said set of parameters.

ClaimLanguage

Lucent /Alcatel-Lucent Microsoft Court's Construction

"minimumcostalgorithm"

selection algorithm (asequence of well definedmathematical operations) thatis a function of a list ofparameters, includingmultimedia content, currentload, geographic location,and network distance, to

No construction necessary.Alternatively: "algorithm (asequence of well definedmathematical operations) fordetermining the cost to thesystem for a particularmultimedia server to providea data stream to a particular

a sequence of well definedmathematical operationsfor determining the cost tothe system for a particularmultimedia server orservers to provide a datastream to a particular clientand for selecting the



determine the cost to thesystem for a particularmultimedia server to providea data stream to a particularclient computer

client computer or to allow aparticular client to upload adata stream to a particularmultimedia server

multimedia server that canprovide the data stream atminimum cost

[COMMENT-Bothproposed constructionsonly describe algorithmsfor determining cost, notfor minimizing cost.Microsoft does not providesupport for includinguploads. Context of patentis avoiding bottlenecks inthe download process.]

"current load" Agreed: a measure of the amount of processing a computersystem is currently performing in servicing client requests

a measure of the amount ofprocessing a computersystem is currentlyperforming in servicingclient requests

"geographiclocation"

Agreed: no construction necessary no construction necessary


A method comprising:

receiving a request for a multimedia stream from one of a number of client computers;

monitoring the status of each of a number of multimedia servers and the status of a network coupling thenumber of client computers and the number of multimedia servers;

selecting from a database having information about data streams stored in at least one of the multimediaservers at least one eligible multimedia server storing the requested multimedia stream using a selectionalgorithm; and

communicating a name of said at least one eligible multimedia server to the one of the number of clientcomputers.

ClaimLanguage



"monitoring" See discussion for claim 1 above. No construction necessary"database" repository for shared

data that is bothintegrated andshared, such thatredundancy betweendata streams ispartially or whollyeliminated

Noconstructionnecessary.Alternatively:"a repositoryfor storeddata."

a repository of shared data that is both integratedand shared, where "integrated" means that thedatabase is a unification of several otherwisedistinct data streams such that redundancy amongthose streams is partially or wholly eliminated, and"shared" means that different users may each haveaccess to the same piece of data

[COMMENT-Patentee acted as own lexicographer.



This constructio n is taken from specification textdefining database at 5:55-67.]

Note on Claims 26 and 29: Though these claims are at issue and were included in the claim constructioncharts, neither party proposed constructions of particular terms within these claims. To the extent that theabove terms recur in these claims, the Court construes them in accordance with the above construction.

APPENDIX C (Huna '217 Patent)


An apparatus for sending a message to a receiving device, the receiving device coupled to either a data-centric network or a telephony-centric network, the apparatus comprising:

a message server, configured to translate the message into a format compatible with the receiving device,and to initiate delivery of the message at a delivery time;

a data-centric network server, coupled to said message server, configured to transmit the message overthe data-centric network, wherein, if the receiving device is addressable over the data-centric network, thensaid data-centric network server delivers the message to the receiving device;

and a telephony-centric network server, coupled to said data-centric network server, configured tointerface said data-centric network server to the telephony-centric network, wherein, if the receiving deviceis addressable by the telephony-centric network, then said telephony-centric network server receives themessage from said data-centric network server and delivers the message to the receiving device over thetelephony-centric network.

ClaimLanguage

Lucent Microsoft Court's Construction

"data-centricnetwork"

Agreed Construction: A network that carriesdigital data, primarily to facilitate informationexchange among computers and computerperipherals. Examples include distributedcomputer networks such as the Internet.

A network that carries digital data, primarilyto facilitate information exchange amongcomputers and computer peripherals.Examples include distributed computernetworks such as the Internet.

"telephony-centric network"

Agreed Construction: A network that carriestelephony information such as voice, fax,page messages, and the like, primarily tofacilitate information exchange amongtelephony devices.

A network that carries telephony informationsuch as voice, fax, page messages, and thelike, primarily to facilitate informationexchange among telephony devices.

"messageserver"

a server at the operationscenter, thatcommunicates messagedata packets with thedata-centric networkthrough the data-centricnetwork server, whichincludes translation logicand software.

a computerthat providesservices forprocessingmessages

a computer that both provides services forprocessing messages and contains translationlogic and software

[COMMENT-Presence of translationlogic/software in the server is described inthe specification as important to the inventionand used to distinguish other systems. (See



14:1-10.) Location at operations center ismerely a preferred embodiment. The need forthe message server to communicate with adata-centric network server is clarified byother claim language.

"translate" Agreed: no construction necessary no construction necessary[COMMENT-Conceded in Lucent's openingbrief at 11 n. 4.]

"delivery" actual delivery of themessage, rather thannotification of receipt ofmessage, which could beat a later time by themessage originator

transmission transmission

[COMMENT-As Microsoft notes, deliveryand transmission are use d almostinterchangeably at certain points in thespecification.]

"data-centricnetworkserver"

server located at theoperations centerconnected to the data-centric network thatprovides data packettransmission andreception to the messageserver

a computerconnected toa data-centricnetwork thatprovidesservices overthe data-centricnetwork

a computer connected to a data-centricnetwork that provides services over the data-centric network

[COMMENT-W hen used in connection withagreed definition of data-centric networkabove, this does not suffer from theambiguity suggested by Lucent. The onlyterm not defined above is "server," butLucent's proposal does not offer a definitionfor this term.]

"addressable" Agreed: an identification for a data source capable of being identified[COMMENT-Conceded in Lucent's openingbrief at 11 n. 4. Propose d constructionmerely shifts parties' version from a noun toan adjective to match claim language.]

"telephony-centricnetworkserver"

server connected to thetelephony-centricnetwork and data-centricnetwork that convertssignals to allow forreception andtransmission of signalsbetween the telephony-centric network and data-centric network

a computerconnected toa telephony-centricnetwork thatprovidesservices overthetelephony-centricnetwork

a computer connected to a telephony-centricnetwork that provides services over thetelephony-centric network

[COMMENT-When used in connection with



agreed definition of telephony-centricnetwork above, this does not suffer from theambiguity suggested by Lucent. The onlyterm not defined above is "server," butLucent's proposal does not offer a definitionfor this term.]

Note on Claims 8 and 14: Though these claims are at issue and were included in the claim constructioncharts, neither party proposed constructions of particular terms within these claims. To the extent that theabove terms recur in these claims, the Court construes them in accordance with the above construction.


A system for sending a message at a specified delivery time to a receiving device, the system comprising:

a message scheduler, configured to initiate delivery of the message at the specified delivery time;

a message server, coupled to said message scheduler, configured to translate the message into a format thatis compatible with the receiving device;

a data-centric network server, coupled to said message server, configured to transmit the message;

a data-centric network, coupled to said data-centric network server, configured to route the message fromsaid data-centric network server to either the receiving device or a telephony-centric network server,wherein, if the receiving device is addressable over a telephony-centric network, then said data-centricnetwork routes the message to said telephony-centric network server.

ClaimLanguage


"messagescheduler"

a functionfordeterminingwhen tosendmessagesthat havefuturedeliverytimesperformedwithin themessageserver

hardwareorsoftwarethatschedulesmessagesfor afuturedeliverytime

hardware or software that resides on one or more of the serversand determines when to send messages with future delivery times

[COMMENT-The Court's construction attempts to reconcile twoaspects of the specification and claims. First, a message scheduleris described as being "coupled" to the message server, suggestingthat it could be a separate entity (perhaps hardware or software).At 14:7-9, however, the specification makes clear that theinvention (not just an embodiment) involves "messagetransmission scheduling logic ... resident in the servers." Ifscheduling logic resides on the servers as part of the invention, thisindicates that the message scheduler must also reside on one of the



servers. The language at 14:7-9 does not state which server (orservers) must contain the scheduling logic, so the scheduler couldconceivably be coupled to the message server while residing onone of the other server types. Microsoft expressed concern at oralargument that it may ultimately be a user, not the scheduler, that"determines" the delivery time. At this time, the Court does not seea potential for confusion over this distinction.]

APPENDIX D (Reifman '433 Patent)


A method in a facsimile machine having a display and a user input device, for storage and use of afacsimile cover page, the method comprising the steps of:

maintaining at least one facsimile cover page in a first storage location continuously accessible by any ofa plurality of users of the facsimile machine;

maintaining at least another facsimile cover page in a second storage location accessible by a selectedone of said plurality of users, said selected user having a corresponding user identification;

sensing if a user inputs a user identification; and

enabling access to said, second storage location only if said sensed user identification corresponds to saiduser identification of said selected user, said first storage area being continuously enabled for any of saidplurality of users and said second storage area being enabled only when said sensed user identificationcorresponds to said user identification of said selected user.

