Case 8:14-cv-00947-CJC-DFM Document 30 Filed 05/15/15 Page 1 of 5 Page ID #:350
`
`
`
`Michael T. Hornak (State Bar No. 81936)
`email: mhornak@rutan.com
`Ronald P. Oines (State Bar No. 145016)
`email: roines@rutan.com
`Bradley A. Chapin (State Bar No. 232885)
`email: bchapin@rutan.com
`Benjamin Deming (State Bar No. 233687)
`bdeming@rutan.com
`RUTAN & TUCKER, LLP
`611 Anton Boulevard, Fourteenth Floor
`Costa Mesa, California 92626-1931
`Telephone: 714-641-5100
`Facsimile: 714-546-9035
`
`Attorneys for Plaintiffs HID GLOBAL
`CORPORATION and ASSA ABLOY AB
`
`William A. Delgado (Bar No. 222666)
`email: wdelgado@willenken.com
`WILLENKEN WILSON LOH & DELGADO LLP
`707 Wilshire Blvd., Suite 3850
`Los Angeles, California 90017
`Telephone: (213) 955-9240
`Facsimile: (213) 955-9250
`
`Attorneys for Defendant, KWIKSET CORPORATION
`
`
`HID GLOBAL CORPORATION, a
`Delaware corporation; and ASSA
`ABLOY AB, a Swedish Limited
`Liability Company,
`
`Plaintiffs,
`
`vs.
`
`KWIKSET CORPORATION, a
`Delaware corporation; and DOES 1
`through 10, inclusive,
`
`Defendants.
`
`
`
`
`
`
`
`2118/025100-0032
`8430592 2 a05/15/15
`135704.1
`
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`Case No. SACV14-00947 CJC (DFMx)
`
`
`
`JOINT CLAIM CONSTRUCTION
`AND PREHEARING STATEMENT
`PURSUANT TO PATENT LOCAL
`RULE 4-3
`
`
`
`JOINT CLAIM CONSTRUCTION AND
`PREHEARING STATEMENT PURSUANT TO
`PATENT L.R. 4-3
`
`
`
`SPECTRUM EX. 1006
`Spectrum Brands v. Assa Abloy
`US Patent No. 7,706,778
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30 Filed 05/15/15 Page 2 of 5 Page ID #:351
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`
`Pursuant to Patent Local Rule 4-3 of the Northern District of California,
`which the parties have agreed to be bound by, Plaintiffs HID GLOBAL
`CORPORATION and ASSA ABLOY AB (collectively “Plaintiffs”), and Defendant
`KWIKSET CORPORATION (“Defendant”) submit this Joint Claim Construction
`and Prehearing Statement for the construction of U.S. Patent Nos. 8,150,374 (the
`“‘374 Patent”) and United States patent no. 7,706,778 (the “‘778 Patent”)
`(collectively, “Asserted Patents”).
`A. CONSTRUCTION OF TERMS ON WHICH THE PARTIES AGREE
`(Patent Local Rule 4-3(a))
`The parties have not agreed on the construction of any claim terms.
`B. CONSTRUCTION OF DISPUTED TERMS (Patent Local Rule 4-3(b))
`The parties’ respective positions as to the construction of disputed terms, as
`well as identification of intrinsic and extrinsic evidence are set forth in Exhibit A
`hereto.
`C.
`IDENTIFICATION OF THE TERMS WHOSE CONSTRUCTION THE
`PARTIES BELIEVE WILL BE MOST SIGNIFICANT TO THE
`RESOLUTION OF THIS CASE (Patent Local Rule 4-3(c))
`The parties have identified the following terms as the most significant to the
`resolution of this case.
`1. “automatically cause[s] a message to be generated”
`2. “automatically initiate [initiating] a system update process”
`3. “credential”
`4. “credential data”
`5. “mobile device”
`6. “self-authenticating data”
`7. “smart mobile device”
`
`2118/025100-0032
`8430592 2 a05/15/15
`135704.1
`
`JOINT CLAIM CONSTRUCTION AND
`PREHEARING STATEMENT PURSUANT TO
`PATENT L.R. 4-3
`
`-1-
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30 Filed 05/15/15 Page 3 of 5 Page ID #:352
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`D. ANTICIPATED LENGTH OF TIME NECESSARY FOR THE CLAIM
`
`CONSTRUCTION HEARING (Patent Local Rule 4-3(d)).
