`
`
`
`
`UNIFIED PATENTS
`
`EXHIBIT 1002
`
`
`UNIFIED PATENTS
`
`EXHIBIT 1002
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 1
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`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 1 of 16 PageID #: 397
`
`
`
`Claim Term
`
`(1) “address”
`
`(2) “algorithm/routing
`algorithm”
`
`EXHIBIT A
`
`STATEMENT OF DISPUTED TERMS
`
`
`
`Appears in
`Asserted
`Claim Nos.
`’662 Patent,
`Claim 6, 7,
`9 and 18.
`
`’662 Patent,
`claim 1, 4,
`5, 6, 12, 13,
`14, ;
`
`’177 patent,
`claim 1 , 13,
`19;
`
`’388 patent,
`claim 1, 2,
`3, 7, 8, 12,
`14,
`
`Parallel Iron’s Proposed Constructions and
`Intrinsic Evidence Citations
`
`Defendants’ Proposed Constructions and
`Intrinsic Evidence Citations1
`
`Proposed Construction:
`
`Plain and ordinary meaning
`
`Intrinsic Evidence:
`The ’662 Patent, Figure 12, 6:46-51; 11:56 to
`12:5; 13:53 to 14:6; 14:55 to 15:3; 15:29-55;
`17:53 to 18:3; 18:47-58.
`
`Proposed Construction:
`
`rules in software for [configuring/changing] a
`path between an incoming interface and an
`outgoing interface
`
`Intrinsic Evidence:
`The ’662 Patent, 9:52-64; 13:53-14:6; 14:55-60;
`18:48-58; 19:21-34; 23:30-54; The ’177 Patent,
`9:38-51; 14:30-34; 18:16-26, 18:54-67;23:10-15;
`The ’388 Patent, 9:41-53; 13:30-48; 14:30-35;
`18:16-26;
`
`
`Summary Section of the Invention of the ’662,
`’177 and ’388 patents.
`
`Proposed Construction:
`
`indefinite for lack of antecedent basis
`
`Intrinsic Evidence:
`’662 Patent, Claims 6, 7, and 9
`
`
`Proposed Construction:
`
`rules in software executed by a switch for
`[configuring/ changing] a path through the
`physical interconnections between an incoming
`interface and an outgoing interface, not including
`consulting a table
`
`Intrinsic Evidence:
`’662 Patent: Col. 6:6-8, 9:55-65, 13:53-60; 19:28-
`31, 14:21-16:24, 16:62-17:44, 25:18-26, and Figs.
`2-4, 6-8, and 11
`
`File History of the ’177 Patent: Amendment dated
`July 18, 2008 (Exhibit 1).
`
`
`1
`For clarity and to reduce duplication, Defendants’ citations to one patent-in-suit are intended to include the corresponding
`references to the other patents-in-suit. Defendants’ intrinsic cites are illustrative and not intended to be an exhaustive list of all
`citations on which Defendants may rely in their briefing.
`
`1
`
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 2
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`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 2 of 16 PageID #: 398
`
`
`
`
`
`(3) determining [an
`algorithm / a routing
`algorithm] for use by
`the switch [fabric /
`controller] in
`interconnecting
`
`‘662 Patent,
`claim 1;
`
`‘177 Patent,
`Claim 1, 13,
`19;
`
`‘388 Patent,
`claim 1
`
`Proposed Construction:
`
`determining the rules in software to
`[configure/change] a path for [connecting one
`component with another / routing data between
`components]
`
`
`Intrinsic Evidence:
`The ’662 Patent, 18:48-58; The ’177 Patent,
`18:16-26; The ’388 Patent, 18:16-26.
`
`The ’662 Patent, 8:41-50; The ’177 Patent, 8:30-
`39; The ’388 Patent, 8:32-41.
`
`
`
`
`2
`
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, February 23, 2009, at page 11
`(Exhibit 2).
`
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, July 7, 2005, at page 11 (Exhibit
`3).
`
`File History of EP Patent No. 1,565,819, Reply to
`EP Patent Office, August 13, 2008, at page 1
`(Exhibit 4).
`Proposed Construction:
`
`determining the rules in software to be executed
`by a switch to [configure/change] a path through
`the physical interconnection for [connecting one
`component with another / routing data between
`components], the sequence of operations not
`including consulting a table
`
`
`
`
`Intrinsic Evidence:
`’662 Patent: Col. 6:6-8, 9:55-65, 13:53-60; 19:28-
`31, 14:21-16:24, 16:62-17:44, 25:18-26, and Figs.
`2-4, 6-8, and 11
`
`File History of the ’177 Patent: Amendment dated
`July 18, 2008 (Exhibit 1) and Amendment dated
`February 23, 2009 (Exhibit 2).
`
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, July 7, 2005, at page 11 (Exhibit
`3).