ClaimLanguage


"facsimilemachine"

a machine whoseprimary purpose is tosend and receivecopies of printedmaterials and imagesusing fax protocols asdefined by CCITT orITU-T, distinct froma computer

an apparatus capable ofsending or receiving afacsimile compliant withstandard facsimileprotocols established bythe InternationalTelegraph andTelephone ConsultativeCommittee (CCITT)

an apparatus capable of sending andreceiving copies using facsimileprotocols established by theInternational Telegraph and TelephoneConsultative Committee (CCITT)

[COMMENT-See Notes 1 and 2following this chart.]

"display" low-resolution userinterface with alimited number ofpixels

No constructionnecessary. Alternatively:"a visual representationof data."

a visual representation of data

[COMMENT-There is no indicationthat the specification intende d todeviate from ordinary meaning of thisterm. Also, the proposed use of "low-resolution" and "limited number" wouldlikely add uncertainty rather than helpclarify.]



"user inputdevice"

touch-sensitivedisplay or hardwarenumeric keypad on afacsimile machineproper

a device for generatingan input for the machine


[COMMENT-Lucent's proposal wouldread additional limitations from thespecification not warranted here.Microsoft's is too broad because it doesnot have any role for a "user" (i.e. itcould refer to any input device, even ifautomatic). This term does not appearto require additional construction.]

"facsimilecover page"

a page containinginformation identifyinga facsimile

No construction necessary.Alternatively: "a pagecontaining informationidentifying a facsimile."

a page containing informationidentifying a facsimile

"storage anduse of afacsimilecover page"

no construction necessary no construction necessary

[COMMENT-Lucent conceded this inits opening brief at 15 n. 5.]

"maintainingat leastanotherfacsimilecover page"

storing at least asecond differentfacsimile cover pageat the same time, inaddition to the atleast one cover page



[COMMENT-Lucent clarified at oralargument that its proposed constructionhad been applied to the wrong languagein the tentative order. With thiscorrection mind, the Court stillconcludes that no construction isnecessary.]

"firststoragelocation"

a specific, distinctlocation in the faxmachine memory

No constructionnecessary. Alternatively:"a memory location."

a memory location within the facsimilemachine

[COMMENT-Since the entire methodis "in a facsimile machine,' ' thislimitation is appropriate.]

"continuously" without interruption,without userauthentication or limitedto a particular usergroup

no construction necessary.Alternatively: "withoutinterruption"

without interruption

"second storagelocation"

storage location infacsimile machine,distinct from firststorage location

no construction necessary a memory location in the facsimilemachine, distinct from the first storagelocation



"secondstoragearea"

storage location infacsimile machine,distinct from firststorage location


a memory location in the facsimilemachine, distinct from the first storagelocation

[COMMENT-Claim language indicatesthat this is synonymous with "secondstorage location."]

NOTE 1

The gravamen of the parties' dispute is whether the a "facsimile machine" encompasses a general purposecomputer programmed with appropriate FAX software or only hardware more closely resembling the"IFAX" described in the specification. The language of Claim 1 makes clear that a "facsimile machine," ingeneral, might be something without a display or user interface, since these limitations are providedseparately. This suggests that the meaning of "facsimile machine" in the claim language is broader than theIFAX disclosed in the specification, which has a display and user interface. The IFAX embodiment, asdescribed in the specification, is a special purpose computer whose underlying hardware block diagram,shown in Fig. 1, is consistent with a personal computer ("PC") or server. The block diagram contains: aCPU, memory, a timer, a file storage unit, a LAN interface, a FAX modem coupled to a telephone line, ascan engine, a print engine, a data bus, and user interface elements. It would not be unusual to find all ofthese elements in a personal computer. Lucent correctly points out that the specification refers to thepotential for the IFAX to be connected to a personal computer or other computer. See, e.g., 38:48-51. Whilethese statements indicate that an IFAX can be distinct from a PC, they neither conclusively disavowimplementation of an IFAX on PC hardware, nor change the fact that the IFAX is offered only as anembodiment of the invention. The specification does not make clear that implementation on a PC is beyondthe reach of the claims. See SciMed Life Sys., Inc. v. Advanced Cardiovascular Sys., Inc., 242 F.3d 1337,1341 (Fed.Cir.2001) ("Where the specification makes clear that the invention does not include a particularfeature, that feature is deemed to be outside the reach for the claims of the patent....") The Court concludesthat neither the claim language nor the specification disavows implementation in a PC. The primarylimitation on a "facsimile machine," as described in the standard, is compliance with CCITT standards, andthe Court's construction reflects this fact. See 9:15-22.

NOTE 2

At oral argument, there was some discussion of whether "sending and receiving" should be replaced with"sending or receiving," though this point was not addressed in detail by the briefs. The specification, takenas a whole, suggests that "facsimile machine" encompasses a machine capable of both sending andreceiving, and Microsoft has not offered adequate support for a contrary construction.


A method in a facsimile machine having a user input device for the storage and use of a facsimile coverpage, the method comprising the steps of:

maintaining at least one facsimile cover page in a first storage location continuously accessible by any of aplurality of users of the facsimile machine;

maintaining at least another facsimile cover page in a second storage location accessible by a selected oneof said plurality of users, said selected user having a corresponding user identification;

sensing if a user inputs a user identification; and



enabling access to said second storage location only if said sensed user identification corresponds to saiduser identification of said selected user, said first storage area being continuously enabled for any of saidplurality of users and said second storage area being enabled only when said second user identificationcorresponds to said user identification of said selected user;

sensing a user input on the user input device to select a particular one of said stored cover pages from saidfirst storage location or said second storage location if said user identification data corresponds to saidselected one of said plurality of users;

selecting said particular cover page in response to said user input; and

transmitting said particular cover page as a cover page for a facsimile message.

ClaimLanguage


"said storedcover pages"


[COMMENT-Lucent concededthis in its opening brief at 15 n.5.]

"cover pagefor afacsimilemessage"

a page containinginformationidentifying afacsimile

No construction necessary.Alternatively: "a page containinginformation identifying afacsimile."

a page containing informationidentifying a facsimile

[COMMENT-Lucent concedesMicrosoft's alternative in itsopenin g brief at 15 n. 5.]

Note on Claim 7: The parties submitted errata removing Claim 7 from their joint chart and worksheet. Atoral argument, the parties clarified that they do not seek construction of this claim.

APPENDIX E (Jancke '499 Patent)


A method for displaying an interactive graph, said method comprising:

storing a sequence of present values in a memory as they occur in real time for each of plurality ofdisplay elements;

generating at least one graph primitive on a display wherein said at least one graph primitive is comprisedof said plurality of display elements;

dynamically updating said plurality of display elements in said display in real time independent of anyintervention by a human user;

generating a superimposed display of at least one level of display element detail for any one of saidplurality of display elements in response to a user input command; and

overlaying at least two display elements within said at least one graph primitive wherein each of said atleast two display elements are distinguishable by a unique display characteristic.



ClaimLanguage


"interactivegraph"

Agreed: No construction necessary no construction necessary

[COMMENT-Conceded in Lucent's opening brief at21 n. 7.]

"in real time" simultaneouslyas the values forthe displayelements areactuallygenerated


when new information becomes available

[COMMENT-Though not in the claim constructionworksheet, "rea l time" is discussed separately in theparties' briefs. This version, which is in the middleground between the proposals, is taken from Col 4:57-65 which states that "[u]pdating display elementinformation is typically performed in real time to a livegraph primitive being displayed, when newinformation becomes available for at least one of thedisplay elements within the graph." This languagesuggests equivalence between "in real time" and "whennew information becomes available."]

"as theyoccur in realtime"

occurssimultaneouslyas the values forthe displayelements areactuallygenerated


no construction necessary (aside from the constructionof "in real time" above)

[COMMENT-The Court has updated this since thetentative construction to address the concern that "asthey occur" could have a separate meaning from "inreal time." Nevertheless, the Court concludes that "asthey occur" does not require construction .]