`Plaintiff believes that the claim construction hearing should last no more than
`two to three hours.
`Defendant believes that the claim construction hearing should last no more
`than three to four hours.
`E. WHETHER THE PARTIES WILL CALL ANY WITNESSES AT THE
`CLAIM CONSTRUCTION HEARING (Patent Local Rule 4-3(e)).
`Plaintiff may call its expert witness Rick Mihran. Dr. Mihran may testify as
`to whether each term needs to be construed, and if construed, that Plaintiff’s
`proposed construction is consistent with what a person of ordinary skill in the art at
`the time of the invention would understand this term to mean.
`Defendant anticipates calling its expert witness, Ed Tittel, to testify in a
`manner consistent with the construction positions identified in Exhibit A.
`
`Dated: May 15, 2015
`
`RUTAN & TUCKER, LLP
`MICHAEL T. HORNAK
`RONALD P. OINES
`BRADLEY A. CHAPIN
`RAVI MOHAN
`
`By: /s/ Ronald P. Oines
`Ronald P. Oines
`Attorneys for Plaintiffs HID GLOBAL
`CORPORATION and ASSA ABLOY AB
`
`WILLENKEN WILSON LOH &
`DELGADO LLP
`
`By: /s/ William A. Delgado
`William A. Delgado
`Attorneys for Defendant
`KWIKSET CORPORATION
`
`JOINT CLAIM CONSTRUCTION AND
`PREHEARING STATEMENT PURSUANT TO
`PATENT L.R. 4-3
`
`-2-
`
`
`Dated: May 15, 2015
`
`
`
`
`
`2118/025100-0032
`8430592 2 a05/15/15
`135704.1
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30 Filed 05/15/15 Page 4 of 5 Page ID #:353
`
`
`
`SIGNATURE CERTIFICATION
`
`Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative
`Policies and Procedures Manual and Rule 5-4.3.4 (a)(2) of the United States District
`Court for the Central District of California Local Rules, I hereby certify that the
`content of this document is acceptable to William A. Delgado, counsel for Kwikset
`Corporation, and that I have obtained his authorization to affix his electronic
`signature to this document.
`
`Dated: May 15, 2015
`
`RUTAN & TUCKER LLP
`
`By: /s/ Ronald Oines
`Ronald Oines
`Attorneys for Plaintiffs
`HID GLOBAL CORPORATION and
`ASSA ABLOY AB
`
`
`
`
`
`
`
`2118/025100-0032
`8430592 2 a05/15/15
`135704.1
`
`JOINT CLAIM CONSTRUCTION AND
`PREHEARING STATEMENT PURSUANT TO
`PATENT L.R. 4-3
`
`-3-
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`Case 8:14-cv-00947-CJC-DFM Document 30 Filed 05/15/15 Page 5 of 5 Page ID #:354
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`CERTIFICATE OF SERVICE
`
`
`I hereby certify that I electronically filed the foregoing with the Clerk of the
`
`
`Court using the CM/ECF system which will send notification of such filing to the
`Electronic Service List for this Case.
`
`Dated: May 15, 2015
`
`RUTAN & TUCKER LLP
`
`By: /s/ Benjamin Deming
`Benjamin Deming
`Attorneys for Plaintiffs
`HID GLOBAL CORPORATION and
`ASSA ABLOY AB
`
`
`
`2118/025100-0032
`8430592 2 a05/15/15
`135704.1
`
`JOINT CLAIM CONSTRUCTION AND
`PREHEARING STATEMENT PURSUANT TO
`PATENT L.R. 4-3
`
`-4-
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 1 of 21 Page ID #:355
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Term
`
`Plaintiffs’ Proposed Construction
`
`Kwikset’s Proposed Construction
`
`“automatically cause[s] a
`message to be generated”
`[‘778 Patent claim 16;
`‘374 Patent claim 14]
`
`
`No construction necessary, but if construed:
`“cause[s] a message to be generated without
`user input”
`
`Intrinsic Evidence
`“It is thus one aspect of the present invention to
`provide a system and method that automatically
`updates credentials on a mobile device
`immediately after authorization changes have been
`made.”
