Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 1 of 61 PageID #: 1524
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`HITACHI MAXELL, LTD.,
`
`Plaintiff,
`
`Case No. 5:16-cv-00178-RWS
`
`v.
`
`HUAWEI DEVICE USA INC. and HUAWEI
`DEVICE CO., LTD.,
`
`Defendants.
`
`LEAD CASE
`
`JURY TRIAL DEMANDED
`
`HITACHI MAXELL, LTD.,
`
`Plaintiff,
`
`v.
`
`ZTE CORPORATION and ZTE USA INC.,
`
`Defendants.
`
`Case No. 5:16-cv-00179-RWS
`
`JURY TRIAL DEMANDED
`
`P.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`Pursuant to P.R. 4-3 and the parties’ agreed modification to proposed Docket Control
`
`Order (see, e.g., Dkt. 41-1), Plaintiff Hitachi Maxell, Ltd. (“Plaintiff” or “Maxell”) and
`
`Defendants Huawei Device USA Inc., Huawei Device Co., Ltd. (collectively “Huawei”) and
`
`ZTE USA Inc. (“ZTE USA”) (collectively, “Defendants”) hereby serve this joint claim
`
`construction and prehearing statement.
`
`The proposed claim terms listed below occur in U.S. Patent No. 5,396,443 (“the ’443
`
`Patent”), which is asserted against both Huawei and ZTE USA, and U.S. Patent Nos. 7,509,139
`
`(“the ’139 Patent”); 6,754,440 (“the ’440 Patent”); 6,928,292 (“the ’292 Patent”); 7,203,517
`
`Huawei v. Maxell - Exhibit No. 1009 - 1/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 2 of 61 PageID #: 1525
`
`(“the ’517 Patent”); 7,671,901 (“the ’901 Patent”); 6,856,760 (“the ’760 Patent”); and 7,116,438
`
`(“the ’438 Patent”), which are asserted against Huawei; and U.S. Patent Nos. 6,748,317 (“the
`
`’317 Patent”); 8,339,493 (“the ’493 Patent”); 8,736,729 (“the ’729 Patent”); 6,408,193 (“the ’193
`
`Patent”); 6,329,794 (“the ’794 Patent”); 6,816,491 (“the ’491 Patent”); and 8,098,695 (“the ’695
`
`Patent”), which are asserted against ZTE USA.
`
`I.
`
`STATEMENT BY NONMOVING PARTY REGARDING CLAIMS SUBJECT TO AN
`INDEFINITENESS CHALLENGE
`
`Pursuant to the DCO (Dkt. No. 70), Maxell provides the following statement with respect
`
`to the indefiniteness challenges:
`
`• With respect to the claim term “a storage unit in which group information generated by
`classifying the plurality of base stations into groups” in claim 11 of the ’139 Patent,
`Maxell may present testimony and opinion from one or more experts, including without
`limitation Dr. Michael Caloyannides, Dr. Branimir Vojcic, and/or Dr. Sayfe Kiaei
`addressing arguments presented by Huawei that the term is indefinite. Maxell’s expert(s)
`will testify that, in view of the disclosures in the specification, one of ordinary skill in the
`art would have been able to ascertain the scope this claim term with reasonable certainty.
`
`• With respect to the claim term “waits a longer time” in claim 1 of the ’517 Patent, (claim
`11) Maxell may present testimony and opinion from one or more experts, including
`without limitation Dr. Michael Caloyannides, Dr. Branimir Vojcic, and/or Dr. Sayfe
`Kiaei addressing arguments presented by Huawei that the term is indefinite. Maxell’s
`expert(s) will testify that one of ordinary skill in the art would have been able to
`ascertain the scope of this claim term with reasonable certainty.
`
`• With respect to the claim term “a controller which executes control so that the correction
`portion corrects the video signals in accordance with distribution of luminance or hue or
`saturation of the video signals and with the illumination detected by the illumination
`sensor when any change occurs in the video signal inputted to the input portion, wherein
`the controller corrects luminance of the video signal without correcting hue and
`saturation of the video signal when the change of the video signal does not occur and
`when the illumination detected by the illumination sensor is above a predetermined
`value” in claim 1 of the ’901 Patent, Maxell may present testimony and opinion from one
`or more experts, including without limitation Dr. Shukri Souri and/or Dr. Vijay Madisetti
`addressing arguments presented by Huawei that the term is indefinite. Maxell’s expert(s)
`will testify that, in view of the disclosures in the specification, one of ordinary skill in the
`art would have been able to ascertain the scope this claim term with reasonable certainty.