`
`File History of EP Patent No. 1,565,819, Reply to
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 3
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`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 3 of 16 PageID #: 399
`
`
`
`(4) error
`
`’388 patent,
`Claim 14
`
`Proposed Construction:
`
`Plain and ordinary meaning.
`
`Intrinsic Evidence:
`The ’388 Patent, 6:44-54; 12:43-58; 22:13-34.
`
`(5) “external
`management system”
`
`
`’662 Patent,
`claim 4;
`
`’388 Patent,
`Claim 3 and
`10.
`
`Proposed Construction
`
`system external to storage system for reading or
`writing data, which is used for configuration
`management
`
`
`Intrinsic Evidence:
`‘662 Patent, 4:31-50; 3:27-39; 4:28-46; 5:9-31;
`6:21-44; 7:39-64; 8:14-24; 9:54 to 10:28; Figure
`1 and 2; ‘388 Patent, 3:27-39; 4:28-46; 5:19-25;
`6:21-44; 7:39-64; 8:14-24; 9:54 to 10:28; Figure
`1 and 2.
`
`
`EP Patent Office, August 13, 2008, at page 1
`(Exhibit 4).
`Proposed Construction:
`
`Same as fault. (i.e. “operational failure”)
`
`Intrinsic Evidence:
`’388 Patent, 12:43-58; Claim 14
`
`Proposed Construction
`
`system external to storage system and separate
`from servers for reading or writing data, which is
`used for configuration management
`
`Intrinsic Evidence:
`’662 Patent, 4:31-42, 5:24-27, 8:30-33, 6:46-51,
`7:47-58, 10:11-27, Figs. 1 and 2 and related
`descriptions.
`
`’388 Patent, 4:28-39, 5:19-22, 6:38-43, 7:39-49,
`8:21-24, 9:65-10:13, Figs. 1 and 2 and related
`descriptions.
`
`(6) “interconnecting
`the memory sections
`and the external
`device interfaces
`based on an
`algorithm”
`
`’662 patent,
`Claim 1, 4,
`5, 6, 12, 13
`
`’177 patent,
`claim 1;
`
`
`’388 patent,
`
`Proposed Construction:
`
`executing rules in software to configure selected
`interconnections based on an algorithm so as to
`connect the memory section and the external
`device
`
`
`
`Intrinsic Evidence:
`
`Proposed Construction:
`
`executing rules in software to configure selected
`physical interconnections based on an algorithm so
`as to connect the memory section and the external
`device
`
`
`Intrinsic Evidence:
`
`
`
`3
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 4
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`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 4 of 16 PageID #: 400
`
`
`
`claim 1;
`
`(7) “management
`system”
`
`’177 Patent ,
`Claims 1, 3,
`4, 11, 13,
`14, 18
`
`
`
`
`Summary Section of the Invention of the ‘662,
`‘177 and ‘682 patents.
`
`
`‘622 Patent, Figure 6, Figure 7, 6:3-12, 9:52-64,
`13:36 to 14:34, 18:59 to 19:2, 19:21 to 35,
`21:5-30. 22:37-43;
`
`
`‘388 Patent, Figure 6, Figure 7, 7:63 to 8:4,
`13:13-59; 18:27-37; 20:36-60; 21:64 to 22:3;
`24:51-56; 9:41-53; 13:30-49; 14:30-34; 20:54
`to 21:10.
`
`
`‘177 Patent: Figure 6, Figure 7, 7:63 to 8:4,
`13:13-62; 18:27-37; 20:36-60; 21:64 to 22:3;
`24:51-56; 9:41-53; 13:30-49; 14:30-34; 20:54
`to 21:10.
`
`
`
`Proposed Construction:
`
`system capable of controlling operations of one or
`more switches and/or one or more memory
`sections
`
`
`Intrinsic Evidence:
`The ’662 Patent, 4:31-50, 3:27-39, 4:28-46, 5:9-
`31, 6:21-44; 7:39-64; 8:14-24;9:54 to 10:28;
`Figure 1, 2; The ’177 Patent, 4:25-43, 3:25-38;
`5:16-22; 6:19-35; 5:41-59; 6:25-40; 8:12-22;
`7:37-62; 8:50-64; 9:52 to 10:25; Figure 1, 2; The
`’388 Patent, 3:27-39, 4:28-46, 5:19-25, 6:21-44;
`7:39-64; 8:14-24;9:54 to 10:28; Figure 1, 2.
`
`
`4
`
`’662 Patent: Col. 2:19-32, 4:19-30, 6:6-8, 9:55-65,
`13:53-60; 19:28-31, 14:21-16:24, 16:62-17:44,
`25:18-26, and Figs. 2-4, 6-8, and 11
`
`File History of the ’177 Patent: Amendment dated
`July 18, 2008 (Exhibit 1) and Amendment dated
`February 23, 2009 (Exhibit 2).