`[‘778 Patent at 3:17-20]1
`
`“Specifically, the present invention utilizes
`communication techniques and protocols to
`automatically and remotely update credential
`information associated with one or a set of mobile
`devices.”
`[‘778 Patent at 4:60-63]
`
`“The communication network 116 provides a way
`for the controller 102 to automatically notify
`
`
`“cause a message to be created without
`receiving a message request from a user”
`
`Intrinsic Evidence
`Claims 2, 9, 14, 26, 31 in ’778 Patent.
`Claims 3, 13, 20, 29 in ’374 Patent.
`
`Col. 3:17-20.
`Col. 3:50-59.
`Col. 7: 5-8.
`Col. 9:36-62.
`Col. 9:63- Col. 10:6.
`Col. 10:7-32.
`Col. 10:60-64.
`
`’778 Patent File History, Office Action Response
`dated July 1, 2009, pg. 11. [AA0000161].
`
`’778 Patent File History, Office Action Response
`dated July 1, 2009, pg. 12. [AA0000162].
`
`’778 Patent File History, Office Action Response
`dated July 1, 2009, pg. 13. [AA0000163].
`
`
`1
`The ‘374 Patent is a continuation of the ‘778 Patent and therefore shares the same specification. Each passage described herein as appearing at a
`particular location in the ‘778 Patent is also found in the ‘374 Patent, except typically 1 line lower. For example, the instant passage appears in the ‘778 Patent at
`3:17-20 and in the ‘374 Patent at 3:18-21. Although not listed separately in this chart, it should be understood that all terms appearing in the ‘374 Patent and
`which are supported in this chart by passages from the ’778 Patent are also supported by the identical passages in the ‘374 Patent specification.
`2118/025100-0032
`A-1
`8429083.1 a05/15/15
`
`
`

`
`Term
`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 2 of 21 Page ID #:356
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Plaintiffs’ Proposed Construction
`and/or update information to the mobile devices
`112 related to the access system 100. ”
`[‘778 Patent at 7:4-7]
`
`“Referring now to FIG. 3, a method of
`automatically and remotely updating credential
`information on a mobile device 112 will be
`described in accordance with embodiments of the
`present invention. The method begins at step 300
`then proceeds to step 304 where credential
`information is changed at the controller 102. As
`noted above, credential information can include
`any data, set of data, encryption schemes, keys,
`transmission protocol, and the like, used by a
`particular mobile device 112 to verify its
`authenticity to a reader 108. Altering, modifying,
`enabling, disabling, revoking, adding, and
`updating any portion of the credential information
`may effect a change in the credential information.
`The credential information changed at the
`controller 102 is then updated at the database 130
`in step 308. Thereafter, in step 312, information is
`retrieved from the database 130 by the controller
`102 relating to what mobile device the changed
`information was associated with. The mobile
`device corresponding to the changed information
`is then identified as the target device. For
`example, if the access rights of one user have been
`modified, then the mobile device 112 associated
`with that user is the only mobile device 112 that
`
`Kwikset’s Proposed Construction
`
`’778 Patent File History, Office Action Response
`dated January 28, 2009, pg. 3. [AA0000126].
`
`’374 Patent File History, Response to Office
`Action dated Sept. 26, 2011, pg. 10.
`[AA0001137].
`
`’374 Patent File History, Response to Office
`Action dated Sept. 26, 2011, pg. 11.
`[AA0001138].
`
`Extrinsic Evidence
`
`’778 EPO Equivalent File History, Response to
`EPO Communication dated Feb. 23, 2015, pg. 3.
`
`’778 Canadian Equivalent File History, Response
`to Requisition for Appn. 2,647,713 dated May 8,
`2013, pg. 3.
