Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 1 of 25 PageID #: 3223
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`C.A. No. 20-662-RGA
`
`JURY TRIAL DEMANDED
`
`PELOTON INTERACTIVE. INC.,
`
`Plaintiff and,
`
` Counterclaim Defendant,
`
`v.
`
`ICON HEALTH & FITNESS, INC.,
`
`Defendant and,
`
` Counterclaim Plaintiff.
`
`
`AMENDED JOINT CLAIM CONSTRUCTION CHART
`
`
`
`Pursuant to Section 7 of the Scheduling Order (D.I. 33, as modified at D.I. 69), the parties
`
`hereby provide their Amended Joint Claim Construction Chart for U.S. Patent Nos. 6,601,016
`
`(the “’016 Patent”) and 7,556,590 (the “’590 Patent”), reflecting changes made by ICON to its
`
`proposed constructions and citations of intrinsic evidence since the original Joint Claim
`
`Construction Chart was filed, and as a result of ICON’s June 15, 2021 letter narrowing the
`
`asserted claims in the case (D.I. 116). Peloton has not modified its proposed constructions or
`
`citations to intrinsic evidence. The parties have included citations to the intrinsic evidence in
`
`support of their respective positions and reserve the right to supplement the citations as the claim
`
`construction process progresses. Copies of the ’016 and ’590 Patents are attached as Exhibits A
`
`and B, respectively.1
`
`
`
`
`
`
`1 On June 10, 2021, the parties filed their Joint Claim Construction Brief (D.I. 113) with
`references to the exhibits in the Joint Claim Construction Chart (the “Original Chart”) (D.I. 79).
`The exhibits are being re-filed herewith for ease of the Court’s reference but are the same as
`those filed with the Original Chart.
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 2 of 25 PageID #: 3224
`
`
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Michael J. Flynn
`
`Michael J. Flynn (#5333)
`Andrew M. Moshos (#6685)
`1201 N. Market Street
`P. O. Box 1347
`Wilmington, DE 19801
`(302) 658-9200
`mflynn@mnat.com
`amoshos@mnat.com
`
`Attorneys for Counter-Defendant Peloton
`Interactive, Inc.
`
`
`
`
`
`RICHARDS, LAYTON & FINGER, P.A.
`
`/s/ Christine D. Haynes
`
`Frederick L. Cottrell, III (#2555)
`Christine D. Haynes (#4697)
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`haynes@rlf.com
`
`Attorneys for Counterclaimant ICON Health
`& Fitness, Inc.
`
`
`
`June 21, 2021
`
`
`
`
`
`
`
`2
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 3 of 25 PageID #: 3225
`
`Table of Exhibits
`
`
`
`Description
`
`U.S. Patent No. 6,601,016 (the “’016 Patent”)
`
`U.S. Patent No. 7,556,590 (the “’590 Patent”)
`
`
`
`Excerpts of the File History of the ’016 Patent
`
`Excerpts of the File History of the ’590 Patent
`
`U.S. Patent No. 4,817,940
`
`U.S. Patent No. 4,891,785
`
`U.S. Patent No. 5,213,555
`
`U.S. Patent No. 5,387,164
`
`U.S. Patent No. 5,435,799
`
`U.S. Patent No. 5,785,632
`
`U.S. Patent No. 5,888,172
`
`U.S. Patent No. 5,973,696
`
`U.S. Patent No. 6,042,519
`
`U.S. Patent No. 6,450,922
`
`Ex.
`
`A
`
`B
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`
`
`
`
`3
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 4 of 25 PageID #: 3226
`
`I.
`
`AGREED TERMS/CONSTRUCTIONS
`
`Claim Term
`
`Agreed Construction
`
`“exercise indicator signal”
`
`“data indicating exercise activity”
`
`’016 Patent claims: 1-3
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 5 of 25 PageID #: 3227
`
`II.