`Further, if this term is found to be a means-plus-function term—which Maxell does not
`
`2
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`Huawei v. Maxell - Exhibit No. 1009 - 2/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 3 of 61 PageID #: 1526
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`concede, Maxell’s expert(s) will testify that the specification provides adequate structure
`for this term.
`
`II.
`
`HIGH PRIORITY TERMS WHOSE CONSTRUCTION WILL BE MOST
`SIGNIFICANT TO THE RESOLUTION OF THE CASE
`
`Maxell’s Position: Maxell believes the following terms will be the most significant to
`
`resolution of certain claims in the case to the extent they relate to Huawei’s Motion to Dismiss
`
`(Dkt. No. 26): “calculating characterizing quantities” in claims 1 and 11 of the ’139 Patent and
`
`the terms “GPS receiver means,” “GPS reliability calculation means,” “cellular reliability
`
`calculation means,” “cellular reciver means,” and “GPS/cellular positioning results combining
`
`means” in claim 1 of the ’292 Patent include the most significant disputes and therefore are the
`
`most significant to the resolution of the case.
`
`Maxell also believes the following terms will be significant to resolution of certain claims
`
`in the case: “a relation of said direction and a direction from said present place to said
`
`destination” and “walking navigation” in claims 1, 10, 15, 16, 17, and 20 of the ’317 Patent, “an
`
`image-instability detector” in claim 1 of the ’729 Patent, and “controller means” in claim 1 of the
`
`’491 Patent.
`
`In addition, the Parties have agreed that the following terms should be interpreted as
`
`means-plus-function terms according to pre-AIA 35 U.S.C. § 112, ¶ 6, however, no party has
`
`identified these as high priority (that is, among the 32 disputed terms) but have not been able to
`
`agree upon the corresponding structures:
`
`•
`
`“a control means for effecting control wherein, if said user-associated medium at
`
`least approaches said detecting means, a controlled object is set in a non-power
`
`saving state, and wherein, if said user associated medium is distant from said
`
`detecting means for at least a predetermined constant period of time, at least a part
`
`3
`
`Huawei v. Maxell - Exhibit No. 1009 - 3/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 4 of 61 PageID #: 1527
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`of said controlled object is set in a power saving state” (’443 Patent, Claim 1);
`
`•
`
`“reproducing means for reproducing, from a recording medium, at least moving
`
`pictures encoded by a first encoding method and first pictures having a smaller
`
`number of pixels than the moving pictures” (’440 Patent, Claims 5, 7);
`
`•
`
`“first outputting means for outputting a plurality of reproduced ones of the first
`
`pictures” (’440 Patent, Claim 5);
`
`•
`
`“second outputting means for outputting a moving picture corresponding to any
`
`selected first picture” (’440 Patent, Claim 5);
`
`•
`
`“reproducing means for reproducing at least a first still picture, a second still
`
`picture and a picture from a recording medium, wherein said first still picture is
`
`encoded by a first encoding method, said second still picture is encoded by a
`
`second encoding method different from the first encoding method, and said
`
`picture corresponds to said first and second still pictures and has a smaller number
`
`of pixels than said first and second still pictures, and wherein said first still
`
`picture, said second still picture and said picture are related pictures derived from
`
`common signal data” (’760 Patent, Claims 10 and 13);
`
`•
`
`“first outputting means for outputting a plurality of reproduced pictures from the
`
`reproducing operation” (’760 Patent, Claim 10); and
`
`•
`
`“second outputting means for outputting said first still picture corresponding to a
`
`selected picture” (’760 Patent, Claim 1).
`
`Huawei’s Position: Huawei believes that the following limitations are claim dispositive.
`
`4
`
`Huawei v. Maxell - Exhibit No. 1009 - 4/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 5 of 61 PageID #: 1528
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`1.