`
`’778 Canadian Equivalent File History, Response
`to Requisition for Appn. 2,647,713 dated May 8,
`2013, pg. 4.
`
`Edward Tittel may provide testimony in support of
`Plaintiffs construction. Mr. Tittel will rely upon
`the asserted claims, specification, drawings and
`file history of the '778 Patent to support his
`testimony. In addition, Mr. Tittel may rely upon
`the IEEE Standard Dictionary: Glossary of Terms
`and Definitions (2009), American Heritage®
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-2
`
`

`
`Term
`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 3 of 21 Page ID #:357
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Plaintiffs’ Proposed Construction
`needs to have its respective memory 200 updated,
`and thus the single mobile device 112 is the
`targeted mobile device 112. Alternatively, a
`change may relate to a number of mobile devices
`112 and each device will need to receive the
`updated information on its respective memory
`200. Thus each mobile device 112 will become a
`targeted device.
`
`Once a targeted device is determined in step 312, a
`message is sent from the controller 102 to the
`determined (targeted) mobile device 112 via the
`communication network 116 in step 316. That
`information is received at the mobile device 112
`through interface 136 by the antenna 226 that
`forwards this information to the RF
`modulation/demodulation unit 230 where the
`signal is demodulated. The RF
`modulation/demodulation unit 230 then sends the
`demodulated update signal to processor 204. The
`processor updates the memory 200 to reflect the
`change that was made at the controller 102 in step
`320.”
`[‘778 Patent at 9:36-10:6]
`
`“Referring now to FIG. 4, another method of
`updating, enabling, and/or revoking the credentials
`of a mobile device 112 will be described in
`accordance with embodiments of the present
`
`Kwikset’s Proposed Construction
`Dictionary of the English Language (Fifth Edition
`2011), EPO and Canadian equivalent file histories
`for the ’778 Patent, Chaum, David. “Zero-
`knowledge undeniable signatures.” Advances in
`Cryptology—EUROCRYPT’90. Springer Berlin
`Heidelberg, 1991, U.S. Patent 6,170,744, U.S.
`Patent 6,229,806, U.S. Patent 5,781,629, and
`Schneier, Bruce, Applied Cryptography:
`Protocols, Algorithms and Source Code, C, J
`Wiley & Sons, 1996. “automatic Pertaining to a
`process or device that, under specified conditions,
`functions without intervention by a human
`operator. IEEE Standard Dictionary: Glossary of
`Terms and Definitions (2009).
`
`“automatic Acting or operating in a manner
`essentially independent of external influence or
`control.” American Heritage® Dictionary of the
`English Language (Fifth Edition 2011). retrieved
`February 24 2015 at
`http://www.thefreedictionary.com/automatic.
`“message A grouping of data elements (DEs) and
`message attributes, used to convey information.
`Note: For the purposes of this standard, a message
`is an abstract description using a message set
`template, not a specific instance.” IEEE Standard
`Dictionary: Glossary of Terms and Definitions
`(2009) quoting IEEE Std 1488-2000 and IEEE Std
`1489-1999.
`
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-3
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 4 of 21 Page ID #:358
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Kwikset’s Proposed Construction
`
`Term
`
`Plaintiffs’ Proposed Construction
`invention. The method starts at step 400 and
`proceeds to step 404 where a time interval
`between credential updates is determined. The
`time period may vary depending upon the
`requirements and security needs of the system
`100. For example, the interval may be set to
`update credentials every second, minute, hour, day
`or a variation thereof.”
`[‘778 Patent at 10:7-15]
`
`Extrinsic Evidence
`Dr. Richard Mihran may testify that this term does
`not need construction. Dr. Mihran may also
`testify that if the term is construed, Plaintiff’s
`proposed construction is consistent with what a
`person of ordinary skill in the art at the time of the
`invention would understand this term to mean.
`
`“automatically initiating a
`system update process”
`[‘778 Patent claim 1; ‘374
`Patent claim 1]
`
`“automatically initiate a
`system update process”
`[‘778 Patent claim 16;
`‘374 Patent claim 14]
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`No construction necessary, but if construed:
`“initiate [initiating] a system update process
`without user input ”
`
`Intrinsic Evidence
`“It is thus one aspect of the present invention to
`provide a system and method that automatically
`updates credentials on a mobile device
`immediately after authorization changes have been
`made.”