`
`DISPUTED TERMS/CONSTRUCTIONS
`
`A. ’016 PATENT
`
`Claim Term
`
`U.S. Patent No. 6,601,016
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`“mark-up language”
`
`Original Proposed Construction
`
`Proposed Construction
`
`’016 Patent Claims: 1, 2, 49, 53
`
`
`
`
`A data transmission protocol that
`identifies data with tags
`
`Amended Proposed Construction
`
`A data structure format that identifies data
`with tags
`
`Original Supporting Intrinsic Evidence
`
`’016 Patent Claims: 1, 2, 17, 18, 33, 34,
`49, 53, 56
`
`’016 Patent: 6:22–26; 6:44–7:11
`
`Amended Supporting Intrinsic
`Evidence
`
`’016 Patent Claims: 1, 2, 17, 18, 33, 34,
`49, 53, 56
`
`’016 Patent: 6:22–26; 6:33–7:11
`
`The file history of the ’016 patent,
`including U.S. Patent No. 5,973,696
`2
`
`“XML, or another computer language that
`describes how to perform actions such as
`displaying and printing a text document in
`a device-independent way through the use
`of corresponding textual tags.” Otherwise
`indefinite.
`
`Supporting Intrinsic Evidence
`
`‘016 Patent Claims: 1, 2, 17, 18, 33, 34,
`49, and 53
`
`’016 Patent at 6:22-7:11, 8:20-28.
`
`The file history of the ’016 Patent,
`including the 4/28/2000 Original Claims,
`the 1/24/2002 Non-Final Rejection, the
`5/10/2002 Amendment, the 5/31/2002
`Non-Final Rejection, the 9/3/2002
`Amendment, the 10/2/2002 Final
`Rejection, the 2/10/2003 Amendment, and
`the 3/5/2003 Notice of Allowance.
`
`The following references cited in the File
`History of the ’016 Patent:
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 6 of 25 PageID #: 3228
`
`Claim Term
`
`U.S. Patent No. 6,601,016
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`(“Agranat”)
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent Nos. 4,817,940 (Shaw),
`4,891,785 (Donohoo), 5,435,799
`(Lundin), 5,785,632 (Greenberg),
`5,888,172 (Andrus), 5,973,696 (Agranat),
`and 6,042,519 (Shea).
`
`Any intrinsic evidence cited by ICON.
`
`“extensible mark-up language format”
`
`Original Proposed Construction
`
`Proposed Construction
`
`’016 Patent claims: 2,
`
`a markup language that accommodates
`specialized capabilities not predefined in
`the original specification such as custom
`tags that can be used to support a wide
`range of elements
`
`Amended Proposed Construction
`
`a markup language that accommodates
`additions, for example, designer–defined
`tags
`
`Supporting Intrinsic Evidence2
`
`’016 Patent Claims: 2, 18, 34
`
`Plain meaning, i.e. XML. Otherwise
`indefinite.
`
`Supporting Intrinsic Evidence
`
`‘016 Patent Claims: 2, 18, and 34
`
`’016 Patent at 6:22-7:11, 8:20-28
`
`The file history of the ’016 Patent,
`including the 4/28/2000 Original Claims,
`the 1/24/2002 Non-Final Rejection, the
`5/10/2002 Amendment, the 5/31/2002
`Non-Final Rejection, the 9/3/2002
`Amendment, the 10/2/2002 Final
`Rejection, the 2/10/2003 Amendment, and
`the 3/5/2003 Notice of Allowance.
`
`The following references cited in the File
`
`
`2 The parties reserve the right to cite to intrinsic evidence cited for one term for use for any other term. Each party also reserves the
`right to cite to any intrinsic evidence listed by the other Party.
`
`3
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 7 of 25 PageID #: 3229
`
`Claim Term
`
`U.S. Patent No. 6,601,016
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`’016 Patent: 6:22–26; 6:44–7:11
`
`History of the ’016 Patent:
`
`
`
`U.S. Patent Nos. 4,817,940 (Shaw),
`4,891,785 (Donohoo), 5,435,799
`(Lundin), 5,785,632 (Greenberg),
`5,888,172 (Andrus), 5,973,696 (Agranat),
`and 6,042,519 (Shea).
`
`Any intrinsic evidence cited by ICON.