`
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, July 7, 2005, at page 11 (Exhibit
`3).
`
`
`File History of EP Patent No. 1,565,819, Reply to
`EP Patent Office, August 13, 2008, at page 1
`(Exhibit 4).
`
`
`
`
`
`
`Proposed Construction:
`
`system external to switches and memory sections
`for controlling operations of one or more switches
`and one or more memory sections
`
`
`Intrinsic Evidence:
`’662 Patent: Claims 1, 4- 6, 12-14, 17, 19-21;
`Abstract; 2:11-32; 5:24-37; 5:60-67; 6:13-22;
`6:29-34; 6:63-10:67; 11:27-44; 13:10-14; 13:53-
`14:20; 19:26-35; 22:53-23:7; 23:66-24:12; 24:24-
`37; FIGS. 2, 3, 4, 5, 6, 7, 16 and associated
`descriptions
`
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 5
`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 5 of 16 PageID #: 401
`
`
`
`’177 Patent: Claims 1, 3, 4, 11, 13-14, 18;
`Abstract; 2:13-34; 5:16-27; 5:50-56; 6:3-12; 6:19-
`24; 6:62-10:48; 11:9-25; 12:54-58; 13:30-62;
`18:59-67; 22:13-34; 23:26-38; 23:51-65; FIGS. 2,
`3, 4, 5, 6, 7, 16 and associated descriptions
`
`’388 Patent: Claims 1, 2, 8, 12, 14; Abstract;
`2:16-37; 5:19-30; 5:53-59; 6:6-14; 6:21-26; 6:63-
`10:50; 11:11-27; 12:54-58; 13:30-62; 18:59-67;
`22:13-34; 23:23-34; 23:46-58; FIGS. 2, 3, 4, 5, 6,
`7, 16 and associated descriptions
`
`File History of ’177 Patent: July 18, 2008
`Amendment, at 4-6 (Exhibit 1); February 23, 2009
`Reply to Office Action, at 10-12 (Exhibit 2)
`
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, July 7, 2005, at 11 (Exhibit 3).
`
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, February 24, 2006, at 23-24
`(Exhibit 12
`
`
`Proposed Construction:
`
`Random access memory
`
`Intrinsic Evidence:
`’662 Patent: Claims 1-3, 5, 10, and 14-16; 1:18-
`2:10; 3:28-42; 10:50-57; 11:12-21; FIGS. 5, 6, 7,
`11, 15 and 16.
`
`’388 Patent: Claims 4, 9, and 15.
`
`File History of EP Patent No. 2,060,976, Reply to
`
`(8) “memory device”
`
`
`
`’662 Patent,
`Claims 1, 4,
`5, 6, 9, 10,
`11, 12, 13,
`14, 15, 16,
`17, 18, 19,
`20, 21;
`
`’388 Patent,
`Claims 1, 2,
`4, 5, 6, 8,
`
`Proposed Construction:
`
`Plain and ordinary meaning.
`
`Intrinsic Evidence:
`
`The ’662 Patent, 5:9-23, 8:34-40; 8:51-60; 11 1-
`26, figures 11, 14, 15; The ’177 Patent, 5:1-15;
`8:23-29; 8:40-49; 10:52 to 11:53, figures 11, 14,
`15; The ’388 Patent, 10:63 to 11:9, figures 11, 14,
`15.
`
`
`
`5
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 6
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`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 6 of 16 PageID #: 402
`
`
`
`EP Patent Office, June 14, 2010, at 2 (Exhibit 5).
`
`
`
`
`
`(9) “memory section”
`
`11, 13-17;
`
`’177 Patent,
`claims 1, 5,
`12, 13, 17
`
`
`
`’662, Claims
`1-6, 9, 12,
`13, 14, 17-
`21;
`
`’388, Claims
`1, 2, 5, 6, 8,
`9, 11, 12,
`13, 14, 16,
`17;
`
`’177 patent,
`Claims 1, 5,
`12, 13, 15,
`17
`
`Proposed Construction:
`
`a subsystem including one or more memory
`devices for storing information
`
`Intrinsic Evidence:
`
`The ’662 Patent, 5:1-14; 4:47-56; 5:9-23, 5:44-
`57; 6:5-37; 7:39 to 8:64; figures 5, 6, 7, and 16.
`The ’177 Patent, 5:1-15; 4:47-56; 5:9-23, 5:44-
`57; 6:5-37; 7:39 to 8:64; figures 5, 6, 7, and 16.
`The ’388 Patent, 4:47-56; 5:9-23, 5:44-57; 6:5-
`37; 7:39 to 8:64; figures 5, 6, 7, and 16.
