IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`INTELLECTUAL VENTURES II LLC,
`
`Plaintiff,
`
`v.
`
`FEDEX CORP., FEDERAL EXPRESS
`CORP., FEDEX GROUND PACKAGE
`SYSTEM, INC., FEDEX FREIGHT,
`INC., FEDEX CUSTOM CRITICAL
`INC., FEDEX OFFICE AND PRINT
`SERVICES, INC., and GENCO
`DISTRIBUTION SYSTEM, INC.,
`
`Defendants.
`
`Civil Action No. 2:16-cv-00980-JRG
`The Hon. Rodney Gilstrap
`
`JURY TRIAL DEMANDED
`
`DEFENDANTS’ PROPOSED
`TERMS AND CLAIM ELEMENTS FOR CONSTRUCTION
`
`Pursuant to Rule of Practice for Patent Cases P.R. 4-1(a) and the Court’s Docket Control
`
`Order of February 16, 2017, D.I. 54, Defendants FedEx Corp., Federal Express Corp., FedEx
`
`Ground Package System, Inc., FedEx Freight, Inc., FedEx Custom Critical Inc., FedEx Office
`
`and Print Services, Inc., and GENCO Distribution System, Inc. (“FedEx”) identify terms and
`
`claim elements for construction by the Court from U.S. Patent Nos. 6,663,900 (“the ’900
`
`patent”), 6,909,356 (“the ’356 patent”), 7,199,715 (“the ’715 patent”), 8,494,581 (“the ’581
`
`patent”), and 9,047,586 (“the ’586 patent”).
`
`The fact that FedEx contends that any claim term or element should be construed by the
`
`Court is not an admission that the term is ambiguous, subject to prosecution history estoppel, or
`
`that the patentee has acted as his own lexicographer. As provided by Patent L.R. 2-4, “the
`
`statement and disclosures provided for in Patent L.R. 4-1 and 4-2 are not admissible for any
`
`1
`
`Exhibit 2121 Page 1
`
`IV Exhibit 2121
`FedEx v. IV
`Case IPR2017-02039
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`INTELLECTUAL VENTURES II LLC,
`
`Plaintiff,
`
`v.
`
`FEDEX CORP., FEDERAL EXPRESS
`CORP., FEDEX GROUND PACKAGE
`SYSTEM, INC., FEDEX FREIGHT,
`INC., FEDEX CUSTOM CRITICAL
`INC., FEDEX OFFICE AND PRINT
`SERVICES, INC., and GENCO
`DISTRIBUTION SYSTEM, INC.,
`
`Defendants.
`
`Civil Action No. 2:16-cv-00980-JRG
`The Hon. Rodney Gilstrap
`
`JURY TRIAL DEMANDED
`
`DEFENDANTS’ PROPOSED
`TERMS AND CLAIM ELEMENTS FOR CONSTRUCTION
`
`Pursuant to Rule of Practice for Patent Cases P.R. 4-1(a) and the Court’s Docket Control
`
`Order of February 16, 2017, D.I. 54, Defendants FedEx Corp., Federal Express Corp., FedEx
`
`Ground Package System, Inc., FedEx Freight, Inc., FedEx Custom Critical Inc., FedEx Office
`
`and Print Services, Inc., and GENCO Distribution System, Inc. (“FedEx”) identify terms and
`
`claim elements for construction by the Court from U.S. Patent Nos. 6,663,900 (“the ’900
`
`patent”), 6,909,356 (“the ’356 patent”), 7,199,715 (“the ’715 patent”), 8,494,581 (“the ’581
`
`patent”), and 9,047,586 (“the ’586 patent”).
`
`The fact that FedEx contends that any claim term or element should be construed by the
`
`Court is not an admission that the term is ambiguous, subject to prosecution history estoppel, or
`
`that the patentee has acted as his own lexicographer. As provided by Patent L.R. 2-4, “the
`
`statement and disclosures provided for in Patent L.R. 4-1 and 4-2 are not admissible for any
`
`1
`
`Exhibit 2121 Page 1
`
`IV Exhibit 2121
`FedEx v. IV
`Case IPR2017-02039
`
`
`
`purpose other than in connection with motions seeking an extension or modification of the time
`
`periods within which actions contemplated by these Patent Local Rules must be taken.” The
`
`listing of these terms, clauses, or phrases is preliminary, and FedEx reserves the right to
`
`supplement, revise, modify, or otherwise finalize this list based upon information learned
`
`through the course of discovery or otherwise. FedEx also reserves the right to supplement,
`
`revise, modify, or otherwise finalize this list in response to the terms and claim elements
`
`proposed for construction by Plaintiff Intellectual Ventures II, LLC. Any supplement and/or
`
`amendment that adds or removes any proposed claim terms for construction does not constitute
`
`an admission that FedEx believes those claim terms have, or do not have, a specialized meaning
`
`separate from each term’s plain and ordinary meaning to one of ordinary skill in the art. Further,
`
`FedEx reserves the right to contend that one or more discrete terms, phrases, or clauses within or
`
`surrounding any phrase or clause listed above should be construed rather than or in addition to
`
`the entire phrase or clause, or that a phrase or clause should be construed rather than discrete
`
`terms within or surrounding that phrase or clause. The identification of any claim term should
`
`not be interpreted as an admission that any claim satisfies the written description, enablement,
`
`and definiteness requirements pursuant to 35 U.S.C. § 112, or that any claim satisfies the
`
`patentability requirements pursuant to 35 U.S.C. § 101.