`
`“universally accessible server system”
`
`Proposed Construction
`
`Proposed Construction
`
`’016 Patent Claims: 1, 3, 4, 6, 8, 11, 16,
`49, 53
`
`a server system that is accessible from any
`device capable of connecting with the
`server system
`
`“a server system that is accessible by all
`devices capable of connecting with the
`server system”
`
`Original Supporting Intrinsic Evidence
`
`Supporting Intrinsic Evidence
`
`’016 Patent Claims: 1, 3, 4, 5, 6, 7, 8, 9,
`10, 11, 12, 13, 14, 16, 17, 19, 20, 21, 22,
`23, 24,25, 26, 27, 28, 29, 30, 31, 32, 33,
`35, 36, 37, 38, 39, 40, 41, 42, 43, 44,
`45,47, 48, 49, 50, 51, 53, 54, 56, 57
`
`’016 Patent: 3:21–27; 3:49–59
`
`Amended Supporting Intrinsic
`Evidence
`
`’016 Patent Claims: 1, 3, 4, 5, 6, 7, 8, 9,
`10, 11, 12, 13, 14, 16, 17, 19, 20, 21, 22,
`
`4
`
`‘016 Patent Claims: 1, 3, 4, 6, 8, 11, 16,
`17, 19, 20, 22, 24, 27, 28, 33, 35, 36, 38,
`40, 43, 44, 49, and 53
`
`’016 Patent at Abstract, 1:20-31, 3:21-27,
`3:31-59.
`
`The file history of the ’016 Patent,
`including the 4/28/2000 Original Claims,
`the 1/24/2002 Non-Final Rejection, the
`5/10/2002 Amendment, the 5/31/2002
`Non-Final Rejection, the 9/3/2002
`Amendment, the 10/2/2002 Final
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 8 of 25 PageID #: 3230
`
`Claim Term
`
`U.S. Patent No. 6,601,016
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`23, 24,25, 26, 27, 28, 29, 30, 31, 32, 33,
`35, 36, 37, 38, 39, 40, 41, 42, 43, 44,
`45,47, 48, 49, 50, 51, 53, 54, 56, 57
`
`’016 Patent: 1:16–31; 3:11–15; 3:21–27;
`3:49–59; 7:12–27; 8:10–13; 8:20–23;
`13:45–60; and Fig. 4.
`
`
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Rejection, the 2/10/2003 Amendment, and
`the 3/5/2003 Notice of Allowance.
`
`The following references cited in the File
`History of the ’016 Patent:
`
`U.S. Patent Nos. 4,817,940 (Shaw),
`4,891,785 (Donohoo), and 5,785,632
`(Greenberg).
`
`Any intrinsic evidence cited by ICON.
`
`“means for receiving current fitness
`activity for a first exerciser exercising
`on a first exercise machine in a
`particular mark-up language format at
`an exercise machine monitor for
`monitoring exercise performed by a
`second exerciser on a second exercise
`machine, wherein said current fitness
`activity is received at said exercise
`machine monitor from a universally
`accessible server system, wherein said
`current fitness activity for a first
`exerciser is identified by a universal
`identifier associated with said first
`exerciser”
`
`’016 Patent Claim: 53
`
`Proposed Construction
`
`Proposed Construction
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Function: receiving current fitness
`activity for a first exerciser exercising on
`a first exercise machine in a particular
`mark-up language format at an exercise
`machine monitor for monitoring exercise
`performed by a second exerciser on a
`second exercise machine, wherein said
`current fitness activity is received at said
`exercise machine monitor from a
`universally accessible server system,
`wherein said current fitness activity for a
`first exerciser is identified by a universal
`
`Function: “receiving current fitness
`activity for a first exerciser exercising on
`a first exercise machine in a particular
`mark-up language format at an exercise
`machine monitor for monitoring exercise
`performed by a second exerciser on a
`second exercise machine, wherein said
`current fitness activity is received at said
`exercise machine monitor from a
`universally accessible server system,
`wherein said current fitness activity for a
`first exerciser is identified by a universal
`
`
`
`
`5
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 9 of 25 PageID #: 3231
`
`Claim Term
`
`U.S. Patent No. 6,601,016
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`identifier associated with said first
`exerciser
`
`identifier associated with said first
`exerciser”
`
`Structure: At-Machine Exercise Monitor
`(66a-n, 40), Network (62)
`
`Structure: Indefinite
`
`Supporting Intrinsic Evidence
`
`The ’016 Patent Claims 53.