`
`
`
`
`Proposed Construction:
`a subsystem including one or more memory
`devices for storing information, the subsystem
`acting independent from other subsystems
`
`
`Intrinsic Evidence:
`’662 Patent: 2:11-32; 5:9-23; 5:51-6:62; 7:47-
`10:57; 11:1-13:32; 26:30-29:13; FIGS. 2, 5-9; 16
`and associated descriptions
`
`’177 Patent: 2:13-34; 5:1-15; 5:41-6:52; 7:37-
`10:39; 10:50-13:10; 25:53-28:27; FIGS. 2, 5-9; 16
`and associated descriptions
`
`’388 Patent: 2:16-37; 5:4-18; 5:44-6:54; 7:39-
`10:41; 10:52-13:9; 25:47-28:24; FIGS. 2, 5-9; 16
`and associated descriptions
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, July 18, 2008, at pages 2-4
`(Exhibit 1).
`
`Proposed Construction:
`
`A physical device that controls a memory section,
`and is separate from a memory device, switch, and
`management system
`
`
`Intrinsic Evidence:
`
`(10) “memory section
`controller”
`
`
`
`’662 Patent,
`Claims 1, 4,
`5, 6, 9, 12,
`13, 14, 17,
`18, 19, 20,
`21;
`
`
`Proposed Construction:
`a hardware or software component that controls a
`memory section
`
`
`Intrinsic Evidence:
`
`The ’662 Patent, 5:1-14; The ’177 Patent, 5:1-15;
`
`6
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 7
`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 7 of 16 PageID #: 403
`
`
`
`’388 Patent,
`Claims 1, 8,
`14.
`
`The ’388 Patent, 5:9-23;
`
`Figures 5-7 and Summary Section of the
`Invention
`
`
`
`(11) “non-volatile
`storage device”
`
`
`’662 Patent,
`Claim 1. 2,
`14-16;
`
`‘388 Patent,
`Claims 4, 9,
`and 15
`
`Proposed Construction:
`dedicated storage device that can store back-up
`versions of data and is capable of retaining data
`without power
`
`
`
`Intrinsic Evidence:
`’622 Patent, figure 1, 3:27-41; ’388 Patent, figure
`1, 3:27-40; 10:28-41; ’177 Patent, figure 1, 3:25-
`38; 10:26-39.
`
`
`
`7
`
`’662 Patent: Claims 1, 4-6, 12-14, 17, 19-21;
`Abstract; 2:11-32; 8:34-60; 11:1-13:32; 13:53-57;
`19:4-20:34; 21:5-22:43; 22:53-23:7; 23:31-55;
`24:12-23; 24:45-25:14; FIGS. 5-7; 16 and
`associated descriptions
`
`’177 Patent: Claims 1, 4, 12-14; Abstract; 2:13-
`34; 8:23-49; 10:50-13:10; 18:38-19:65; 20:36-
`22:3; 22:13-34; 22:57-23:14; 23:39-50; 24:6-42;
`FIGS. 5-7; 16 and associated descriptions
`
`’388 Patent: Claims 1, 8, 11, 14; Abstract; 2:16-
`37; 8:25-51; 10:52-13:9; 13:30-34; 18:38-19:65;
`20:36-22:3; 22:13-34;
`22:57-23:14; 23:35-45; 23:66-24:35; FIGS. 5-7;
`16 and associated descriptions
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, July 18, 2008, at 3-5 (Exhibit 1).
`
`File History of U.S. Pat. No. 7,707,351: Oct. 11,
`2007 Reply, at 3-5 (Exhibit 6).
`
`Proposed Construction:
`dedicated storage device separate from a memory
`section, which stores back-up versions of data and
`is capable of retaining data without continuous
`power
`
`
`Intrinsic Evidence:
`’662 Patent, Claims 1-3, 5, 10, and 14-16; 3:39-41;
`4:19-30; 10:44-57; 15:9-22; 19:21-35; FIGS. 1 and
`2.
`
`’388 Patent, Claims 4, 9, and 15.
`
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 8
`
`

`

`
`(12) “removing from
`service the memory
`section from which
`the fault message was
`received”
`
`(13) “switch”
`
`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 8 of 16 PageID #: 404
`
`Proposed Construction:
`suspending normal read and write operations to
`the failed memory device
`
`Intrinsic Evidence:
`Summary Section of the Invention, ‘662 Patent,
`‘177 Patent, ‘388 Patent.
`‘662 Patent; 8:7-22; 9:51 to 10:7; ‘388 Patent,
`8:14-65, 10:28-41; ‘177 Patent, 8:12-63, 10:26-
`39.