"displayelement"

Agreed: an individual data entitycapable of being displayed as aself contained piece ofinformation in a graph primitive

an individual data entity capable of being displayed asa self contained piece of information in a graphprimitive


"graphprimitive"

Agreed: no constructionnecessary



"dynamicallyupdating saidplurality ofdisplayelements insaid display"

changing thedisplayed graphwithout any userintervention asthe underlyingdisplay element

Noconstructionnecessary.Alternatively:"updating thedisplay

updating the display elements in the display withoutuser intervention



informationchanges

elements inthe displaywithout userintervention

[COMMENT-The additional restriction Lucentrequests is better addressed through construction of thenext phrase: "in real time ..."]

"in real timeindependentof anyinterventionby a humanuser"

occurringsimultaneouslyas the values forthe displayelements areactuallygeneratedregardless of anyhumanintervention


"in real time": See above construction

"independent of any intervention by a human user": noconstruction necessary

"superimposed" on top of as part ofthe same graph

No constructionnecessary.Alternatively:"added[ing] as adistinct feature,element, orquality."


"superimposeddisplay of atleast one levelof displayelement detail"

two or more relateddata series within alist-box or pop-upoverlaid on top of adisplay element toprovide additional,detailed informationrelated to thedisplay element



"overlayingat least twodisplayelements"

displaying atleast twoadditional,related, butdistinct, dataseries laid on topof another




An interactive graph display system comprising:

means for storing a sequence of present values in a memory as they occur in real time for each of aplurality of display elements;

means for generating at least one graph primitive on a display wherein said at least one graph



primitive is comprised of said plurality of display elements;

means for dynamically updating said plurality of display elements in said display in real timeindependent of any intervention by a human user;

means for generating a superimposed display of at least one additional level of display element detailfor any one of said plurality of display elements in response to a user input command; and

means for overlaying at least two display elements within said at least one graph primitive whereineach of said at least two display elements are distinguishable by a unique display characteristic.

Claim Language Lucent Microsoft Court's Construction"means for storing asequence of presentvalues in a memoryas they occur in realtime for each of aplurality of displayelements"

Function (Agreed):storing a sequence ofpresent values in amemory as theyoccur in real time foreach of a plurality ofdisplay elements

Function (Agreed):storing a sequence ofpresent values in amemory as theyoccur in real time foreach of a plurality ofdisplay elements

Function: storing a sequence ofpresent values in a memory asthey occur in real time for eachof a plurality of display elements

Structure: a processor102 and memory (atleast one of RAM110 and RAM 108and nonvolatilememory device 112)and bus (at least oneof memory bus 152and bus 150) (asshown in Figure 1and described at 3: 5-10), and associatedhardwareprogrammed tofunction as anElement StorageManager (Fig.2,elem.205) driven bythe Control Manager(Fig.2, elem.202)according to Figs. 1-3and theaccompanying text

Structure: aprocessor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 3:5-10).The processor isprogrammed with analgorithm to performthe stated function asshown in element312 of Figure 3 anddescribed at 4:45-46and 4:53-56

Structure: a processor 102 andmemory (at least one of RAM110 and ROM 108 and non-volatile memory device 112) andbus (at least one of memory bus152 and bus 150) (as shown inFigure 1 and described at 3:5-10). The processor isprogrammed to perform theoperational step shown inelement 312 of Figure 3, furtherdescribed at 4:45-46 and 4:53-56, using the display systemprocesses shown in Fig. 2,including the Control Manager(Fig. 2 elem. 202) and ElementStorage Manager (Fig. 2 elem.225). The display systemprocesses are further described at3:20-4:31.

[COMMENT-The parties agreethat separately construed termsshould have same meaning givenin other claims. Where a functionis implemented in amicroprocessor, the structure islimited to the disclosedalgorithm. Elem. 312 of Fig. 3merely describes the function (i.e.particular step in the overall



process). One must turn to thedescription of the display systemprocesses to get a sense of thisalgorithm. The Court replaced"RAM 108" with "ROM 108" dueto an apparent typographical errorin the proposed constructions.]

"means for generatingat least one graphprimitive on a displaywherein said at leastone graph primitive iscomprised of saidplurality of displayelements"

Function (Agreed):generating at leastone graph primitiveon a display whereinsaid at least onegraph primitive iscomprised of saidplurality of displayelements.

Function (Agreed):generating at leastone graph primitiveon a display whereinsaid at least onegraph primitive iscomprised of saidplurality of displayelements.

Function: generating at least onegraph primitive on a displaywherein said at least one graphprimitive is comprised of saidplurality of display elements.

Structure: amicroprocessor (Fig1, elem. 102) andmemory (at least oneof RAM 110 andRAM 108 andnonvolatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 anddescribed at 3:5-10),and associatedhardwareprogrammed tofunction as a GraphPrimitive Manager(Fig.2, elem.208)driven by the ControlManager (Fig.2,elem.202) andcontrolled by thePrimitive EventManager (Fig.2,elem.210), andgenerated by thePrimitive DrawingSystem (Fig.2,elem.218) accordingto Figs. 1-3 and theaccompanying text

Structure: a processor102 and memory (atleast one of RAM110 and RAM 108and non-volatilememory device 112)and bus (at least oneof memory bus 152and bus 150) (asshown in Figure 1and described at 3:5-10). The processor isprogrammed with analgorithm to performthe stated function asshown in element 320of Figure 3 anddescribed at 5:5-7

Structure: aprocessor 102 andmemory (at least oneof RAM 110 andROM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 3:5-10)and associateddisplay 114. Theprocessor isprogrammed toperform theoperational stepsshown in elements312, 315, and 320 ofFigure 3 using thedisplay systemprocesses shown inFig. 2. The displaysystem processes arefurther described at3:20-4:31. Theoperational steps arefurther described at4:32-5:31.

[COMMENT-The parties agreethat separately construed termsshould have same meaning givenin other claims. Where a function



is implemented in amicroprocessor, the structure islimited to the disclosedalgorithm. Lucent's "andassociated hardware" is toobroad, but at least the display 114needs to be incorporated inaddition to the agreed hardware.Descriptions of theimplementation of this functionare spread throughout variouselements in Figs. 2-3. The Courtreplaced "RAM 108" with"ROM 108" due to an apparenttypographical error in theproposed constructions. TheCourt replaced "3:31" in thetentative construction with"4:31" due to a purelytypographical error.]

"means fordynamically updatingsaid plurality ofdisplay elements insaid display in realtime independent ofany intervention by ahuman user"

Function (Agreed):dynamically updatingsaid plurality ofdisplay elements insaid display in realtime independent ofany intervention by ahuman user

Function (Agreed):dynamicallyupdating saidplurality of displayelements in saiddisplay in real timeindependent of anyintervention by ahuman user

Function: dynamically updatingsaid plurality of display elementsin said display in real timeindependent of any interventionby a human user

Structure: Lucentcontends that there isinadequate structuredisclosed by thespecification.

Structure: Thestructure thatperforms thisfunction is aprocessor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 3:5-10.)The processor isprogrammed with analgorithm to performthe stated function asshown in element323 of Figure 3 anddescribed at 5:8-12

Structure: a processor 102 andmemory (at least one of RAM110 and ROM 108 and non-volatile memory device 112) andbus (at least one of memory bus152 and bus 150) (as shown inFigure 1 and described at 3:5-10)and associated display 114. Theprocessor is programmed toperform the operational stepsshown in elements 312, 315, 320,323, 325, and 327 of Figure 3using the display systemprocesses shown in Fig. 2. Thedisplay system processes arefurther described at 3:20-4:31.The operational steps are furtherdescribed at 4:32-5:31.

[COMMENT-By offering this



construction, the Court doesnot resolve Lucent's challengeto the adequacy of thedisclosure. The parties agree thatseparately construed terms shouldhave same meaning given inother claims. Lucent's "andassociated hardware" is to broad,but at least the display 114 needsto be incorporated in addition tothe agreed hardware. Where afunction is implemented in amicroprocessor, the structure islimited to the disclosedalgorithm. Descriptions of theimplementation of this functionare spread throughout variouselements in Figs. 2-3. The Courtreplaced "RAM 108" with "ROM108" due to an apparenttypographical error in theproposed constructions. TheCourt replaced "3:31" in thetentative construction with"4:31" due to a purelytypographical error.]