`
`The ’016 Patent at 6:22-51
`
`The file history of the ’016 Patent,
`including the 4/28/2000 Original Claims,
`the 5/31/2002 Non-Final Rejection, and
`the 3/5/2003 Notice of Allowance.
`
`The following references cited in the File
`History of the ’016 Patent:
`
`U.S. Patent Nos. 4,817,940 (Shaw),
`5,785,632 (Greenberg), and 5,973,696
`(Agranat).
`
`Any intrinsic evidence cited by ICON.
`
`Original Supporting Intrinsic Evidence
`
`’016 Patent Claim: 53
`
`’016 Patent: 4:11–15; 5:29–41; 6:14–21;
`6:51–62; 7:12–27; 7:31–34; 12:56–65;
`and Fig. 2
`
`See also means for receiving in claims 17
`and 18 above.
`
`Amended Supporting Intrinsic
`Evidence
`
`’016 Patent Claim: 53
`
`’016 Patent: 4:11–15; 5:29–41; 6:14–21;
`6:51–62; 7:12–27; 7:31–34; 12:56–65;
`and Fig. 2
`
`See also means for receiving in claims 17
`and 33 above.
`
`
`
`6
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 10 of 25 PageID #: 3232
`
`Claim Term
`
`U.S. Patent No. 6,601,016
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`“means for displaying a graphical
`comparison of said current fitness
`activity for said first exerciser with
`current fitness activity for said second
`exerciser from an output interface
`controlled by said exercise machine
`monitor, such that said second exerciser
`is enabled compete against a plurality
`of exercisers”
`
`’016 Patent Claim: 53
`
`Proposed Construction
`
`Proposed Construction
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Function: displaying a graphical
`comparison of said current fitness activity
`for said first exerciser with current fitness
`activity for said second exerciser from an
`output interface controlled by said
`exercise machine monitor
`
`Corresponding Structure: At-Exercise
`Machine Monitor (66a-n, 40), including
`Processor (12), Graphics Adapter (21),
`Display Monitor (22)
`
`Original Supporting Intrinsic Evidence
`
`’016 Patent Claim: 53
`
`’016 Patent: 2:42–67; 3:1–21; 4:51–65;
`5:13–17; 9:39–42; 11:44–63
`
`Amended Supporting Intrinsic
`Evidence
`
`’016 Patent Claim: 53
`
`Function: “displaying a graphical
`comparison of said current fitness activity
`for said first exerciser with current fitness
`activity for said second exerciser from an
`output interface controlled by said
`exercise machine monitor, such that said
`second exerciser is enabled compete
`against a plurality of exercisers”
`
`Structure: Indefinite
`
`Supporting Intrinsic Evidence
`
`The ’016 Patent Claims 53.
`
`The file history of the ’016 Patent,
`including the 4/28/2000 Original Claims,
`the 1/24/2002 Non-Final Rejection, the
`10/2/2002 Final Rejection, the 2/10/2003
`Amendment, and the 3/5/2003 Notice of
`Allowance.
`
`The following references cited in the File
`History of the ’016 Patent:
`
`’016 Patent: 2:42–67; 3:1–21; 3:49–59;
`
`U.S. Patent Nos. 4,817,940 (Shaw),
`
`7
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 11 of 25 PageID #: 3233
`
`Claim Term
`
`U.S. Patent No. 6,601,016
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`4:51–65; 5:6–17; 8:3–9; 9:39–42; 11:29–
`63; 12:61–65; Figs. 1–3.
`
`5,213,555 (Hood), and 5,785,632
`(Greenberg).
`
`
`
`Any intrinsic evidence cited by ICON.
`
`
`
`8
`
`
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 12 of 25 PageID #: 3234
`
`B. ’590 PATENT
`
`U.S. Patent No. 7,556,590
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`“Virtual race”
`
`Proposed Construction
`
`Proposed Construction
`
`’590 Patent Claims: 1, 2, 13, 14, 17
`
`
`
`
`a competition or contest among users
`where the users are not physically present
`at the location of the competition or
`contest
`
`“a race where the user is exercising on a
`computer-generated course”
`
`“Virtual race” is a limitation of the claims.