`
`’292 Patent: “combining” / “combined” and “GPS/cellular positioning results combining
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`means for combining the GPS-based position result and the cellular-based position result
`
`with the GPS positioning reliability and the cellular positioning reliability” (claims 1 and 2)
`
`’139 Patent: “characterizing quantities of the communication quality” (claims 1 and 11)
`
`’139 Patent: “a storage unit in which group information generated by classifying the
`
`plurality of base stations into groups” (claim 11)
`
`’443 Patent: “detecting means. . .” (claim 1)
`
`’517 Patent: “waits a longer time” (claim 1)
`
`’517 Patent: “selection switching determination unit for selecting” (claim 1)
`
`’438 Patent: “an input entered by a user” (claim 1)
`
`’440 Patent: “still pictures encoded by a second encoding method, and second pictures
`
`corresponding to the still pictures and having a smaller number of pixels than the still
`
`pictures are recorded” (claims 1, 3, 5, 7)
`
`9.
`
`’760 Patent: “first encoding method” (claims 1, 3, 4, 6, 7, 9, 10, 12, 13, 15)
`
`10. ’901 Patent: “when any change occurs in the video signal inputted to the input portion” and
`
`“when the change of the video signal does not occur and when the illumination detected by
`
`the illumination sensor is above a predetermined value” (claim 1)
`
`5
`
`Huawei v. Maxell - Exhibit No. 1009 - 5/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 6 of 61 PageID #: 1529
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`III.
`
`THE CONSTRUCTION OF THOSE CLAIM TERMS, PHRASES, OR CLAUSES ON WHICH THE PARTIES
`AGREE
`
`The Parties have agreed to the constructions as set forth in the following chart:
`
`NO. TERM
`
`1
`
`2
`
`3
`
`4
`
`“at least approaches”
`(’443 Patent, Claim 1)
`
`“simultaneously”
`(’292 Patent, Claims 1 and 2)
`
`“A mobile communication terminal device having a first
`physical interface for making a communication to the outside,
`a second physical interface different in scheme from said first
`physical interface, and a selection switching determination
`unit . . . , said mobile communication terminal device
`comprising” / “A mobile communication terminal device
`having a first physical interface for making a communication
`to the outside, a second physical interface different in scheme
`from said first physical interface, and a selection switching
`determination unit . . . , said mobile communication terminal
`device comprising”
`(’517 Patent, Claims 1 and 9)
`
`“A connection control method for selecting one base station,
`to which a terminal is to connect, from a plurality of base
`stations in a wireless communication system” / “A wireless
`terminal for selecting a connection destination base station
`from a plurality of base stations in a wireless communication
`system”
`(’139 Patent, Claims 1 and 11)
`
`AGREED CONSTRUCTION
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`The preambles of claims 1 and 9 of the ’517 patent are limiting.
`
`The preambles of claims 1 and 11 of the ’139 patent are limiting.
`
`Huawei v. Maxell - Exhibit No. 1009 - 6/61
`
`

`

`NO. TERM
`
`Preambles
`(’491 Patent, Claims 1 and 2)
`
`“voice signal code”
`(’193 Patent, Claims 1 and 7)
`
`“an input portion to which video signals are inputted”
`(’901 Patent, Claim 1)
`
`“black side”
`(’901 Patent, Claim 2)
`
`“video signal[s]”
`(’901 Patent, Claims 1 and 2)
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 7 of 61 PageID #: 1530
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`AGREED CONSTRUCTION
`
`The preambles of claims 1 and 2 are limiting.
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`“obtaining an index of communication quality between the
`terminal and the base stations”
`(’139 Patent, Claims 1 and 11)
`
`“obtaining an indication of communication quality between the terminal
`and the base stations”
`
`“using said input”
`(’438 Patent, Claim 1)
`
`“an authentication process for allowance to use said display
`apparatus”
`(’438 Patent, Claim 1)
`
`“a predetermined constant period of time”
`(’443 Patent, Claim 1)
`
`Plain and ordinary meaning
`
`“a process that authorizes the user to use the display apparatus”
`
`Plain and ordinary meaning
`
`7
`
`Huawei v. Maxell - Exhibit No. 1009 - 7/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 8 of 61 PageID #: 1531
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`NO. TERM
`
`AGREED CONSTRUCTION
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`“means for selecting an object displayed on said display
`apparatus”
`(’438 Patent, Claim 3)
`
`Function: selecting an object displayed on said display apparatus
`Structure: Input/output unit 103 and associated software that allows for
`the claimed selection function. See, e.g., 8:57-9:13, 7:52-8:6, Fig. 2 (106).