"means for generatinga superimposeddisplay of at least oneadditional level ofdisplay element detailfor any one of saidplurality of displayelements in responseto a user inputcommand"

Function (Agreed):generating asuperimposed displayof at least oneadditional level ofdisplay element detailfor any one of saidplurality of displayelements in responseto a user inputcommand

Function (Agreed):generating asuperimposeddisplay of at leastone additional levelof display elementdetail for any one ofsaid plurality ofdisplay elements inresponse to a userinput command

Function: generating asuperimposed display of at leastone additional level of displayelement detail for any one of saidplurality of display elements inresponse to a user inputcommand

Structure: amicroprocessor 102and memory (at leastone of RAM 110 andRAM 108 andnonvolatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 anddescribed at 3:5-10),and associatedhardwareprogrammed to

Structure: aprocessor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 3:5-10).The processor isprogrammed with analgorithm to perform

Structure: a processor 102 andmemory (at least one of RAM110 and ROM 108 and non-volatile memory device 112) andbus (at least one of memory bus152 and bus 150) (as shown inFigure 1 and described at 3:5-10), display 114, and user inputdevice (at least one of keyboard104 or pointing device 106). Theprocessor is programmed toperform the operational stepsshown in elements 312, 315, 320,and 325 of Figure 3 using thedisplay system processes shown



function as a GraphPrimitive Manager(Fig.2, elem.208)driven by the ControlManager (Fig.2,elem.202) andcontrolled by thePrimitive EventManager (Fig.2,elem.210), andgenerated by thePrimitive DrawingSystem (Fig.2,elem.218), accordingto Figs. 1-3 and theaccompanying text

the stated function asshown in element325 of Figure 3 anddescribed at 5:15-32

in Fig. 2. The display systemprocesses are further described at3:20-4:31. The operational stepsare further described at 4:32-5:31.

[COMMENT-The parties agreethat separately construed termsshould have same meaning givenin other claims. Lucent's "andassociated hardware" is to broad,but at least the display 114 and auser input device (104 or 106)needs to be incorporated inaddition to the agreed hardware.Where a function is implementedin a microprocessor, the structureis limited to the disclosedalgorithm. Description of theimplementation of this functionare spread throughout variouselements in Figs. 2-3. The Courtreplaced "RAM 108" with "ROM108" due to an apparenttypographical error in theproposed constructions. TheCourt replaced "3:31" in thetentative construction with"4:31" due to a purelytypographical error.]

"means for overlayingat least two displayelements within saidat least one graphprimitive whereineach of said at leasttwo display elementsare distinguishable bya unique displaycharacteristic"

Function (Agreed):overlaying at leasttwo display elementswithin said at leastone graph primitivewherein each of saidat least two displayelements aredistinguishable by aunique displaycharacteristic

Function (Agreed):overlaying at leasttwo display elementswithin said at leastone graph primitivewherein each of saidat least two displayelements aredistinguishable by aunique displaycharacteristic

Function: overlaying at least twodisplay elements within said atleast one graph primitive whereineach of said at least two displayelements are distinguishable by aunique display characteristic

Structure: a Structure: a Structure: a processor 102 and



microprocessor 102and memory (at leastone of RAM 110 andRAM 108 andnonvolatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 anddescribed at 3:5-10),and associatedhardwareprogrammed tofunction as a GraphPrimitive Manager(Fig.2, elem.208)driven by the ControlManager (Fig.2,elem.202) andcontrolled by thePrimitive EventManager (Fig.2,elem.210), andgenerated by thePrimitive DrawingSystem (Fig.2,elem.218), accordingto Figs. 1-3 and theaccompanying text

processor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 3:5-10).The processor isprogrammed with analgorithm to performthe stated function asshown in element315 and 320 ofFigure 3 anddescribed at 4:66 -5:5-7 and 2:31-37

memory (at least one of RAM110 and ROM 108 and non-volatile memory device 112) andbus (at least one of memory bus152 and bus 150) (as shown inFigure 1 and described at 3:5-10)and associated display 114. Theprocessor is programmed toperform the operational stepsshown in elements 312, 315, and320 of Figure 3 using the displaysystem processes shown in Fig.2. The display system processesare further described at 3:20-4:31. The operational steps arefurther described at 4:32-5:31.

[COMMENT-The parties agreethat separately construed termsshould have same meaning givenin other claims. Lucent's "andassociated hardware" is to broad,but at least the display 114 needsto be incorporated in addition tothe agreed hardware. Where afunction is implemented in amicroprocessor, the structure islimited to the disclosedalgorithm. Description of theimplementation of this functionare spread throughout variouselements in Figs. 2-3. The Courtreplaced "RAM 108" with"ROM 108" due to anapparent typographical errorin the proposed constructions.The Court replaced "3:31" inthe tentative construction with"4:31" due to a purely



typographical error.]


A program storage device readable by a computer, said program storage device tangibly embodyinginstructions executable by said computer to perform method steps for displaying an interactive graph, saidmethod comprising:

storing a sequence of present values in a memory as they occur in real time for each of plurality ofdisplay elements;

generating at least one graph primitive on a display wherein said at least one graph primitive is comprisedof said plurality of display elements;

dynamically updating said plurality of display elements in said display in real time independent of anyintervention by a human user;

and generating a superimposed display of at least one additional level of display element detail for anyone of said plurality of display elements in response to a user input command.

Note on Claim 23: All terms but the one identified below are considered with Claim 13 above, and there isno indication that they should be given a different construction in this claim.

Claim Language Lucent /Alcatel-Lucent Microsoft Court's Construction"superimposeddisplay of at leastone additionallevel of displayelement detail"

two or more related data series withina list-box or pop-up overlaid on topof a display element to provideadditional, detailed informationrelated to the display element



[COMMENT-This isidentical to one of thedisputed phrases from Claim13 except for the inclusion ofthe word "additional" here.]

Note on Claim 29: This claim is also at issue, but it does not contain disputed terms other than those alreadydiscussed above, and there is no indication that they should be given a different construction in this claim.To the extent that the above terms recur in this claim, the Court construes them in accordance with theabove construction.

APPENDIX F (Bolosky '794 Patent) FN2


In a distributed system having a media server for storing files holding data of multiple media, a client forrequesting service from the media server, a control connection between the media server and the client forpassing control information between the media server and the client and a data connection for passing databetween the media server and the client, a method comprising the steps of:

sending a write request message from the client to the media server over the control connection using afirst transport protocol, said write request message requesting that data from the client be written into afile at the media server;



sending a write request acknowledgment message from the media server to the client over the controlconnection to acknowledge the write request message;

forwarding the data to be written from the client to the media server over the data connection using asecond transport protocol distinct from the first transport protocol; and

writing the forwarded data into the file at the media server.

Claim Language Lucent/Alcatel-Lucent


"media server" Agreed: shared entity forstoring multimedia data fortransport to and from clients

shared entity for storing multimedia data for transport toand from clients

"client" end user'scomputercapable ofconsumingmultimediadisplayedon a"viewer"program

on a localarea networkor theInternet, acomputer thataccessessharednetworkresourcesprovided byanothercomputer(called aserver)

entity on a computer hat is capable of both requestingservice from a media server and consuming data from amedia server

[COMMENT-Both constructions, which suggest thatthe client is a computer, ignore language of specificationin which a client is described as an entity "on a ...computer" (see, e.g., 1:29-30). Description of inventionindicates that a client "consumes" data, so Lucent iscorrect to this extent, but existence of "viewer" islimited to an example embodiment involvingconsumption of video. Patent is not limited just tovideo, so "viewer" language may be misleading.]

"controlconnection"

connectionestablishedby clientthat isseparatefrom thedataconnectionforpurposes ofpassingcontrolinformation

connectionthat facilitatesexchange ofcontrolinformation

[COMMENT-Other claim language that requires the



[COMMENT-Other claim language that requires theuse of separate transport protocols adequatelydescribes the extent to which these connections mustbe "separate." Lucent's proposed construction is lessprecise, leading to possible confusion betweenphysical and logical separation, for example.]

"dataconnection"

connectionforpurposes oftransmittingmultimediadata that isseparatefromcontrolconnection

Noconstructionnecessary.Alternatively:"connectionfor thepurposes oftransmittingdata"

connection that facilitates the exchange of data betweenthe media server and the client

[COMMENT-See comment for "control connection"regarding th e issue of separateness. The Courtaccepts Microsoft's argument, made at the hearing,that certain limitations imposed in the tentativeconstruction from 1:35-42 were merely "[i]naccordance with a first aspect of the presentinvention," 1:31, and therefore merely part of anembodiment. These limitations would also haveconflicted with the structure of the claims. Forexample, imposing a "rate substantially equal"limitation here could render aspects of Claim 14redundant.]