`
`“Virtual race” is not a limitation of the
`claims.
`
`Original Supporting Intrinsic Evidence
`
`’590 Patent Claims: 1, 2, 13, 14, 17
`
`’590 Patent: 23:31-42
`
`Amended Supporting Intrinsic
`Evidence
`
`’590 Patent Claims: 1, 2, 13, 14, 17
`
`’590 Patent: 2:62–67; 6:22–28; 23:4–11;
`23:18–42.
`
`The file history of the ’590 Patent
`including the 9/6/2007 applicant remarks.
`
`
`
`9
`
`Supporting Intrinsic Evidence
`
`’590 Patent Claims 1, 2, 13, 14, and 17
`
`590 Patent at 4:21-5:13, 23:15-30, 23:31-
`57, 24:46-25:32, 25:43-55, 29:21-59, Figs.
`10, 11.
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`the 3/26/2007 Restriction Requirement,
`the 4/26/2006 Response to Restriction
`Requirement, the 5/25/2007 Preliminary
`Amendment, the 6/6/2007 Non-Final
`Rejection, the 9/6/2007 Amendment, the
`11/14/2007 Restriction Requirement, the
`11/23/2007 Response to Restriction
`Requirement, the 2/28/2008 Final
`Rejection, the 5/28/2008 Supplemental
`Response.
`
`The following reference cited in the File
`History of the ’590 Patent: U.S. Patent
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 13 of 25 PageID #: 3235
`
`U.S. Patent No. 7,556,590
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`
`
`No. 6,450,922 (Henderson).
`
`Any intrinsic evidence cited by ICON.
`
`“exercise communication protocol”
`
`Proposed Construction
`
`Proposed Construction
`
`’590 Patent Claim: 1
`
`
`
`
`a data format produced for or understood
`by an exercise device
`
`Original Supporting Intrinsic Evidence
`
`’590 Patent Claim: 1
`
`’590 Patent: 3:27–45; 7:58–62; 13:44–52;
`29:51–59, and Figs. 1, 2, 5–8, 10
`
`See also computer communication
`protocol and translator device
`
`Amended Supporting Intrinsic
`Evidence
`
`’590 Patent Claim: 1
`
`’590 Patent: 1:41–47; 3:27–45; 3:53–59;
`6:11–21; 7:15–21; 7:58–62; 12:29–64;
`13:44–52; 16:20–37; 29:51–59, and Figs.
`1, 2, 5–8, 10
`
`See also computer communication
`protocol and translator device
`
`10
`
`Communication protocol: “One or more
`rules that data can be formatted in
`accordance with, that data can be
`formatted by, or that can be used to format
`data. Alternatively, the communication
`protocol can be the data itself.”
`
`Exercise communication protocol: “a
`communication protocol capable of being
`used by an exercise device”
`
`Supporting Evidence
`
`’590 Patent Claim 1
`
`’590 Patent at 2:53-57, 3:27-45, 6:11-21,
`7:51-62, 13:45-52, 29:24-31, 29:51-59.
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`the 2/28/2008 Final Rejection, the
`3/25/2008 Amendment, 5/28/2008
`Supplemental Amendment.
`
`Any intrinsic evidence cited by ICON.
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 14 of 25 PageID #: 3236
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`“computer communication protocol”
`
`Proposed Construction
`
`Proposed Construction
`
`U.S. Patent No. 7,556,590
`
`’590 Patent Claim: 1
`
`a data format produced for or understood
`by a computer device
`
`Supporting Intrinsic Evidence
`
`’590 Patent Claim: 1
`
`Communication protocol: “One or more
`rules that data can be formatted in
`accordance with, that data can be
`formatted by, or that can be used to format
`data. Alternatively, the communication
`protocol can be the data itself.”
`
`’590 Patent: 3:30–33; 3:41–45; 7:15–21;
`12:29–64; 29:51–59; and Figs 1, 2, 5–8,
`10
`
`Computer communication protocol: “a
`communication protocol capable of being
`used by a computer device”
`
`See also exercise communication protocol
`and translator device
`
`Supporting Intrinsic Evidence
`
`
`
`’590 Patent Claim 1
`
`’590 Patent at 2:53-57, 3:27-45, 6:11-21,
`7:51-62, 13:45-52, 29:24-31, 29:51-59.