`
`Pursuant to P.R. 4-1(b), FedEx is available to meet and confer for the purposes of
`
`finalizing this list, narrowing or resolving differences, and facilitating the ultimate preparation of
`
`a Joint Claim Construction and Prehearing Statement under P.R. 4-3.
`
`Term
`
`Claim(s)
`
`’900 patent
`
`“distributing work order assignment data to a field crew”
`
`1
`
`2
`
`Exhibit 2121 Page 2
`
`
`
`“field crew”
`
`“a system having an enterprise computing system and at least
`one mobile field unit”
`
`”work order assignment data”
`
`“notifying the field crew of a successful login”
`
`“in response to the input of field crew login data”
`
`“verifying field crew identity”
`
`“retrieving and presenting a list of assignments”
`
`“retrieving detailed assignment data”
`
`’356 patent
`
`“obtaining identity information regarding an entity which
`enters a controlled space”
`
`“monitoring, using a wireless tracking system . . . locations
`and movements of the entity and objects”
`
`“automatically associating . . . the identity information
`regarding the entity with status information regarding
`additions, removals, returns, defective status, or movements
`of the objects to/from/within the controlled space”
`
`“transmitting the status information and the associated
`identity information to a server communicatively coupled to
`the computer system and configured to automatically notify a
`user of the status information, wherein at least one of the
`objects is automatically returned or picked up as a result of
`such notification”
`
`“notifying the user of whether or not the addition, removal,
`return, defective status, or movement of the objects is
`authorized or not”
`
`’715 patent
`
`1
`
`1
`
`1
`
`1
`
`1
`
`1
`
`1
`
`1
`
`1
`
`1
`
`1
`
`4
`
`“tracking tags at several successive points of [a/the] business
`process”
`
`“attempting to read each tag at each successive point” /
`
`1, 9, 11
`
`1, 11
`
`3
`
`Exhibit 2121 Page 3
`
`
`
`reading each tag at each successive point”
`
`“populating a database with information corresponding to the
`reading of each tag at each successive point and the time of
`each reading” / “populating a database with information
`corresponding to the reading of each tag at each tag reading
`point and the time of each reading”
`
`“modifying part of the information in the database as a
`function of other information in the database” / “modifying
`part of the information stored in the database as a function of
`other information stored in the database”
`
`“using the modified information to track the tags through the
`business process” / “the modified information is used to track
`tags through the business process”
`
`“adjusting the supply chain as a function of the modified
`information”
`
`“the tags are associated with products”
`
`1, 19
`
`1, 11, 19
`
`1, 11
`
`19
`
`4, 14
`
`“as a function of the modified information”
`
`4, 5, 7, 14, 15, 17, 19, 23, 25
`
`“to identify at least one problematic portion of the supply
`chain having a relatively high level of errors in reading tags”
`
`“a tool for modifying part of the information stored in the
`database as a function of other information stored in the
`database whereby the modified information is used to track
`the tags through the business process”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“activating an alarm”
`
`“handheld device”
`
`’581 patent
`
`“access an assessment program . . . configured to enable a
`field assessment in a specific industry”
`
`“a computing device located geographically remote/remotely
`from the handheld device”
`
`“field assessment”
`
`4
`
`9
`
`11
`
`22
`
`1, 4, 7-14, 16-20
`
`1
`
`1, 7
`
`1-2, 7, 24
`
`Exhibit 2121 Page 4
`
`
`
`“collecting field data associated with the field assessment
`using the handheld device in response to the assessment
`program”
`
`“using the handheld device to determine a geographical
`location of the handheld device”
`
`“communicating the field data collected using the handheld
`device and the geographical location of the handheld device
`to the computing device”
`
`“managing data collected at the field using the at least one
`handheld device responsive to program”
`
`“geographic[al] location of the handheld device/at least one
`handheld device”
`
`“download a field management program”
`
`“accessing a program stored at the server”
`
`“a construction industry analysis program, HVAC analysis
`program, project management program, equipment readiness
`program, troubleshooting program, inventory tracking or
`ordering program, legal investigation program, or multi-user
`coordination program”
`
`“position module”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“communication module”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“a construction-industry, HVAC, project management,
`equipment readiness, troubleshooting, inventory
`management, legal investigation, or multi-user coordination
`field management program”
`
`“means for establishing a two-way communication channel
`between a server and at least one handheld device located at
`a field geographically distant from the server”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`5
`
`1
`
`1
`
`1
`
`18
`
`1, 7, 18
`
`7
`
`18
`
`6
`
`7, 16
`
`7-10, 12-13
`
`11
`
`18
`
`Exhibit 2121 Page 5
`
`
`
`“means for accessing a program stored at the server to
`enable an assessment at the field using the at least one
`handheld device”
`This term should be construed in accordance with 35
`U.S.C. § 112, ¶ 6 and applicable case law.