"write requestmessage"

Agreed: a request message thatrequests that data from theclient be written into a file onthe media server

a request message that requests that data from the clientbe written into a file on the media server

"transport protocol"Agreed: any standard protocolthat is designed to operate inthe fourth layer of the OSIreference model (and thesecond highest layer in the fourand five layer TCP/IP referencemodels), for example, TCP,UDP, etc.

any standard protocol that is designed to operate in thefourth layer of the OSI reference model (and the secondhighest layer in the four and five layer TCP/IP referencemodels), for example, TCP, UDP, etc.

"write requestacknowledgmentmessage"

Agreed: message thatacknowledges that the writerequest was received

message that acknowledges that the write request wasreceived

Note on Claim 33: This claim is also at issue, but it does not contain disputed terms other than those alreadydiscussed above, and there is no indication that they should be given a different construction in this claim.To the extent that the above terms recur in this claim, the Court construes them in accordance with theabove construction.

APPENDIX G (Jancke '913 Patent) FN3




A status monitoring system for a computer network, said system comprising:

means for monitoring an operational state of each of a plurality of nodes in said computer network;

means for concurrently generating a display of a plurality of operational status icons each indicativeof a lowest detail view of said operational state of a corresponding one of said plurality of nodes insaid computer network, said means for concurrently generating being operational from any one ofsaid plurality of nodes in said computer network;

means for superimposing at least one additional status indicator on said display of any one of saidplurality of operational status icons such that compound operational status information for a singleone of said plurality of nodes is available in a single viewable one of said plurality of operationalstatus icons;

means for dynamically updating said display of said operational state for each of said plurality ofnodes; and

means for generating a hierarchical list of objects available from a user selected one of said pluralityof nodes.

Claim Language Lucent /Alcatel-Lucent Microsoft Court's Construction"computer" Agreed: no construction necessary no construction necessary

[COMMENT-Alcatel-Lucentconceded this in its opening briefat 8 n. 4.]

"means formonitoring anoperational state ofeach of a pluralityof nodes in saidcomputer network"

Function (Agreed):monitoring anoperational state ofeach of a plurality ofnodes in said computernetwork

Function (Agreed):monitoring anoperational state ofeach of a plurality ofnodes in saidcomputer network

Function: monitoring anoperational state of each of aplurality of nodes in saidcomputer network

Structure: amicroprocessor 102 andmemory (at least one ofRAM 110 and RAM108 and nonvolatilememory device 112)and bus (at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 and describedat 2:28 33) andassociated hardwareprogrammed tofunction as a NetworkNode Manager (col.2:42 47), according toFigs. 1, 5 andaccompanying text.

Structure: aprocessor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (shown inFigure 1 anddescribed at 2:28-33). The processor isprogrammed with analgorithm to performthe stated function asshown in element507 of Figure 5 andas described at 4:8-10.

Structure: a processor 102 andmemory (at least one of RAM 110and ROM 108 and non-volatilememory device 112) and bus150(and bus 152 if RAM or ROM areused) and network connection(such as a connection to the LocalArea Network shown in Figure 1element 116). The processor isprogrammed with an algorithm toperform the stated function byestablishing a communication linkwith each of a plurality of nodesand polling the nodes as shown inelements 503 and 507 of Figure 5,and as described at 1:60-65, 3:59-4:10. Elements of Figure 1 arefurther described at 2:21-40.



[COMMENT-Where a function isimplemented in a microprocessor,the structure is limited to thedisclosed algorithm. Lucent's "andassociated hardware" is too broad,but some additional hardwareneeds to be included, theconnection to the network inparticular. The Court expandedupon Microsoft's description of thealgorithm to be consistent withtext at 1:60-65 that describes"monitoring the plurality ofnodes." The Court replaced "RAM108" with "ROM 108" due to anapparent typographical error in theproposed constructions.]

means forconcurrentlygenerating adisplay of aplurality ofoperational statusicons eachindicative of alowest detail viewof said operationalstate of acorresponding oneof said plurality ofnodes in saidcomputer network,said means forconcurrentlygenerating beingoperational fromany one of saidplurality of nodesin said computernetwork

Function (Agreed):concurrently generatinga display of a pluralityof operational statusicons each indicative ofa lowest detail view ofsaid operational state ofa corresponding one ofsaid plurality of nodesin said computernetwork, said means forconcurrently generatingbeing operational fromany one of saidplurality of nodes insaid computer network

Function (Agreed):concurrentlygenerating a displayof a plurality ofoperational statusicons each indicativeof a lowest detailview of saidoperational state of acorresponding one ofsaid plurality ofnodes in saidcomputer network,said means forconcurrentlygenerating beingoperational from anyone of said pluralityof nodes in saidcomputer network

Function: concurrently generatinga display of a plurality ofoperational status icons eachindicative of a lowest detail viewof said operational state of acorresponding one of saidplurality of nodes in saidcomputer network, said means forconcurrently generating beingoperational from any one of saidplurality of nodes in saidcomputer network

Structure: amicroprocessor 102 andmemory (at least one ofRAM 110 and RAM108 and nonvolatilememory device 112)and bus (at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 and describedat 2:28 33), andassociated hardware

Structure: aprocessor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 2:28-

Structure: a processor 102 andmemory (at least one of RAM 110and ROM108 and non-volatilememory device 112) and bus150(and bus 152 if RAM or ROM areused) and network connection(such as a connection to the LocalArea Network shown in Figure 1element 116) and display 114. Theprocessor is programmed with analgorithm to perform the statedfunction as shown in elements



programmed tofunction as a NetworkNode Manager (col.2:42 47) in every oneof said plurality ofnodes in the computernetwork according toFigs. 1, 5 andaccompanying text

33). The processor isprogrammed with analgorithm to performthe stated function asshown in element525 of Figure 5 anddescribed at 4:21-22

505, 507, 516, 520, and 525 ofFigure 5. Elements of Figure 1 arefurther described at 2:21 -40.Elements of Figure 5 are furtherdescribed at 3:59-4:29.

[COMMENT-Where a function isimplemented in a microprocessor,the structure is limited to thedisclosed algorithm. It does notappear that the Node Manager ispart of an algorithm."Concurrently generating"involves additional steps from Fig.5 beyond that suggested byMicrosoft. Lucent's "andassociated hardware" is too broad,but some additional hardwareneeds to be included, the displayin particular. The Court replaced"RAM 108" with "ROM 108" dueto an apparent typographical errorin the proposed constructions. Seealso "lowest detail level" below.]

means forsuperimposing atleast oneadditional statusindicator on saiddisplay of any oneof said plurality ofoperational statusicons such thatcompoundoperational statusinformation for asingle one of saidplurality of nodesis available in asingle viewableone of saidplurality ofoperational statusicons

Function (Agreed):superimposing at leastone additional statusindicator on saiddisplay of any one ofsaid plurality ofoperational status iconssuch that compoundoperational statusinformation for a singleone of said plurality ofnodes is available in asingle viewable one ofsaid plurality ofoperational status icons

Function (Agreed):superimposing atleast one additionalstatus indicator onsaid display of anyone of said pluralityof operational statusicons such thatcompoundoperational statusinformation for asingle one of saidplurality of nodes isavailable in a singleviewable one of saidplurality ofoperational statusicons

Function: superimposing at leastone additional status indicator onsaid display of any one of saidplurality of operational statusicons such that compoundoperational status information fora single one of said plurality ofnodes is available in a singleviewable one of said plurality ofoperational status icons

Structure: amicroprocessor 102 andmemory (at least one ofRAM 110 and RAM108 and nonvolatile

Structure: aprocessor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-

Structure: a processor 102 andmemory (at least one of RAM 110and ROM108 and non-volatilememory device 112) and bus (atleast one of memory bus 152 and



memory device 1 12)and bus (at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 and describedat 2:28 33) andassociated hardwareprogrammed tofunction as a NetworkNode Manager (col.2:42 47), according toFigs. 1, 4, 5 andaccompanying text

volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 2:28-33). The processor isprogrammed with analgorithm to performthe stated function asshown in element525 of Figure 525and described at4:21-22 and 3:37-40

bus 150) (as shown in Figure 1and described at 2:28 33) anddisplay 114. The processor isprogrammed with an algorithm toperform the stated function usingthe process described at 3:37-46.Fig. 4 shows an example of thealgorithm's output. Elements ofFigure 1 are further described at2:21-40.