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`the 2/28/2008 Final Rejection, the
`3/25/2008 Amendment, 5/28/2008
`Supplemental Amendment.
`
`Any intrinsic evidence cited by ICON.
`
`“translator[s] device[s]”
`
`Proposed Construction
`
`Proposed Construction
`
`a device or structure configured to
`
`Means-plus-function limitation under 35
`
`11
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 15 of 25 PageID #: 3237
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent No. 7,556,590
`
`’590 Patent Claims: 1, 13
`
`translate and exchange data between
`different data formats
`
`U.S.C. § 112(6)
`
`Original Supporting Intrinsic Evidence
`
`’590 Patent Claim: 1
`
`’590 Patent: 3:19–21; 3:46–59; 6:11–21;
`12:3–20; 12:53–58; 16:20–37; and Figs. 1,
`2, 5–8, 10
`
`See also exercise communication protocol
`and computer communication protocol
`
`Amended Supporting Intrinsic
`Evidence
`
`Function (Claim 1): “translating data
`between the exercise communication
`protocol and the computer communication
`protocol”
`
`Function (Claim 13): The function of
`claim 1, and also “communicatively
`coupling the first and second exercise
`devices to the means for comparing so as
`to facilitate communication of data
`representative of the performance of each
`of the plurality of users between the first
`and second exercise devices and the
`means for comparing.”
`
`’590 Patent Claim: 1, 13
`
`Structure: Indefinite
`
`’590 Patent: 3:19–21; 3:33–41; 3:46–59;
`6:11–21; 12:3–20; 12:53–58; 16:20–37;
`17:41–59; and Figs. 1, 2, 5–8, 10
`
`Supporting Intrinsic Evidence
`
`’590 Patent Claim 1, 13
`
`See also exercise communication protocol
`and computer communication protocol
`
`
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`the 6/6/2007 Non-Final Rejection, the
`9/6/2007 Amendment, the 2/28/2008 Final
`Rejection, the 3/25/2008 Amendment, and
`the 5/28/2008 Supplemental Response.
`
`The following reference cited in the File
`
`12
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 16 of 25 PageID #: 3238
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent No. 7,556,590
`
`History of the ’590 Patent: U.S. Patent
`No. 6,450,922 (Henderson).
`
`Any intrinsic evidence cited by ICON.
`
`Original Proposed Construction
`
`Proposed Construction
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Function: comparing the use of the first
`exercise device relative to the first start
`time with the use of the second exercise
`device relative to the second start time
`
`Function: “comparing the use of the first
`exercise device relative to the first start
`time with the use of the second exercise
`device relative to the second start time”
`
`Structure: Server (216), Computer
`Device (212a-n), Communication System
`(18), Translator Device (220a-n), or
`Exercise Device (222a-n), Remote
`Computer Device (148)
`
`Amended Proposed Construction
`
`Function: comparing the use of the first
`exercise device relative to the first start
`time with the use of the second exercise
`device relative to the second start time
`
`Structure: a remote system, such as
`Server (216), Communication System
`
`Structure: Indefinite
`
`Supporting Intrinsic Evidence
`
`’590 Patent Claim 1
`
`’590 Patent at 27:60-67, 28:16-28
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`the 5/25/2007 Preliminary Amendment,
`the 2/28/2008 Final Rejection, the
`3/25/2008 Amendment, the 5/28/2008
`Supplemental Response.
`
`The following reference cited in the File
`
`13
`
`“means for comparing the use of the
`first exercise device relative to the first
`start time with the use of the second
`exercise device relative to the second
`start time”
`
`’590 Patent Claim: 1
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 17 of 25 PageID #: 3239
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent No. 7,556,590
`
`History of the ’590 Patent: U.S. Patent
`No. 6,450,922 (Henderson).
`
`Any intrinsic evidence cited by ICON.
`
`(18), and/or Remote computer (148) that
`can be accessed/communicate via a
`network connection such as that disclosed
`at (16), (150), (154), or (210); one or more
`Computer Devices (212a-n), one or more
`Translator Devices (220a-n), and/or
`Exercise Devices (222a-n) that can
`access/communicate with the remote
`system via the network connection.