`
`
`“pushing credentials to a mobile device without
`a request from the user or the mobile device”
`
`Intrinsic Evidence
`Claims 2, 9, 14, 26, 31 in ’778 Patent.
`Claims 3, 13, 20, 29 in ’374 Patent.
`
`Col. 3:17-20.
`Col. 3:50-59.
`
`A-4
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 5 of 21 Page ID #:359
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Term
`
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`Plaintiffs’ Proposed Construction
`[‘778 Patent at 3:17-20]
`
`“Specifically, the present invention utilizes
`communication techniques and protocols to
`automatically and remotely update credential
`information associated with one or a set of mobile
`devices.”
`[‘778 Patent at 4:60-63]
`
`“The communication network 116 provides a way
`for the controller 102 to automatically notify
`and/or update information to the mobile devices
`112 related to the access system 100. ”
`[‘778 Patent at 7:4-7]
`
`“Referring now to FIG. 3, a method of
`automatically and remotely updating credential
`information on a mobile device 112 will be
`described in accordance with embodiments of the
`present invention. The method begins at step 300
`then proceeds to step 304 where credential
`information is changed at the controller 102. As
`noted above, credential information can include
`any data, set of data, encryption schemes, keys,
`transmission protocol, and the like, used by a
`particular mobile device 112 to verify its
`authenticity to a reader 108. Altering, modifying,
`enabling, disabling, revoking, adding, and
`
`A-5
`
`Kwikset’s Proposed Construction
`Col. 7:5-8.
`Col. 9:36-62.
`Col. 9:63- Col. 10:6.
`Col. 10:7-32.
`Col. 10:60-64.
`
`’778 Patent File History, Office Action Response
`dated July 1, 2009, pg. 11. [AA0000161].
`
`’778 Patent File History, Office Action Response
`dated July 1, 2009, pg. 12. [AA0000162].
`
`’778 Patent File History, Office Action Response
`dated July 1, 2009, pg. 13. [AA0000163].
`
`’778 Patent File History, Office Action Response
`dated January 28, 2009, pg. 3. [AA0000126].
`’374 Patent File History, Response to Office
`Action dated Sept. 26, 2011, pg. 10.
`[AA0001137].
`’374 Patent File History, Response to Office
`Action dated Sept. 26, 2011, pg. 11.
`[AA0001138].
`
`Extrinsic Evidence
`
`’778 EPO Equivalent File History, Response to
`EPO Communication dated Feb. 23, 2015, pg. 3.
`
`

`
`Term
`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 6 of 21 Page ID #:360
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Plaintiffs’ Proposed Construction
`updating any portion of the credential information
`may effect a change in the credential information.
`The credential information changed at the
`controller 102 is then updated at the database 130
`in step 308. Thereafter, in step 312, information is
`retrieved from the database 130 by the controller
`102 relating to what mobile device the changed
`information was associated with. The mobile
`device corresponding to the changed information
`is then identified as the target device. For
`example, if the access rights of one user have been
`modified, then the mobile device 112 associated
`with that user is the only mobile device 112 that
`needs to have its respective memory 200 updated,
`and thus the single mobile device 112 is the
`targeted mobile device 112. Alternatively, a
`change may relate to a number of mobile devices
`112 and each device will need to receive the
`updated information on its respective memory
`200. Thus each mobile device 112 will become a
`targeted device.
`
`Once a targeted device is determined in step 312, a
`message is sent from the controller 102 to the
`determined (targeted) mobile device 112 via the
`communication network 116 in step 316. That
`information is received at the mobile device 112
`through interface 136 by the antenna 226 that
`forwards this information to the RF
`modulation/demodulation unit 230 where the
`signal is demodulated. The RF
`
`Kwikset’s Proposed Construction
`
`’778 Canadian Equivalent File History, Response
`to Requisition for Appn. 2,647,713 dated May 8,
`2013, pg. 3.