[COMMENT-Where a function isimplemented in a microprocessor,the structure is limited to thedisclosed algorithm. Neither Fig. 5nor the description of the Nodemanager described in relation toFig. 2 provide any description ofan algorithm for "superimposing."This leaves only some descriptionrelated to the examples in Fig. 4.Lucent's "and associatedhardware" is too broad, but someadditional hardware needs to beincluded, the display in particular.The Court replaced "RAM 108"with "ROM 108" due to anapparent typographical error in theproposed constructions.]

means fordynamicallyupdating saiddisplay of saidoperational statefor each of saidplurality of nodes

Function (Agreed):dynamically updatingsaid display of saidoperational state foreach of said plurality ofnodes

Function (Agreed):dynamicallyupdating said displayof said operationalstate for each of saidplurality of nodes

Function: dynamically updatingsaid display of said operationalstate for each of said plurality ofnodes

Structure: amicroprocessor 102 andmemory (at least one ofRAM 110 and RAM108 and nonvolatilememory device 112)and bus (at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 and describedat 2:28 33) andassociated hardware

Structure: aprocessor 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 2:28-

Structure: a processor 102 andmemory (at least one of RAM 110and ROM108 and non-volatilememory device 112) and bus150(and bus 152 if RAM or ROM areused) and network connection(such as a connection to the LocalArea Network shown in Figure 1element 116) and display 114. Theprocessor is programmed with analgorithm to perform the statedfunction as shown in elements



programmed tofunction as a NetworkNode Manager (col.2:42 47), according toFigs. 1, 5 andaccompanying text

33). The processor isprogrammed with analgorithm to performthe stated function asshown in element525 of Figure 5 anddescribed at 4:21-23and 2:57-59

507, 516, 520, and 525 of Figure5. Elements of Figure 1 are furtherdescribed at 2:21 -40. Elements ofFigure 5 are further described at3:59-4:29.

[COMMENT-Where a function isimplemented in a microprocessor,the structure is limited to thedisclosed algorithm. "Dynamicallyupdating" seems to involve moresteps from Fig. 5 than thatsuggested by Microsoft. Lucent's"and associated hardware" is toobroad, but some additionalhardware needs to be included, thedisplay and network connection inparticular. The Court replaced"RAM 108" with "ROM 108" dueto an apparent typographical errorin the proposed constructions.]

means forgenerating ahierarchical list ofobjects availablefrom a userselected one ofsaid plurality ofnodes

Function (Agreed):generating ahierarchical list ofobjects available from auser selected one ofsaid plurality of nodes

Function (Agreed):generating ahierarchical list ofobjects availablefrom a user selectedone of said pluralityof nodes

Function: generating ahierarchical list of objectsavailable from a user selected oneof said plurality of nodes

Structure: amicroprocessor 102 andmemory (at least one ofRAM 110 and RAM108 and nonvolatilememory device 112)and bus (at least one ofmemory bus 152 andbus 150) (as shown inFigure 1 and describedat 2:28 33) andassociated hardwareprogrammed tofunction as a NetworkNode Manager (col.2:42 47), according toFigs. 1, 5 andaccompanying text

Structure: a[processor] 102 andmemory (at least oneof RAM 110 andRAM 108 and non-volatile memorydevice 112) and bus(at least one ofmemory bus 152 andbus 150) (as shownin Figure 1 anddescribed at 2:28-33). The processor isprogrammed with analgorithm to performthe stated function asshown in element525 of Figure 5 anddescribed at 4:21-22and 2:60-63

Structure: a processor 102 andmemory (at least one of RAM 110and ROM108 and non-volatilememory device 112) and bus (atleast one of memory bus 152 andbus 150) (as shown in Figure 1and described at 2:28 33) anddisplay 114 and user input device(at least one of keyboard 104 ormouse 106). The processor isprogrammed with an algorithm toperform the stated function asdescribed at 2:47-50, 2:60-3:6.

[COMMENT-Where a function isimplemented in a microprocessor,



implemented in a microprocessor,the structure is limited to thedisclosed algorithm. Lucent's "andassociated hardware" is too broad,but some additional hardwareneeds to be included, such as thedisplay and user input. The Courtexpanded upon Microsoft'sdescription of the algorithm to beconsistent with text at 1:60-65 thatdescribes "monitoring the pluralityof nodes." The Court replaced"RAM 108" with "ROM 108" dueto an apparent typographical errorin the proposed constructions.]

"lowest detailview"

view for which noadditional details exist

view at level withlowest detail

view at the lowest level of detailavailable, where no lower levelview of status is necessary[COMMENT-Lucent seeks alimitation based on statementsmade during prosecution history.They go too far, however, bysaying that no addition details"exist," while the limitation onlysaid that they were not"necessary." The Court'sconstruction is adapted from theprosecution history.]


A method for monitoring and displaying status of a plurality of nodes in a computer network, said methodcomprising:

monitoring an operational state of each of said plurality of nodes in said computer network;

concurrently generating a display of a plurality of operational status icons each indicative of a lowestdetail view of said operational state of a corresponding one of said plurality of nodes in said computernetwork, said step of concurrently generating being operational from any one of said plurality of nodes insaid computer network;

superimposing at least one additional status indicator on said display of any one of said plurality ofoperational status icons such that compound operational status information for a single one of saidplurality of nodes is available in a single viewable one of said plurality of operational status icons;

dynamically updating said display of said operational state for each of said plurality of nodes; andgenerating a hierarchical list of objects available from a user selected one of said plurality of nodes.

ClaimLanguage



"status" Agreed: no construction necessary no construction necessary



[COMMENT-Conceded in Alcatel-Lucent's openingbrief at 8 n. 4]

"node" a networkelementcontaining anode manager,a statuscollectingobject, and astatus reportingobject or noconstructionnecessary

individualcomputer or an

element of a computer network, including anindividual computer or an entire network, connectedby some communications link entire network itself

[COMMENT-Alcatel-Lucent indicated in theiropening brief at 8 n .4 that they were willing to agreeupon "no construction necessary." Microsoft,however, stays by its proposal. Here patenteeprovided own (partial) definition at 1:19-22. Thisdefinition uses that language.]

"state" Agreed: no construction necessary no construction necessary[COMMENT-Conceded in Alcatel-Lucent's openingbrief at 8 n. 4]

"each of saidplurality ofnodes" and"any one ofsaid pluralityof nodes"

every node inthe network

"each of saidplurality ofnodes:" noconstructionnecessary.Alternatively:"each of thetwo or morenodes"

every node in the network

"any one of saidplurality ofnodes:" noconstructionnecessary.Alternatively: "anyone of the two ormore of nodes"

[COMMENT-During prosecution history, patenteedistinguished the "Dev" reference saying that, unlikeDev, it claimed of "a means for concurrentlydisplaying status for a plurality of nodes in a networkby any one of the plurality of nodes in the network sothat any user of the network can view the status ofthe entire network." For this to be possible, both ofthese references would need to be construed as "everynode in the network," as Lucent suggests.]

"concurrentlygenerating adisplay"

occurring duringthe monitoring ofthe network,displaying actualnetwork status

No constructionnecessary.Alternatively:"pertaining to theoccurrence of twoor more[activities] withinthe same intervalof time."


"superimposing"overlaid on top ofthe icon

No constructionnecessary.




Alternatively:"added[ing] as adistinct feature,element, orquality"

"operationalstatus icon"

a pictorialrepresentationof a literalobject thatindicates thecurrentoperationalcondition of anode

No constructionnecessary.Alternatively:"pictorialrepresentationof anoperationalstatus."

an icon that represents operational status usingsomething other than, or in addition to, a color or setof colors

[COMMENT-Though Alcatel-Lucent's proposedlimitation went too far, in prosecution historypatentee did recognize that prior art disclosed usingcolor but did "nothing as literal as a traffic light and/or a superimposed lightening bolt ..."]

"dynamicallyupdating saiddisplay"

simultaneouslychanging thedisplay withoutany userintervention asthe underlyingstatusinformationchanges

No constructionnecessary.Alternatively:"updating thedisplay withoutany userintervention."

dynamically updating the display without any userintervention

[COMMENT-At oral argument, it appeared that therelittle dispute over adding "dynamically" to theconstruction, though the Court notes that "withoutany user intervention" is intended to capture themeaning of "dynamically.".]

"object" a statuscollectingobject or astatus reportingobject

No constructionnecessary.Alternatively:"encapsulationthatmanipulatesdata."


[COMMENT-Although Alcatel-Lucent provided aproposed construction for this, they did not appear toaddress it in their briefs.]

APPENDIX H (Fein '608 Patent) FN4


A computer-implemented method for providing information regarding one of a plurality of predeterminedconditions associated with operation of a program module on a computer, comprising the steps of:

detecting one of the predetermined conditions;



detecting one of the predetermined conditions;

accessing an information source that maintains custom content in response to detecting one of thepredetermined conditions, the custom content representing information defined by a party other than themanufacturer of the program module; and

presenting the custom content.