`
`Proposed Construction:
`a hardware or software component that includes
`one or more interfaces and a switch fabric, and
`that directs data requests and associated data
`between the memory section and other
`components of the system
`
`Intrinsic Evidence:
`The ’662 Patent, Figures 2, 5, 6, 7, 8, 9, 12,
`Summary Section of Invention, 4:51-60; The ’388
`Patent, Figures 2, 5, 6, 7, 8, 9, 12, Summary
`Section of Invention, 4:47-56; 5:63-6:5; The ’177
`Patent, Figures 2, 5, 6, 7, 8, 9, 12, Summary
`Section of Invention, 4:44-53; 5:60 to 6:2; 6:13 to
`6:18.
`
`’622 Patent,
`Claims 1, 4,
`5, 6, 12-14,
`17, 19, 20,
`21;
`
`‘177 Patent,
`Claims 13
`and 19;
`
`‘388 Patent,
`Claims 7
`and 14
`
`’177 Patent:
`Claims 5, 6,
`8, 13, 14,
`15, 16, 17,
`18;
`
`’388 Patent:
`Claims 2, 4,
`5, 8, 9, 12,
`13, 14, 15,
`16;
`
`’662 Patent:
`Claims 1, 3,
`5, 12, 13,
`14, 16, 17,
`19, 20, 21
`
`Proposed Construction:
`Configuring the switch/switch fabric to change
`physical interconnections so as to disconnect the
`faulty memory section from the storage system
`
`Intrinsic Evidence:
`All independent claims
`’662 Patent: 8:6-19; 8:61-9:7.
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, July 18, 2008, at 2-4, 6 (Exhibit
`1).
`
`Proposed Construction:
`A device, external to the memory section and a
`management system, that includes one or more
`interfaces and a switch fabric, and that directs data
`requests and associated data between the memory
`section and other components of the system
`outside the switch
`
`Intrinsic Evidence:
`’662 Patent, FIGS. 2, 5-9, and 12
`Col. 2:19-24; 4:53-55; 6:3-8; 6:23-28; 9:41-55;
`9:60-64; 13:36-16:60; 17:57-18:3; 18:48-58; 19:4-
`7; 19:28-29; 21:5-30; 23:66-24:7
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, July 18, 2008, at 2-4 (Exhibit 1).
`
`File History of U.S. Patent No. 7,415,565,
`Examiner Interview Summary Record (Exhibit 7);
`and January 25, 2007 Amendment to the claims
`(Exhibit 8).
`
`
`
`
`8
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 9
`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 9 of 16 PageID #: 405
`
`
`
`File History of U.S. Patent No. 7,707,351, Reply
`to Office Action, July 7, 2005, at 28-29 (Exhibit
`9).
`
`File History of U.S. Patent No. 7,707,351,
`February 21, 2006 Applicant Arguments/Remarks
`Made in an Amendment, at 29-31 (Exhibit 10).
`
`File History of U.S. Patent No. 7,707,351, Reply
`to Office Action, September 25, 2006, at pages 27-
`29 (Exhibit 11).
`
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, February 24, 2006, at 23-24
`(Exhibit 12).
`
`File History of U.S. Patent No. 7,707,351, Reply
`to Office Action, October 11, 2007, at 4 (Exhibit
`6).
`
`File History of EP Patent No. 1,565,819, Reply to
`EP Patent Office, August 13, 2008, at 1 (Exhibit
`4).
`
`Proposed Construction:
`physical component within the switch and separate
`from the switch fabric, which controls the switch
`
`Intrinsic Evidence:
`’662 Patent, FIGS. 2, 5-9, and 12
`Col. 2:19-24; 4:53-55; 6:3-8; 6:23-28; 9:41-55;
`9:60-64; 13:36-16:60; 17:57-18:3; 18:48-58; 19:4-
`7; 19:28-29; 21:5-30; 23:66-24:7
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, July 18, 2008, at 3 (Exhibit 1).
`
`(14) “switch
`controller”
`
`’177 Patent:
`Claims 1, 4,
`13;
`
`’388 Patent:
`Claims 1, 2,
`5, 8, 12, 14,
`16
`
`Proposed Construction:
`Plain and ordinary meaning
`
`Intrinsic Evidence:
`The ’662 Patent, Figures 2, 5, 6, 7, 8, 9, 12,
`Summary Section of Invention, 4:51-60; ; 9:41-
`51.The ’388 Patent, Figures 2, 5, 6, 7, 8, 9, 12,
`Summary Section of Invention, 4:47-56; 5:63-
`6:5; ; 9:30-40; The ’177 Patent, Figures 2, 5, 6, 7,
`8, 9, 12, Summary Section of Invention, 4:44-53;
`5:60 to 6:2; 6:13 to 6:18; 9:28-38.
`
`
`
`9
`
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`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 10 of 16 PageID #: 406
`
`
`
`
`File History of U.S. Patent No. 7,415,565,
`Examiner Interview Summary Record (Exhibit 7);
`and January 25, 2007 Amendment to the claims
`(Exhibit 8).