`
`Original Supporting Intrinsic Evidence
`
`’590 Patent Claims: 1, 13
`
`’590 Patent: 4:21–38; 4:52–64; 15:37–
`16:6; 24:46–65; 25:10–24; 26:15–17; and
`Fig. 7.
`
`Amended Supporting Intrinsic
`Evidence
`
`’590 Patent Claims: 1, 13, 14, 17
`
`’590 Patent: 4:21–38; 4:52–64; 5:62–63;
`15:37–16:6; 24:46–65; 25:10–24; 26:15–
`17; 27:36–45; and Figs. 1, 7, 10, 11.
`
`“means for providing communication
`between the first computer device, the
`second computer device and the
`
`
`
`
`Original Proposed Construction
`
`Proposed Construction
`
`14
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 18 of 25 PageID #: 3240
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent No. 7,556,590
`
`comparing means”
`
`’590 Patent Claim: 1
`
`
`
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Function: providing communication
`between the first computer device, the
`second computer device and the
`comparing means
`
`Function: “providing communication
`between the first computer device, the
`second computer device and the
`comparing means”
`
`Structure: Server (216), Network (210),
`Computer Device (212a-n)
`
`Structure: Indefinite
`
`Supporting Intrinsic Evidence
`
`’590 Patent Claim 1
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`the 5/25/2007 Preliminary Amendment,
`the 2/28/2008 Final Rejection, the
`3/25/2008 Amendment, the 5/28/2008
`Supplemental Response.
`
`The following reference cited in the File
`History of the ’590 Patent: U.S. Patent
`No. 6,450,922 (Henderson).
`
`Any intrinsic evidence cited by ICON.
`
`Amended Proposed Construction
`
`Function: providing communication
`between the first computer device, the
`second computer device and the
`comparing means
`
`Structure: a remote system, such as
`Server (216), Communication System
`(18), and/or Remote computer (148) that
`can be accessed/communicate via a
`network connection such as that disclosed
`at (16), (150), (154), or (210); one or more
`Computer Devices (212a-n) that can
`access/communicate with the remote
`system via the network connection.
`
`Original Supporting Intrinsic Evidence
`
`15
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 19 of 25 PageID #: 3241
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent No. 7,556,590
`
`’590 Patent Claim: 1
`
`’590 Patent: 7:4–30; 15:67–16:6; 24:1–23;
`25:25–42
`
`Amended Supporting Intrinsic
`Evidence
`
`’590 Patent Claim: 1
`
`’590 Patent: 7:4–30; 13:15–28; 14:34–39;
`15:67–16:6; 16:13–20; 17:10–17; 17:60–
`18:3; 24:1–23; 25:13–42; and Figs. 1, 2, 7,
`10, 11.
`
`“the means for comparing comprising a
`computer device remote from each of
`the first and second exercise devices
`and configured to compare the
`performance of each of the plurality of
`users and notify one of the plurality of
`users of the performance of another of
`the plurality of users”
`
`’590 Patent Claim: 13
`
`Original Proposed Construction
`
`Proposed Construction
`
`Function: The function of the means for
`comparing of claim 1, and “comparing the
`performance of each of the plurality of
`users and notify one of the plurality of
`users of the performance of another of the
`plurality of users”
`
`Corresponding Structure: Server (216),
`Communication System (18), Remote
`Computer Device (148), Computer Device
`(212a-n), or Translator Device (220a-n)
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Function: The function of the means for
`comparing of claim 1, and “comparing the
`performance of each of the plurality of
`users and notify one of the plurality of
`users of the performance of another of the
`plurality of users”
`
`Structure: Indefinite
`
`
`
`
`16
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 20 of 25 PageID #: 3242
`
`U.S. Patent No. 7,556,590
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Amended Proposed Construction
`
`Supporting Intrinsic Evidence
`
`’590 Patent Claim 13
`
`’590 Patent at 27:60-67, 28:16-28
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`the 5/25/2007 Preliminary Amendment,
`the 2/28/2008 Final Rejection, the
`3/25/2008 Amendment, the 5/28/2008
`Supplemental Response.