ClaimLanguage


"computer" the computer on which theprogram module is executed

No constructionnecessary.Alternatively:"programmableelectronic devicethat can store,retrieve andprocess data


"predeterminedcondition"

a predefined error in theoperation of the program module

No constructionnecessary.Alternatively:"predefinedcondition."


"detectingone of thepredeterminedconditions"

detecting a predeterminedcondition, where thepredetermined condition isdetected by the programmodule itself



[COMMENT-Throughout this andrelated terms, Alcatel-Lucent wantsthe terms to be limited so the methodis implemented by the programmodule where the condition arises.This appears, however, to be merelyone embodiment described in thespecification.]

"informationsource"

a computer file in which thecustom content is stored and thatis not part of the program module

No constructionnecessary.Alternatively:"place whereinformation isstored."

a computer file in which the customcontent is stored and that is not partof the program module

"customcontent"

information authored bysomeone other than the authorof the source code for theprogram module, where theinformation is fully definedand stored in the informationsource prior to the detection ofthe predetermined condition

No constructionnecessary.Alternatively:"content adaptedfor a particulardetectedcondition."


[COMMENT-See previouscomment.]



"programmodule"

a routine, program,component, or data structurethat performs particular tasksor implements particularabstract data types, and that isexecutable

No constructionnecessary.Alternatively:"part of aprogram."

computer code, including a routine,program, component, or datastructure, that performs particulartasks or implements particularabstract data types

[COMMENT-Patentee offereddefinition at 6:61-63. Onlydifference made from Alcatel-Lucent's proposal is to clarify that"routine, program ... etc." were givenas examples, not exhaustive list; thusthe general "computer code"language.]


The computer-implemented method of claim 1 further comprising the step of displaying an alert message inresponse to detecting one of the predetermined conditions and prior to accessing the information source, thealert message comprising static content defined by the manufacturer of the program module.

ClaimLanguage


"alertmessage"

a message that isautomatically displayedin a balloon or dialogbox by the userinterface when thepredeterminedcondition is detected

Noconstructionnecessary.Alternatively:"message toalert a user."

message to advise a user about the occurrence of acondition

[COMMENT-This construction tracks thespecification language, such as that at 3:3-9.Lucent's additional requirement of "automatically"would be unclear. Furthermore, other claimlanguage clarifying that the message is displayed"in response to ..." is sufficient in lieu of"automatically."]

Note on Claims 3 and 7: These claims are also at issue, but there are no additional terms requiringconstruction. The parties agree that terms in these claims should be construed consistently with the otherclaims in this patent. To the extent that the above terms recur in these claims, the Court construes them inaccordance with the above construction.


The computer-implemented method for providing custom content that supplements static content displayedin an alert message for a software program module running on a local machine, comprising the steps of:

detecting one of a plurality of predetermined conditions;

displaying the alert message in response to the detected predetermined condition, the alert message



comprising the static content and at least one control object;

responsive to selection of one of the control objects, accessing an information source that maintains thecustom content, wherein the information source is located separately from the local machine; and

displaying the custom content to present supplemental information that is related to the detectedpredetermined condition.

ClaimLanguage



"softwareprogrammodule"

Proposals and recommendation are same as for "program module" in Claim 1 above.

"localmachine"

the computer onwhich theprogram moduleis executed

No constructionnecessary.Alternatively:"programmableelectronic devicethat can store,retrieve andprocess data

computer present at its user's location

[COMMENT-Microsoft's proposal does notclarify the difference between a "local" machineand a computer in general. The Specificationstates at 10:58-62 that "a report of an errorcondition is typically generated by a softwareprogram module, running on a user's localmachine." This suggests that "local" is definedrelative to the user's location.]

"detectingone of aplurality ofpredeterminedconditions"

detecting apredeterminedcondition, wherethepredeterminedcondition isdetected by theprogram moduleitself



[COMMENT-Alcatel-Lucent's proposal wouldread a specific embodiment into the claim. Thespecification contemplates that error detectionmay come from other sources.]

"locatedseparatelyfrom a localmachine"

physically andlogicallyseparated fromthe localmachine



[COMMENT-While this language clearly limitsthe claim, Alcatel-Lucent's proposal, particularlywith respect to the "logically separated"limitation, is not sufficiently supported the



intrinsic evidence and does not provide claritybeyond the ordinary meaning.]

Note on Claim 21: This claim is also at issue, but there are no additional terms requiring construction. Theparties agree that terms in this claim should be construed consistently with the other claims in this patent.To the extent that the above terms recur in this claim, the Court construes them in accordance with theabove construction.


A computer-implemented method for providing custom content that supplements static content displayed inan alert message for a software program module running on a local machine, comprising the steps of:

detecting one of a plurality of predetermined conditions; displaying the alert message in response to thedetected predetermined condition;

opening a hyperlink from the alert message to access an external information source that maintains thecustom content, the external information source operating in a location separate from the local machine;

displaying the custom content to present supplemental information that is related to the detectedpredetermined condition.

Claim Language Lucent /Alcatel-Lucent Microsoft Court's Construction"externalinformationsource"

an information source that islocated on a computer networkthat is separate from the networkwhere the program module isstored


no additional construction necessary(other than construction of"information source" discussedabove)

[COMMENT-Alcatel-Lucent'sopening brief at 17 n. 6 concedes that this requires no constructionbeyond that for "informationsource."]

"operating in alocationseparate fromthe localmachine"

physically and logically separatedfrom the local machine



[COMMENT-See discussion aboveof "located separately from a localmachine"]

APPENDIX I (Brown "7 Patent) FN5


A method of determining the access rights of a user of a computer system with respect to a plurality ofdata entities of the computer system, comprising the steps of:

identifying at least one user group of which said user is a member, said at least one user group being part ofa predefined set of user groups; and



identifying at least one data entity category to which said user has access by virtue of being a member ofsaid at least one user group, said at least one data entity category being part of a predefined set of dataentity categories.

ClaimLanguage



"accessrights of auser"

all of a user'saccess rightswith respectto all dataentities in thenetwork

[None offered,though briefsopposeapplication to"all" accessrights anddata entities .]


[COMMENT-It is clear from the specification that "accessrights," by itself, is not limited to "all" access rights. Also,limiting this to "all data entities" would contradict the plain language of the claim which only relates to "a pluralityof data entities." There is a somewhat closer questionregarding whether "the access rights of a user" limits theclaim to all access rights of a user. Since the claim onlyrelates to a plurality of data entities, not necessarily alldata entities in the system, adding this limitation couldcreate confusion and result in an interpretation inconsistentwith the specification language. The claim language,interpreted according to its ordinary meaning or theconstructions provided here, is sufficient to indicate theextent of the rights involved. Limitations offered byAlcatel-Lucent are otherwise limited to a particularembodiment.]

"computersystem"

a plurality ofinterconnectedcomputers thatincludes asecurity serverand a pluralityof applicationservers

a plurality ofinterconnectedcomputers

a plurality of interconnected computers

[COMMENT-Lucent's limitation relates to preferredembodiment and would be inconsistent with overallstructure of claims, which provide these limitations in laterclaims (esp. claims 42 and 45).]

"plurality" Agreed: more than one more than one"dataentity[ies]"

a data[file/object]stored on anapplicationserver thatmay beaccessed bypermissionedusers

resources towhich accessmay becontrolled

a resource to which access may be controlled, where"resource" may refer to a system resource on a hostcomputer, but not the host computer itself, viewed as awhole



[COMMENT-In the parties' worksheet, Alcatel-Lucentused the term "file," but their briefs switched this to"object" instead. In the prosecution history, the patenteedistinguished "data entities" from "hosts," as used in theAnkney prior art patent, found at McDavit Decl. Ex. 23.Since a "resource" could include a "host," based on itsdescription in the Ankney patent, Microsoft's proposal istoo broad. Claim 17 makes clear, however, that a dataentity may be a "system resource." Recommendedapproach is to exclude only "hosts" as defined in theAnkney patent. At oral argument, Alcatel-Lucentsuggested that "online resource" should also be excludedfrom a "resource." The Court concludes that this limitationwould be inconsistent with specification language thatcontemplates data entities that are online resources. Theexclusion of "hosts" is sufficient.]