`
`’778 Canadian Equivalent File History, Response
`to Requisition for Appn. 2,647,713 dated May 8,
`2013, pg. 4.
`
`Edward Tittel may provide testimony in support of
`Plaintiffs construction. Mr. Tittel will rely upon
`the asserted claims, specification, drawings and
`file history of the '778 Patent to support his
`testimony. In addition, Mr. Tittel may rely upon
`the IEEE Standard Dictionary: Glossary of Terms
`and Definitions (2009), American Heritage®
`Dictionary of the English Language (Fifth Edition
`2011), EPO and Canadian equivalent file histories
`for the ’778 Patent, Chaum, David. “Zero-
`knowledge undeniable signatures.” Advances in
`Cryptology—EUROCRYPT’90. Springer Berlin
`Heidelberg, 1991, U.S. Patent 6,170,744, U.S.
`Patent 6,229,806, U.S. Patent 5,781,629, and
`Schneier, Bruce, Applied Cryptography:
`Protocols, Algorithms and Source Code, C, J
`Wiley & Sons, 1996.
`
`“automatic Pertaining to a process or device that,
`under specified conditions, functions without
`intervention by a human operator. IEEE Standard
`Dictionary: Glossary of Terms and Definitions
`(2009).
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-6
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 7 of 21 Page ID #:361
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Kwikset’s Proposed Construction
`
`“automatic Acting or operating in a manner
`essentially independent of external influence or
`control.” American Heritage® Dictionary of the
`English Language (Fifth Edition 2011). retrieved
`February 24 2015 at
`http://www.thefreedictionary.com/automatic.
`
`Term
`
`Plaintiffs’ Proposed Construction
`modulation/demodulation unit 230 then sends the
`demodulated update signal to processor 204. The
`processor updates the memory 200 to reflect the
`change that was made at the controller 102 in step
`320.”
`[‘778 Patent at 9:36-10:6]
`
`“Referring now to FIG. 4, another method of
`updating, enabling, and/or revoking the credentials
`of a mobile device 112 will be described in
`accordance with embodiments of the present
`invention. The method starts at step 400 and
`proceeds to step 404 where a time interval
`between credential updates is determined. The
`time period may vary depending upon the
`requirements and security needs of the system
`100. For example, the interval may be set to
`update credentials every second, minute, hour, day
`or a variation thereof.”
`[‘778 Patent at 10:7-15]
`
`Extrinsic Evidence
`Dr. Richard Mihran may testify that this term does
`not need construction. Dr. Mihran may also
`testify that if the term is construed, Plaintiff’s
`proposed construction is consistent with what a
`person of ordinary skill in the art at the time of the
`invention would understand this term to mean.
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-7
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 8 of 21 Page ID #:362
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Term
`
`Plaintiffs’ Proposed Construction
`
`Kwikset’s Proposed Construction
`
`“Credential(s)”
`[‘778 Patent claim 1, 5, 6,
`9, 14, 16, 18, 22, 28, 31;
`‘374 Patent claim 1, 3, 13,
`14, 15, 16, 29]
`
`No construction necessary, but if construed:
`“data, set of data, encryption scheme, key,
`transmission protocol, and/or the like, used by
`a particular mobile device to verify its
`authenticity with a reader/interrogator”
`
`Intrinsic Evidence
`“As used herein, a “credential” or “credential
`information” is any data, set of data, encryption
`scheme, key, and/or transmission protocol used by
`a particular mobile device to verify its authenticity
`with a reader/interrogator.”
`[‘778 Patent at 3:43-46]
`
`“As noted above, credential information can
`include any data, set of data, encryption schemes,
`keys, transmission protocol, and the like, used by a
`particular mobile device 112 to verify its
`authenticity to a reader 108. ”
`[‘778 Patent at 9:41-44]
`
`“[C]redential information stored on a mobile
`device includes, at least partially, self-
`authenticating data, that the self-authenticating
`data is different after it has been changed or
`altered and that the self-authenticating data
`
`
`“any data, set of data, encryption scheme, key,
`and/or transmission protocol stored on a
`mobile device and used to verify its authenticity
`with a reader/interrogator”
`
`Intrinsic Evidence
`Claim 3, 20 in ’778 Patent.