`
`“operate to the end”
`(’794 Patent, Claims 8 and 14)
`
`Plain and ordinary meaning
`
`“a receiving means for receiving a plurality of compressed
`and encoded audio data sequences which are multiplexed”
`(’491 Patent, Claim 9)
`
`Function: receiving a plurality of compressed and encoded audio data
`sequences which are multiplexed
`Structure: An antenna and equivalents
`
`Preambles
`(’491 Patent, Claims 7-9)
`
`The preambles of claims 7-9 are not limiting.
`
`“packetizing audio data sequences which are compressed and
`encoded and by multiplexing a plurality of those sequences”
`(’491 Patent, Claims 1 and 2)
`
`“a demultiplexer for extracting the one audio data sequence
`which is designated by the user from said group of packets
`depending upon a property or attribute information which
`each packet has, and further for extracting a method of
`compression and encoding which is applied for compressing
`the audio data sequence from a header information which said
`each audio data sequence has”
`(’491 Patent, Claims 1, 2, and 9)
`
`“digitized audio data in packet form for transmission is compressed and
`encoded and by combining a plurality of the data”
`
`Plain and ordinary meaning
`
`20
`
`“a first memory”
`(’491 Patent, Claims 1, 2, and 7)
`
`Plain and ordinary meaning
`
`8
`
`Huawei v. Maxell - Exhibit No. 1009 - 8/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 9 of 61 PageID #: 1532
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`NO. TERM
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`“a digital signal processor for decoding the compressed audio
`data sequences in accordance with said decoding program
`codes, sequentially”
`(’491 Patent, Claims 1, 2, and 9)
`
`“a second memory which said digital signal processor and
`said video decoder use as work area for the decoding
`processing thereof”
`(’491 Patent, Claim 2)
`
`“from an outside”
`(’491 Patent, Claim 7)
`
`“an input device for inputting a destination”
`(’317 Patent, Claim 1)
`
`“a device for getting a location information of another
`portable terminal from said another terminal via connected
`network”
`(’317 Patent, Claim 10)
`
`“a device for retrieving a route from said present place to said
`destination”
`(’317 Patent, Claim 15)
`
`“an image sensing device with a light receiving sensor having
`an array of pixels arranged vertically and horizontally in a
`grid pattern, in an N number of vertically arranged pixel
`lines”
`(’493 Patent, Claim 5)
`
`AGREED CONSTRUCTION
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`9
`
`Huawei v. Maxell - Exhibit No. 1009 - 9/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 10 of 61 PageID #: 1533
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`NO. TERM
`
`28
`
`29
`
`30
`
`31
`
`32
`
`33
`
`34
`
`35
`
`36
`
`“a display unit with a display screen, that displays an image
`corresponding to the image signals”
`(’493 Patent, Claim 5)
`
`“an image-instability detector”
`(’493 Patent, Claim 6)
`
`“an image-instability of the electric camera”
`(’493 Patent, Claim 6)
`
`“an encoder/decoder apparatus”
`(’193 Patent, Claims 1 and 7)
`
`“open-loop power control”
`(’193 Patent, Claims 1 and 7)
`
`“closed-loop power control”
`(’193 Patent, Claims 1 and 7)
`
`“bias condition”
`(’193 Patent, Claims 1 and 7)
`
`“a function defining a relation between bias data and gain
`data stored in said memory”
`(’193 Patent, Claim 7)
`
`“capacity detector for detecting a remaining capacity of said
`battery”
`(’794 Patent, Claim 1)
`
`AGREED CONSTRUCTION
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`“the bias voltage and/or current setting of the amplifier”
`
`“a relationship between bias data and gain data such that each gain data
`value has a corresponding bias data value”
`
`Plain and ordinary meaning
`
`10
`
`Huawei v. Maxell - Exhibit No. 1009 - 10/61
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`

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`NO. TERM
`
`37
`
`38
`
`39
`
`40
`
`41
`
`42
`
`43
`
`“controller for controlling operation of said function devices
`based on said remaining capacity”
`(’794 Patent, Claim 1)