"dataentitycategories"

a predefinedgroup of dataentities forwhich anaccess rightsvalue may beassigned to auser group

Noconstructionnecessary.Alternatively:"a category ofdata entities."


[COMMENT-The specification does not require theconstruction suggested by Lucent.]


The method according to claim 21, wherein said steps of identifying at least one user group and identifyingat least one data entity category each comprise accessing a relational database stored on a server of acomputer network.

ClaimLanguage



'relationaldatabase'

a database in whichthe contents areorganized as a setof three or moreinterrelated tables: agroup-membertable; a group-token table; and auser-specific accessrights table

a databasein whichthecontentsareorganizedas a set oftwo ormoreinterrelatedtables

a database in which the contents are organized as a set oftwo or more interrelated tables

[COMMENT-The Court notes that Alcatel-Lucent'sproposal change d as between the original chart and itsbrief, bringing it closer to Microsoft's proposal. SeeAlcatel-Lucent's Opening Brief at 23 n. 8. Both seem toagree that patentee acted as own lexicographer for this



term, but Lucent's additional limitations are related to aparticular embodiment. Alcatel-Lucent's proposal wouldbe inconsistent with Claim 59, where the three-tablelimitation is set out separately (see below).]

'server' a computer thatstores all useraccess rights withrespect to all dataentities in thenetwork

a computerthatprovidesservices

a computer that provides services

[COMMENT-Lucent's limitation is taken from specificembodiment, not invention itself.]

Note on Claim 24: This claim is also at issue, but there are no additional terms requiring construction. Theparties agree that terms in this claims should be construed consistently with the other claims in this patent.To the extent that the above terms recur in this claim, the Court construes them in accordance with theabove construction.


A relational database for storing access rights data which specifies access rights of users with respect to aplurality of data entities of a computer network, said plurality of data entities subdivided into a plurality ofcategories, said database comprising:

a first table that maps users to user groups, at least one of said users being a member of multiple of saiduser groups;

a second table which contains, for each of said user groups, a group-based access rights list that specifiesgroup-based access rights of members of a respective user group, said group-based access rights list storedin association with a plurality of category identifiers that identify said categories of data entities; and

a third table which contains, for a least one of said users, a user-specific access rights list that specifiesspecial rights for a respective user, said user-specific access rights list stored in association with saidplurality of category identifiers.

ClaimLanguage



'table' a file in whichdata is arrangedin rows andcolumns

a collection of datausually organized inrows and columns

a collection of data usually organized in rows andcolumns

[COMMENT-[ ] The specification is consistentwith tables being in something other than a 'file,'or with multiple being contained in a single file.]

'accessrights list'

a list of allaccess rightswith respect toall data entitiesin the network

a list containingaccess rights withrespect to dataentities of acomputer network


[COMMENT-For substantially the same reasonsas 'access rights of a user' in Claim 21 above.]



'categoryidentifiers'

a number thatidentifies a dataentity category

No constructionnecessary.Alternatively: "anidentifier of acategory."

identifiers of a category

[COMMENT-The specification gives examples ofboth mnemonic, alphanumeric identifiers andnumeric identifiers (called tokens). In thespecification, the later are referred the 'contentcategory identifiers.']

'categories ofdata entities'

Same as 'data entity categories' in Claim 21 above.

'user-specificaccessrights list'

an access rightslist for aspecificallyidentified user ofthe network

an access rights listfor a specific user


[COMMENT-see discussion of related 'accessrights' terms above ]

'stored inassociationwith'


[COMMENT-Conceded in Alcatel-Lucent'sopening brief at 25 n. 10.]

APPENDIX J (Guzak '319 and '971 Patents) FN6

NOTE on the Guzak Patents-Though issued separately, these derive from the same patent application. Thedisputed terms in the '971 Patent appear in the '319 Patent as well. There is no indication that these termswere intended to have separate meanings in the two patents. Therefore, it is only necessary to perform claimconstruction once for both patents.

Guzak '319 Patent Claim 11 (language for which parties proposed a construction in bold):

In a computer system having an output device and an input device, a method comprising the steps of:

displaying a hierarchical tree of items having at least two levels of items on the output device as part of awindow control;

in response to a user using the input device, selecting one of the items displayed in the hierarchical tree ofitems; and

expanding the hierarchical tree of items independently of the selecting so that an additional level of items isdisplayed as part of the hierarchical tree of items on the output device such that the expanding occurs inresponse to a user action that does not result in another selection of one of the items.

Claim Language Lucent/Alcatel-Lucent


'computer system' a systemcontaining

Noconstruction

a system containingone or more



one or morecomputers,andincludinganyapplicationprogramsstored onthecomputers

necessary.Alternatively:"a systemcontainingone or morecomputers."

computers

[COMMENT-TheCourt's constructionclarifies that theparties agree that 'oneor more' is anappropriateconstruction. Alcatel-Lucent's additionallimitation isinconsistent with theclaim language. Inparticular, it wouldabolish the distinctionbetween claims 11 and12. Claim 12 is limitedto 'where the computersystem includesapplication programs,'indicating that this isnot necessary to claim11.]

'window control' non-customizedcomputercodeavailable foruse by anyapplicationprogram todisplayinformationin awindow,and whichsendsnotificationmessages toa parentwindowwhen eventsoccur withinthe window

Noconstructionnecessary.Alternatively:"a graphicalrepresentationof a controlobject thatresides withina parentwindow"

computer code, alongwith an accompanyinggraphicalrepresentation, thatsends notificationmessages to a parentwindow when events,like user input, occurwithin the windowcontrol



[COMMENT-The Court notes that the partiesapparently agree that 'window control' and 'childwindow control' are equivalent terms. Withregards to notification messages, the patentee hasacted as own lexicographer at 3:39-41, describingthe nature of a 'child window control.' Similarstatements were also made in the prosecutionhistory. Alcatel-Lucent's other limitations,including 'non-customized' and 'for use by anyapplication program,' do not appear to besupported by the evidence. Neither party offers acompelling approach to the meaning of 'control'itself. Microsoft suggests that it is 'a graphicalrepresentation of a control object' while Alcatel-Lucent suggests that it is 'computer code' withvarious other limitations. The Court's constructionis closer to Alcatel-Lucent's since a 'graphicalrepresentation' would be unable to sendnotifications without more, while computer codecan.]

Guzak '319 Patent Claim 12 (language for which parties proposed a construction in bold):

The method of claim 11 where the computer system includes application programs and wherein the childwindow control is a system resource for use by the application programs.

ClaimLanguage


'child windowcontrol'

Same as 'window control' in Claim 11 above.

'applicationprogram'

a program that puts theresources and capabilities ofa computer to use for somespecific purpose or task

No constructionnecessary.Alternatively: "aprogram that puts theresources andcapabilities of acomputer to use."

a program that puts the resourcesand capabilities of a computer to use

[COMMENT-The parties agree onthe construction to this extent.Alcatel-Lucent's additional limitationis based only on extrinsic evidence.]

'systemresourcefor use bytheapplicationprograms'

a system-wide resourceavailable for use by allapplication programs in thecomputer system, and whichis not a dynamic linkedlibrary or part of theoperating system

No constructionnecessary.Alternatively: "aresource accessibleto applicationprograms on acomputer system ."

a system resource available for useby any application program in thecomputer system

[COMMENT-The prosecutionhistory supports a limitation 'for us eby any application program.'



Alcatel-Lucent's proposed limitationregarding DLLs, etc., is notsupported by the text they cite.]

Note on other claims: Other claims in the '319 and '971 patents are also at issue, but there are no additionalterms requiring construction. The parties agree that terms in these claims should be construed consistentlywith the other claims in this patent. To the extent that the above terms recur in these claims, the Courtconstrues them in accordance with the above construction.

FN1. This patent is addressed by Lucent's briefs, but it is also asserted against Alcatel-Lucent. Alcatel-Lucent joins Lucent's brief with respect to this patent ( see Alcatel's Opening Brief at 25).

FN2. This patent is addressed by Lucent's briefs, but it is also asserted against Alcatel-Lucent. Alcatel-Lucent joins Lucent's brief with respect to this patent ( see Alcatel's Opening Brief at 25).

FN3. This patent is addressed by Alcatel-Lucent's briefs, but it is also asserted against Lucent. Lucent joinsAlcatel-Lucent's brief with respect to this patent ( see Lucent's Opening Brief at 24).



FN6. These patents are addressed by Alcatel-Lucent's briefs, but they are also asserted against Lucent.Lucent joins Alcatel-Lucent's brief with respect to these patents ( see Lucent's Opening Brief at 24).

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