`Claims 3, 4, 14, 16, 30 in ’374 Patent.
`
`Col. 3:43-46.
`Col. 8:8-12.
`Col. 9:13-15.
`Col. 9:41-47.
`Col. 10:19-22.
`Col. 10:60-64.
`’374 Patent File History, Response to Office
`Action dated Sept. 26, 2011, pg. 10.
`[AA0001137].
`
`’374 Patent File History, Response to Office
`Action dated Sept. 26, 2011, pg. 11.
`[AA0001138].
`
`’778 Patent File History, Office Action Response
`dated January 28, 2009, pg. 3. [AA0000126].
`
`
`Extrinsic Evidence
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-8
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 9 of 21 Page ID #:363
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Term
`
`Plaintiffs’ Proposed Construction
`enables the mobile device to make a determination
`of its own access rights with respect to an asset.”
`[Dec. 1, 2009 Response to Office Action at 12
`(AA0000350)]
`
`Dr. Richard Mihran may testify that this term does
`not need construction. Dr. Mihran may also
`testify that if the term is construed, Plaintiff’s
`proposed construction is consistent with what a
`person of ordinary skill in the art at the time of the
`invention would understand this term to mean.
`
`Kwikset’s Proposed Construction
`
`’778 EPO Equivalent File History, Response to
`EPO Communication dated Feb. 23, 2015, pg. 3.
`
`’778 Canadian Equivalent File History, Response
`to Requisition for Appn. 2,647,713 dated May 8,
`2013, pg. 3.
`
`’778 Canadian Equivalent File History, Response
`to Requisition for Appn. 2,647,713 dated May 8,
`2013, pg. 4.
`
`Edward Tittel may provide testimony in support of
`Plaintiffs construction. Mr. Tittel will rely upon
`the asserted claims, specification, drawings and
`file history of the '778 Patent to support his
`testimony. In addition, Mr. Tittel may rely upon
`the IEEE Standard Dictionary: Glossary of Terms
`and Definitions (2009), Microsoft Computer
`Dictionary, (5th ed. 2002), EPO and Canadian
`equivalent file histories for the ’778 Patent,
`Chaum, David. “Zero-knowledge undeniable
`signatures.” Advances in Cryptology—
`EUROCRYPT’90. Springer Berlin Heidelberg,
`1991, U.S. Patent 6,170,744, U.S. Patent
`6,229,806, U.S. Patent 5,781,629, and Schneier,
`Bruce, Applied Cryptography: Protocols,
`Algorithms and Source Code, C, J Wiley & Sons,
`1996.
`
`“authentication data
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-9
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 10 of 21 Page ID
` #:364
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Term
`
`Plaintiffs’ Proposed Construction
`
`Kwikset’s Proposed Construction
`Information used to verify a claimed identity.”
`IEEE Standard Dictionary: Glossary of Terms and
`Definitions (2009) quoting IEEE Std 2600-2008
`IEEE Standard for Information Technology:
`Hardcopy Device and System Security.
`
`“credential A form of authentication data that
`specifies basic identifying information about a
`user or application. Credentials may be bound in
`some way to the individual to whom they were
`issued, or they may be bearer credentials. The
`former are necessary for identification, while the
`latter may be acceptable for some forms of
`authorization.” IEEE Standard Dictionary:
`Glossary of Terms and Definitions (2009) quoting
`IEEE Std 2600-2008 IEEE Standard for
`Information Technology: Hardcopy Device and
`System Security.
`
`“credentials A set of information that includes
`identification and proof of identification that is
`used to gain access to local and network resources.
`Examples of credentials are user names and
`passwords, smart cards and certificates.” Microsoft
`Computer Dictionary 133 (5th ed. 2002).
`
`
`“credential data”
`[‘374 Patent claim 1, 3;
`’778 Patent claim 1]
`
`No construction necessary, but if construed:
`“data representing a credential”
`
`
`Defendant proposes the same construction for
`“credential data” and “credential” (above) for
`the same reasons set forth for “credential”
`above.