`
`The following reference cited in the File
`History of the ’590 Patent: U.S. Patent
`No. 6,450,922 (Henderson).
`
`Any intrinsic evidence cited by ICON.
`
`Function: The function of the means for
`comparing of claim 1, and “comparing the
`performance of each of the plurality of
`users and notify one of the plurality of
`users of the performance of another of the
`plurality of users”
`
`Corresponding Structure: a remote
`system, such as Server (216),
`Communication System (18), and/or
`Remote computer (148) that can be
`accessed/communicate via a network
`connection such as that disclosed at (16),
`(150), (154), or (210); one or more
`Computer Devices (212a-n), one or more
`Translator Devices (220a-n), and/or
`Exercise Devices (222a-n) that can
`access/communicate with the remote
`system via the network connection.
`
`Original Supporting Intrinsic Evidence
`
`’590 Patent Claims: 1, 13
`
`’590 Patent: 4:21–38; 4:52–64; 15:37–
`16:6; 24:46–65; 25:10–24; 26:15-17; and
`Fig. 7
`
`17
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 21 of 25 PageID #: 3243
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent No. 7,556,590
`
`Amended Supporting Intrinsic
`Evidence
`
`’590 Patent Claims: 1, 13
`
`’590 Patent: 4:21–38; 4:52–64; 15:37–
`16:6; 24:46–65; 25:10–24; 25:28–29;
`26:15–17; and Figs. 1, 7, 10, 11, 12.
`
`Original Proposed Construction
`
`Proposed Construction
`
`Function: The function of the means for
`comparing of claims 1 and 13, and
`“comparing the performance of each of
`the plurality of users based on an order in
`which each of the plurality of users
`completed the virtual race”
`
`Corresponding Structure: Server (216),
`Communication System (18), Remote
`Computer Device (148), Computer Device
`(212a-n), or Translator Device (220a-n)
`
`Means-plus-function limitation under 35
`U.S.C. § 112(6)
`
`Function: The function of the means for
`comparing of claims 1 and 13, and
`“comparing the performance of each of
`the plurality of users based on an order in
`which each of the plurality of users
`completed the virtual race”
`
`Structure: Indefinite
`
`Amended Proposed Construction
`
`Supporting Intrinsic Evidence
`
`Function: The function of the means for
`comparing of claims 1 and 13, and
`“comparing the performance of each of
`the plurality of users based on an order in
`which each of the plurality of users
`
`’590 Patent Claim 14
`
`’590 Patent at 27:60-67, 28:16-28
`
`The file history of the ’590 Patent
`including the 5/8/2006 Original Claims,
`
`18
`
`“the means for comparing compares
`the performance of each of the plurality
`of users based on an order in which
`each of the plurality of users completed
`the virtual race”
`
`’590 Patent Claim: 14
`
`
`
`
`

`

`Case 1:20-cv-00662-RGA Document 119 Filed 06/18/21 Page 22 of 25 PageID #: 3244
`
`Claim Term
`
`ICON’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`Peloton’s Proposed Construction and
`Supporting Intrinsic Evidence
`
`U.S. Patent No. 7,556,590
`
`the 5/25/2007 Preliminary Amendment,
`the 2/28/2008 Final Rejection, the
`3/25/2008 Amendment, the 5/28/2008
`Supplemental Response.
`
`The following reference cited in the File
`History of the ’590 Patent: U.S. Patent
`No. 6,450,922 (Henderson).
`
`Any intrinsic evidence cited by ICON.
`
`completed the virtual race”
`
`Corresponding Structure: a remote
`system, such as Server (216),
`Communication System (18), and/or
`Remote computer (148) that can be
`accessed/communicate via a network
`connection such as that disclosed at (16),
`(150), (154), or (210); one or more
`Computer Devices (212a-n), one or more
`Translator Devices (220a-n), and/or
`Exercise Devices (222a-n) that can
`access/communicate with the remote
`system via the network connection.
`
`Original Supporting Intrinsic Evidence
`
`’590 Patent Claims: 1, 13, 14
`
`’590 Patent: 4:21–38; 4:52–64; 15:37–
`16:6; 24:46–65; 25:10–24; 26:15–1