`
`“a capacity detector detecting a remaining battery capacity of
`said battery”
`(’794 Patent, Claim 9)
`
`Preambles
`(’695 Patent, all asserted claims)
`
`“packetized audio data sequences which are compressed and
`encoded and by multiplexing a plurality of those sequences”
`(’695 Patent, Claims 1 and 4)
`
`“a demultiplexer for extracting the one audio data sequence
`which is designated by the user from said group of packets
`depending upon a property or attribute information of each
`packet, and further for extracting a method of compression
`and encoding which is applied for compressing the audio data
`sequence from a header information of each audio data
`sequence”
`(’695 Patent, Claims 1 and 4)
`
`“a memory”
`(’695 Patent, Claims 1 and 4)
`
`“begins decoding processing”
`(’695 Patent, Claims 1 and 4)
`
`AGREED CONSTRUCTION
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Preambles are limiting
`
`“digitized audio data in packet form is compressed and encoded and by
`combining a plurality of the data”
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`11
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`Huawei v. Maxell - Exhibit No. 1009 - 11/61
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`

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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 12 of 61 PageID #: 1535
`
`NO. TERM
`
`AGREED CONSTRUCTION
`
`44
`
`45
`
`46
`
`“a state display means including a display means and for
`displaying on said display means that said apparatus is in one
`of a standby state and an active state in response to said
`power saving state and said non-power saving state,
`respectively”
`(’443 Patent, Claim 2)
`
`“displaying means for displaying at least one of the moving
`pictures, the still pictures, and the first and second pictures;
`wherein the displaying means displays a plurality of
`reproduced ones of the first pictures, and wherein the
`displaying means displays ones of the moving pictures
`corresponding to any selected first pictures”
`(’440 Patent, Claim 7)
`
`Function: displaying on said display means that said apparatus is in one of
`a standby state and an active state in response to said power saving state
`and said non-power saving state, respectively.
`Structure: State display unit 103 including a display device such as a
`liquid crystal display (LCD), a flat display panel, a light emitting diode
`(LED) panel, an electroluminescence (EL) panel, a plasma display panel, a
`cathode ray tube (CRT), and equivalents, together with a processor (e.g.
`CPU 501) programmed to display state information on the display device
`in accordance with the procedures set forth e.g. in the specification at 4:6-
`9; 4:49-55; 5:30-37; 7:7-60; 8:64-68; Figs 2-4 and 11-13 as well as
`equivalents thereof
`
`Function: displaying at least one of the moving pictures, the still pictures,
`and the first and second pictures
`Structure: display medium 130, such as a liquid crystal panel. See, e.g.,
`Fig. 6 (130); 13:45-47; 13:49-51; 13:54-57; 13:62-63.
`
`“displaying means for displaying at least one of said first still
`picture, said second still picture and said first picture, wherein
`said displaying means displays a plurality of reproduced
`pictures from the reproducing means, and wherein said
`displaying means displays said first still picture
`corresponding to a selected picture”
`(’760 Patent, Claim 13)
`
`Function: displaying at least one of said first still picture, said second still
`picture and said first picture such that the displaying means displays a
`plurality of reproduced pictures from the reproducing means, and wherein
`said displaying means displays said first still picture corresponding to a
`selected picture
`Structure: display medium 130, such as a liquid crystal panel. See, e.g.,
`Figure 6 (130); 13:43-46; 13:47-49; 13:52-55; 13:60-61.
`
`12
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`Huawei v. Maxell - Exhibit No. 1009 - 12/61
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`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 13 of 61 PageID #: 1536
`
`IV.