`
`File History of U.S. Patent No. 7,707,351, Reply
`to Office Action, July 7, 2005, at 28-29 (Exhibit
`9).
`
`File History of U.S. Patent No. 7,707,351,
`February 21, 2006 Applicant Arguments/Remarks
`Made in an Amendment, at 29-31 (Exhibit 10).
`
`File History of U.S. Patent No. 7,707,351, Reply
`to Office Action, September 25, 2006, at pages 27-
`29 (Exhibit 11).
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, February 23, 2009, at 2, 10-11
`(Exhibit 2).
`
`Proposed Construction:
`the physical interconnection architecture within a
`switch that directs data from an incoming interface
`to an outgoing interface
`
`Intrinsic Evidence:
`’662 Patent, FIGS. 2, 5-9, and 12
`Col. 2:19-24; 4:53-55; 6:3-8; 6:23-28; 9:41-55;
`9:60-64; 13:36-16:60; 17:57-18:3; 18:48-58; 19:4-
`7; 19:28-29; 21:5-30; 23:66-24:7
`
`File History of U.S. Patent No. 7,543,177, Reply
`to Office Action, July 18, 2008, at 2-4 (Exhibit 1).
`
`
`(15) “switch fabric”
`
`
`
`’177 Patent:
`Claims 1, 2,
`3, 6, 7;
`
`’388 Patent:
`Claims 1, 8;
`
`’662 Patent:
`Claims 1, 4,
`5, 6, 12, 13
`
`Proposed Construction:
`the physical interconnection architecture that
`directs data from an incoming interface to an
`outgoing interface
`
`
`Intrinsic Evidence:
`The ’662 Patent, 6:3-12; The ’177 Patent, 5:60 to
`6:2; The ’388 Patent, 5:63 to 6:5.
`
`
`
`
`
`
`
`10
`
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`PAGE 11
`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 11 of 16 PageID #: 407
`
`File History of U.S. Patent No. 7,415,565,
`Examiner Interview Summary Record (Exhibit 7);
`and January 25, 2007 Amendment to the claims
`(Exhibit 8).
`
`File History of U.S. Patent No. 7,707,351, Reply
`to Office Action, July 7, 2005, at 28-29 (Exhibit
`9).
`
`File History of U.S. Patent No. 7,707,351,
`February 21, 2006 Applicant Arguments/Remarks
`Made in an Amendment, at 29-31 (Exhibit 10).
`
`File History of U.S. Patent No. 7,707,351, Reply
`to Office Action, September 25, 2006, at 27-29
`(Exhibit 11).
`
`
`
`11
`
`
`
`
`
`
`
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`PAGE 12
`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 12 of 16 PageID #: 408
`
`
`
`Claim Term
`
`(16) means for
`receiving the fault
`message
`
`
`
`(17) means for
`detecting a fault in
`regard to the data
`stored by the means
`for storing and
`transmitting a fault
`message in response
`to the fault
`
`(18) means for
`receiving the fault
`message, removing
`from service the
`means for storing
`from which the fault
`message was received
`by changing the
`routing algorithm,
`
`
`
`
`MEANS PLUS FUNCTION CLAIMS
`
`
`Parallel Iron’s Proposed Constructions and
`Intrinsic Evidence Citations
`
`Defendants’ Proposed Constructions and
`Intrinsic Evidence Citations
`
`
`
`Function:
`Receiving the fault message
`
`
`Function:
` Receiving the fault message
`
`
`Structure
`
`’177 Patent Col. 8:12-23
`
`’388 Patent Col. 8:14-24
`
`
`
`
`Structure
`Indefinite
`
`Function:
` detecting a fault in regard to the data stored by
`the means for storing and transmitting a fault
`message in response to the fault
`
`
`Function:
` (1) detecting a fault in regard to the data stored by
`the means for storing; and (2) transmitting a fault
`message in response to the fault
`
`
`Appears in
`Asserted
`Claim Nos.