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-10
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 11 of 21 Page ID
` #:365
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Kwikset’s Proposed Construction
`
`
`Term
`
`Plaintiffs’ Proposed Construction
`
`
`
`Intrinsic Evidence
`“The present invention is generally directed
`toward a mobile device that can be used in a
`secure access system. More specifically, the
`mobile device can have credential data loaded
`thereon remotely updated, enabled, disabled,
`revoked, or otherwise altered with a message sent
`from, for example, a control panel and/or
`controller in the system.”
`(Abstract)
`
`“As used herein, a “credential” or “credential
`information” is any data, set of data, encryption
`scheme, key, and/or transmission protocol used by
`a particular mobile device to verify its authenticity
`with a reader/interrogator.”
`[‘778 Patent at 3:43-46]
`
`“As noted above, credential information can
`include any data, set of data, encryption schemes,
`keys, transmission protocol, and the like, used by a
`particular mobile device 112 to verify its
`authenticity to a reader 108. ”
`
`
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-11
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 12 of 21 Page ID
` #:366
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Kwikset’s Proposed Construction
`
`Term
`
`Plaintiffs’ Proposed Construction
`[‘778 Patent at 9:41-44]
`
`“The method of claim 3, wherein the first set of
`credential data has at least one of a key, password,
`unique ID, encryption scheme, and transmission
`protocol that is different in the second set of
`credential data.” [‘374 Patent, Claim 4]
`
`“[C]redential information stored on a mobile
`device includes, at least partially, self-
`authenticating data, that the self-authenticating
`data is different after it has been changed or
`altered and that the self-authenticating data
`enables the mobile device to make a determination
`of its own access rights with respect to an asset.”
`[Dec. 1, 2009 Response to Office Action at 12
`(AA0000350)]
`
`Extrinsic Evidence
`Dr. Richard Mihran may testify that this term does
`not need construction. Dr. Mihran may also
`testify that if the term is construed, Plaintiff’s
`proposed construction is consistent with what a
`person of ordinary skill in the art at the time of the
`invention would understand this term to mean.
`
`“mobile device”
`
`“a portable, wireless communication device
`having user input and a display screen”
`
`“device that uses a communications network to
`receive credentials”
`
`2118/025100-0032
`8429083.1 a05/15/15
`
`
`A-12
`
`

`
`Case 8:14-cv-00947-CJC-DFM Document 30-1 Filed 05/15/15 Page 13 of 21 Page ID
` #:367
`Joint Claim Construction Statement -- Exhibit A
`Case No.: SACV-14-00947-CJC (DFMx)
`
`Term
`[‘778 Patent claim 1, 4, 6,
`12, 14, 16-18, 23-25, 28,
`31, 33; ‘374 Patent claim
`1, 3, 5, 11-16, 21-23, 26,
`29, 30]
`
`Plaintiffs’ Proposed Construction
`
`Intrinsic Evidence
`“In most global system for mobile communication
`(GSM) devices, e.g., mobile phones, there is a
`Subscriber Identification Module (SIM) that is a
`secure memory containing all of the owner's
`account information, as well as space available for
`additional applications such as an electronic purse
`for e-commerce. This memory is accessible from
`outside of the mobile device, i.e., remotely.
`Mobile devices carry a secure memory much like
`smart cards or the like and the new applications in
`NFC protocols enable the mobile device to
`perform functions like smart cards. The ability to
`have a mobile device also operate as a smart card
`creates a variety of new applications for the
`device.”
`[‘778 Patent at 2:9-20]
`
`“Bi-directional RF interfaces 120 between a reader
`108 and a mobile device 112 are automatically
`established when the mobile device 112 is placed
`within an active zone (not shown) of the
`interrogating reader 108. The active zone of the
`reader 108 is defined as a three dimensional space
`where the intensity of RF signals emitted by the
`reader exceeds a threshold of sensitivity of the
`mobile device 112 exceeds a threshold of
`sen