`
`EACH PARTY’S PROPOSED CONSTRUCTION OF EACH DISPUTED CLAIM TERM, PHRASE, OR CLAUSE,
`TOGETHER WITH AN IDENTIFICATION OF ALL REFERENCES FROM THE SPECIFICATION OR
`PROSECUTION HISTORY THAT SUPPORT THAT CONSTRUCTION, AND AN IDENTIFICATION OF ANY
`EXTRINSIC EVIDENCE KNOWN TO THE PARTY ON WHICH IT INTENDS TO RELY EITHER TO SUPPORT
`ITS PROPOSED CONSTRUCTION OF THE CLAIM OR TO OPPOSE ANY OTHER PARTY’S PROPOSED
`CONSTRUCTION OF THE CLAIM, INCLUDING, BUT NOT LIMITED TO, AS PERMITTED BY LAW,
`DICTIONARY DEFINITIONS, CITATIONS TO LEARNED TREATISES AND PRIOR ART, AND TESTIMONY
`OF PERCIPIENT AND EXPERT WITNESSES
`
`NO. TERM
`
`PROPOSED CONSTRUCTION
`
`EVIDENCE
`
`1
`
`“a detecting means for
`detecting whether a user
`associated medium at least
`approaches at least part of
`a housing of said
`apparatus”
`(’443 Patent, Claim 1)
`
`Plaintiff’s Construction
`Function: detecting whether a user associated medium at least
`approaches at least part of a housing of said apparatus
`Structure: A sensor, a touch-sensitive surface, or a tablet
`configured to detect proximity and/or contact using one or more of
`an electromagnetic induction system , a capacitance system , a
`capacitive coupling system, a pressure-sensitive resistance system, a
`transmission pen type ultrasonic system, a surface acoustic wave
`type ultrasonic system, an optical system, an image sensor, a
`camera, a microphone, or a temperature sensor, as well as
`equivalents thereof
`
`Defendants’ Construction
`This term is written as a means-plus-function
`Function: for detecting whether a user-associated medium at least
`approaches at least a part of a housing of said apparatus
`Structure: Electromagnetic induction systems, electrostatic
`coupling system, and Optical system, listed in Table 1;
`“microphone” (18:8); “temperature sensor” (19:12); “cameras”
`(Figs. 14 and 15)
`
`Plaintiff’s Evidence
`’443 patent at 4:2-6, 4:19-23, 9:9-17
`(and Table 1), 11:25-51; FIG. 1; cls.
`11, 13-19, 25-29
`In addition, Maxell may present an
`expert declaration (from any of the
`experts identified in Maxell’s PR 4-2
`disclosures) to provide an explanation
`of what a person of ordinary skill in
`the art would understand the claim
`term to mean, based on the
`knowledge, experience, and
`understanding of a person of ordinary
`skill in the art, and upon reviewing
`the claims of the ’443 patent, in view
`of the claim language, the drawings,
`the written description, and the
`specification of the ’443 patent as a
`whole, the file history of the ’443
`patent, and prior constructions
`resulting from previous or concurrent
`litigation of the ’443 patent.
`
`13
`
`Huawei v. Maxell - Exhibit No. 1009 - 13/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 14 of 61 PageID #: 1537
`
`NO. TERM
`
`PROPOSED CONSTRUCTION
`
`EVIDENCE
`
`Defendants’ Evidence
`’443 Patent at 4:2-6, 4:44-55, 7:16-
`18, Table 1, 10:7-11:51, Figures 1-4,
`14, 15
`File History
`5/6/1994 Office Action at 2
`8/8/1994 Response to Office Action
`at 2, 7
`Expert testimony of Jean Renard
`Ward.
`The Oxford English Dictionary, (“at
`least”)
`In addition to the extrinsic evidence
`identified herein, Huawei may offer a
`declaration from one or more experts,
`including without limitation Jean
`Renard Ward, in support of
`constructions proposed by Huawei,
`including but not limited to this term,
`or to address constructions or
`arguments that Plaintiff presents. This
`testimony may include, at least, an
`explanation of the meaning of this
`term in the context of the subject
`matter disclosed in the asserted
`patents, a description of the state of
`the technology relating to the alleged
`inventions claimed in the asserted
`patents, and how a person of ordinary
`
`14
`
`Huawei v. Maxell - Exhibit No. 1009 - 14/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 15 of 61 PageID #: 1538
`
`NO. TERM
`
`PROPOSED CONSTRUCTION
`
`2
`
`“still pictures encoded by a
`second encoding method,
`and second pictures
`corresponding to the still
`pictures and having a
`smaller number of pixels
`than the still pictures are
`recorded”
`(’440 Patent, Claims 1, 3,
`5, 7)
`
`Plaintiff’s Construction
`Plain and ordinary meaning
`
`Defendants’ Construction
`“still pictures encoded by the first encoding method and by a second
`encoding method, and second pictures corresponding to the still
`pictures and having a smaller number of pixels than the still pictures
`are recorded”
`
`EVIDENCE
`skill in the art would interpret the
`term at the time the application for the
`asserted patent was filed.