`
`’177 Patent:
`Claim 19;
`
`’388 Patent:
`Claim 7
`
`
`’177 Patent:
`Claim 19;
`
`’388 Patent:
`Claim 7
`
`Structure
`’388 Patent: Col 4:16-27, 7:39-64, 11:38-53,
`12:43-58
`
`
`
`’177 Patent:
`Claim 19
`
`
`
`Function:
`receiving the fault message, removing from
`service the means for storing from which the
`fault message was received by changing the
`routing algorithm, determining the routing
`algorithm for use by the programmable means
`for switching in connecting the means for
`storing and the one or more interfaces, and
`instructing the programmable means for
`12
`
`
`
`Structure
`Indefinite
`
`Function:
`(1) receiving the fault message; (2) removing from
`service the means for storing from which the fault
`message was received by changing the routing
`algorithm; (3) determining the routing algorithm
`for use by the programmable means for switching
`in connecting the means for storing and the one or
`more interfaces; and (4) instructing the
`programmable means for switching to execute the
`
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`
`

`

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`
`
`determining the
`routing algorithm for
`use by the
`programmable means
`for switching in
`connecting the means
`for storing and the one
`or more interfaces,
`and instructing the
`programmable means
`for switching to
`execute the
`determined routing
`algorithm, such that
`the programmable
`means for switching
`connects the means
`for storing to the one
`or more interfaces
`based on the routing
`algorithm
`
`(19) means for
`removing from service
`the means for storing
`associated with the
`fault message by
`changing the routing
`algorithm executed by
`the programmable
`means for forming
`connections
`
`
`
`
`
`switching to execute the determined routing
`algorithm, such that the programmable means
`for switching connects the means for storing to
`the one or more interfaces based on the routing
`algorithm
`
`determined routing algorithm, such that the
`programmable means for switching connects the
`means for storing to the one or more interfaces
`based on the routing algorithm
`
`
`
`
`Structure
`’388 Patent: Col. 8:53-65
`
`Structure
`Indefinite
`
`’388 Patent:
`Claim 7
`
`
`
`Function:
` removing from service the means for storing
`associated with the fault message by changing
`the routing algorithm executed by the
`programmable means for forming connections
`
`
`Function:
`removing from service the means for storing
`associated with the fault message by changing the
`routing algorithm executed by the programmable
`means for forming connections
`
`
`Structure
`’177 Patent Col. 8:50-63
`
`
`
`Structure
`
`Indefinite
`
`13
`
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`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 14 of 16 PageID #: 410
`
`
`(20) means for storing
`
`
`
`
`
`
`
`
`Function:
` Storing
`
`
`
`’177 Patent:
`Claim 19;
`
`’388 Patent:
`Claim 7
`
`Structure
`’177 Patent: Col. 9:39-51, 11:54-12:10; Figs.
`11, 12 (and corresponding description in
`specification)
`
`Function:
` storing
`
`
`
`Structure
`The combined structure of “means for storing data
`in storage locations” and the “means for detecting
`a fault, in regard to the data stored by the means
`for storing, and transmitting a fault message, in
`response to the fault”
`
`Intrinsic Evidence
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, July 7, 2005, at 7 (Exhibit 3).
`
`
`(21) means for storing
`data in storage
`locations
`
`
`
`
`
`Function:
` Storing data in storage locations
`
`
`Function:
` Storing data in storage locations
`
`
`
`
`’177 Patent:
`Claim 19;
`
`’388 Patent:
`Claim 7
`
`Structure
`
`’177 Patent: Col. 3:25-51, Col. 4:13-24, Fig. 1
`’388 Patent: Col. 3:27-54, 4:16-27, Fig. 1
`
`(22) programmable
`means for forming
`
` Function:
` forming connections between the means for
`
`
`
`14
`
`Structure
`Section controller 54 configured to implement the
`algorithm described in FIG. 12 at steps S1232-
`S1236 and the corresponding portion of the ’177
`patent specification at 19:24-40 and 19:53-60 or at
`24:63-25:17 (’338 patent at 19:24-40 and 19:53-60
`or at 24:56-67)
`
`Intrinsic Evidence
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, July 7, 2005, at 7 (Exhibit 3).
`
`
`
`Function:
` forming connections between the means for
`
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`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 15 of 16 PageID #: 411
`
`
`
`
`
`
`
`
`connections between
`the means for storing
`and one or more
`interfaces according to
`a routing algorithm
`executed by the
`programmable means
`for forming
`connections
`
`
`
`(23) programmable
`means for forming
`connections
`
`(24) programmable
`means for switching
`data being transmitted
`between the means for
`storing and one or
`more interfaces based
`on a routing algorithm
`
`’388 Patent:
`Claim 7
`
`storing and one or more interfaces according to
`a routing algorithm executed by the
`programmable means for forming connections
`
`
`storing and one or more interfaces according to a
`routing algorithm executed by the programmable
`means for forming connections
`
`
`Structure
`’388 Patent: Col. 9:41-53, 11:55-12:11; Figs.
`11, 12 (and corresponding description in
`specification)
`
`Structure
`indefinite
`
`
`
`’388 Patent:
`Claim 7
`
`Function:
` forming connections
`
`
`Structure
`’177 Patent: Col. 9:41-53, 11:55-12:11; Figs.
`11, 12 (and corresponding description in
`specification)
`
`
`
`Function:
` f switching data being transmitted between the
`means for storing and one or more interfaces
`based on a routing algorithm
`
`
`’177 Patent:
`Claim 19
`
`Structure
`’177 Patent: Col. 9:39-51, 11:54-12:10; Figs.