`
`“assessment at the field”
`
`“means for managing data collected at the field using the at
`least one handheld device responsive to program”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“means for determining a geographic location of the at least
`one handheld device”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“means for enabling communicating the data collected at the
`field and the geographic location of the at least one handheld
`device between the at least one handheld device and other
`devices or the server”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“means for tracking a location of the at least one handheld
`device”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“means for enabling updating field operation assignments for
`each of the at least one handheld device”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“means for providing data to the server for analysis”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“means for retrieving enhanced data from the server for use
`in conducting the field assessment”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`6
`
`18
`
`18
`
`18
`
`18
`
`18
`
`19
`
`20
`
`24
`
`24
`
`Exhibit 2121 Page 6
`
`
`
`’586 patent
`
`“operations for data interchange” / “data interchange”
`
`“creating”
`
`“electronic document having a plurality of bar codes” /
`“electronic document comprising a plurality of bar codes”
`
`7, 16
`
`7
`
`7, 16
`
`“data tag” / “data tags”
`
`7, 8, 13, 16, 18, 19
`
`“wherein the plurality of bar codes encode respective data
`tags and data items, and wherein least one of the data tags
`includes an identifier identifying one of the data items”
`
`7, 16
`
`“sending the electronic document for decoding of a first one
`of the plurality of bar codes to recover a first data tag and a
`first data item”
`
`“combining the first data tag and the first data item with a
`second data tag and a second data item recovered from a
`second one of the plurality of bar codes”
`
`“means for receiving”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“means for decoding”
`This term should be construed in accordance with 35 U.S.C.
`§ 112, ¶ 6 and applicable case law.
`
`“data field associated with one of the data tags”
`
`7
`
`13
`
`16
`
`16
`
`18
`
`7
`
`Exhibit 2121 Page 7
`
`
`
`Dated: May 24, 2017
`
`Respectfully submitted,
`
`/s/ Daniel C. Tucker
`Jeffrey A. Berkowitz (VA Bar No. 65149)
`Email: jeffrey.berkowitz@finnegan.com
`Michael V. Young, Sr. (pro hac vice)
`Email: michael.young@finnegan.com
`Daniel C. Tucker (pro hac vice)
`Email: daniel.tucker@finnegan.com
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`Two Freedom Square
`11955 Freedom Drive, Suite 800
`Reston, VA 20190-5675
`(571) 203-2700
`Fax: 202-408-4400
`
`Aidan C. Skoyles (pro hac vice)
`Email: aidan.skoyles@finnegan.com
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, N.W.
`Washington, D.C. 20001
`(202) 408-4000
`Fax: (202) 408-4400
`
`Eric H. Findlay (Bar No. 00789886)
`Email: efindlay@findlaycraft.com
`Roger B. Craft (Bar No. 0004972020)
`Email: bcraft@findlaycraft.com
`FINDLAY CRAFT, P.C.
`102 North College Avenue, Suite 900
`Tyler, TX 75702
`(903) 534-1100
`Fax: (903) 534-1137
`
`Attorneys for Defendants FedEx Corp.,
`Federal Express Corp., FedEx Ground
`Package System, Inc., FedEx Freight,
`Inc., FedEx Custom Critical, Inc., FedEx
`Office and Print Services, Inc., and
`GENCO Distribution System, Inc.
`
`8
`
`Exhibit 2121 Page 8
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 24, 2017, a true and correct copy of the foregoing document
`
`was served on all counsel of record via electronic mail.
`
`/s/ Daniel C. Tucker
`Daniel C. Tucker
`
`Exhibit 2121 Page 9
`
`
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