`11, 12 (and corresponding description in
`specification)
`
`Proposed Construction:
`Same as “programmable means for forming
`connections between the means for storing and one
`or more interfaces according to a routing algorithm
`executed by the programmable means for forming
`connections”
`
`
`
`
`Function:
`switching data being transmitted between the
`means for storing and one or more interfaces based
`on a routing algorithm
`
`
`Structure
`indefinite
`
`Intrinsic Evidence
`File History of U.S. Patent No. 7,415,565, Reply
`to Office Action, July 7, 2005, at 7 (Exhibit 3).
`
`
`
`
`
`15
`
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`
`

`

`Case 1:12-cv-01035-RGA Document 33-1 Filed 07/26/13 Page 16 of 16 PageID #: 412
`
`
`
`Function:
` Switching
`
`
`
`Structure
`’177 Patent: Col. 9:39-51, 11:54-12:10; Figs.
`11, 12 (and corresponding description in
`specification)
`
`Proposed Construction:
`Same as “programmable means for switching data
`being transmitted between the means for storing
`and one or more interfaces based on a routing
`algorithm”
`
`
`
`
`
`
`
`’177 Patent:
`Claim 19
`
`
`
`16
`
`
`(25) Programmable
`means for switching
`
`
`
`
`
`
`UNIFIED PATENTS EXHIBIT 1002
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`
`

`

`Case 1:12-cv-01035-RGA Document 33-2 Filed 07/26/13 Page 1 of 2 PageID #: 413
`
`
`
`EXHIBIT B
`
`STATEMENT OF AGREED-UPON TERMS
`
`
`Claim Term
`
`Patent (Claims)
`
`Agreed Upon Construction
`
`(1) “fault”
`
`(2) “fault message”
`
`’177 Patent: Claims 1, 13, 19;
`’388 Patent: Claims 1, 2, 3, 7, 8;
`’662 Patent: Claims 14, 17, 19,
`20, 21
`
`
`’177 Patent: Claims 1, 3, 19;
`’388 Patent: Claims 1, 7, 8, 14,
`15;
`’662 Patent: Claims 1, 3, 4, 5, 6,
`12, 13, 14, 17, 19, 20, 21
`
`
`
`
`
`
`(3) “inactivating”
`
`’177 Patent: Claim 1;
`’388 Patent: Claims 1, 8
`
`(4) “memory section
`controller capable of
`detecting faults in the
`memory section”
`
`
`
`’177 Patent: Claim 1;
`’388 Patent: Claims 1, 5, 8, 16;
`’662 Patent: Claims 1, 4, 5, 6,
`12, 13
`
`’662 Patent: Claims 10, 11
`
` Operational failure.
`
`Communication identifying that a fault has occurred and providing information
`regarding the fault.
`
`Means the same as “removing from service the memory section from which the
`fault message was received” (subject to the Court’s construction of related terms).
`
`Plain and ordinary meaning (subject to the construction of “fault,” “memory
`section,” and “memory section controller.”
`
`(5) “outputs”
`
`Plain and ordinary meaning
`
`(6) “receiving fault
`messages from the
`memory section
`
`’177 Patent: Claim 1;
`’388 Patent: Claim 1;
`’662 Patent: Claims 1, 4, 5, 6,
`
`Plain and ordinary meaning (subject to the construction of “fault message” and
`“memory section controller”)
`
`
`
`17
`
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`
`

`

`Case 1:12-cv-01035-RGA Document 33-2 Filed 07/26/13 Page 2 of 2 PageID #: 414
`
`
`controller(s)”
`
`12, 13
`
`
`
`
`’662 Patent: Claims 5, 10, 11,
`19, 20
`
`’177 Patent: Claims 1, 5, 13, 15,
`19;
`’388 Patent: Claims 1, 2, 6, 7, 8,
`14, 17;
`’662 Patent: Claims 1, 4, 5, 6, 9,
`12, 13, 14, 17, 18, 19, 20, 21
`
`’177 Patent: Claims 1, 13, 19;
`’388 Patent: Claim 1;
`’662 Patent: Claims 1, 4, 5, 6,
`12, 13, 14, 17, 19, 20, 21
`
`’662 Patent: Claim 2
`
`(7) “shift register”
`
`(8) “storage location”
`
`(9) “transmitting a
`fault message to the
`detected fault(s)
`
`(10) store a back-up of
`data stored by one or
`more of the memory
`sections into the non-
`volatile storage device
`
`
`
`Any register, device, stage or anything else with one or more selectable inputs that
`allows a signal to be received at an input and then output on the occurrence of some
`event, such as, for example, a control or clock signal
`
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning (subject to the construction of “fault” and “fault
`message.”)
`
`Plain and ordinary meaning (subject to the construction of “memory sections” and
`“non-volatile storage device”)
`
`
`
`18
`
`UNIFIED PATENTS EXHIBIT 1002
`PAGE 19
`
`