`
`Plaintiff’s Evidence
`’440 Patent at Figs. 1-6; 1:18-2:18;
`2:20-5:33; 5:58-7:37; 7:48-8:32; 8:34-
`10:14; 10:41-11:22; 11:31-13:2; 13:4-
`14:45.
`In addition, Maxell may present an
`expert declaration (from any of the
`experts identified in Maxell’s PR 4-2
`disclosures) to provide an explanation
`of what a person of ordinary skill in
`the art would understand the claim
`term to mean, based on the
`knowledge, experience, and
`understanding of a person of ordinary
`skill in the art, and upon reviewing
`the claims of the ’440 patent, in view
`of the claim language, the drawings,
`the written description, and the
`specification of the ’440 patent as a
`whole, the file history of the ’440
`patent, and prior constructions
`resulting from previous or concurrent
`litigation of the ’440 patent.
`
`Defendants’ Evidence
`’440 Patent at Figs. 1-6; 1:18-2:18;
`2:20-5:33; 5:58-7:37; 7:48-8:32; 8:34-
`10:14; 10:41-11:22; 11:31-13:2; 13:4-
`
`15
`
`Huawei v. Maxell - Exhibit No. 1009 - 15/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 16 of 61 PageID #: 1539
`
`NO. TERM
`
`PROPOSED CONSTRUCTION
`
`3
`
`“GPS receiver means for
`receiving GPS-oriented
`
`Plaintiff’s Construction
`
`16
`
`EVIDENCE
`14:45.
`7,295,767 File History, 1/18/2007
`Applicant Response at 11-14.
`7,457,529 File History, 12/22/2006
`Applicant Response at 7-11.
`7,457,529 File History, 9/26/2007
`Applicant Response at 12-17.
`8,417,088 File History, 9/14/2012
`Applicant Response at 4-6.
`In addition to the extrinsic evidence
`identified herein, Huawei may offer a
`declaration from one or more experts,
`including without limitation Dr.
`Robert Stevenson, in support of
`constructions proposed by Huawei,
`including but not limited to this term,
`or to address constructions or
`arguments that Plaintiff presents. This
`testimony may include, at least, an
`explanation of the meaning of this
`term in the context of the subject
`matter disclosed in the asserted
`patents, a description of the state of
`the technology relating to the alleged
`inventions claimed in the asserted
`patents, and how a person of ordinary
`skill in the art would interpret the
`term at the time the application for the
`asserted patent was filed.
`
`Plaintiff’s Evidence
`
`Huawei v. Maxell - Exhibit No. 1009 - 16/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 17 of 61 PageID #: 1540
`
`NO. TERM
`signals and generating
`received GPS signals”
`(’292 Patent, Claim 1)
`
`PROPOSED CONSTRUCTION
`Function: receiving GPS-oriented signals and generating received
`GPS signals
`Structure: A GPS receiver 200 and/or components within a mobile
`handset that receive GPS signals, such as, an antenna and a
`transceiver or a processor that performs GPS receiving processes as
`described in Fig. 2 (block 600) and corresponding recitations in the
`specification as provided below or equivalents thereof. See e.g.,
`(2:64-65; block 600 in Fig. 2), (3:24-32), (4:65-5:2), (2:53-57), (5:3-
`7).
`
`Defendants’ Construction
`Function: (1) receiving GPS oriented signals and (2) generating
`received GPS signals
`Structure: GPS receiver 200, Block 600 in Figure 2
`
`EVIDENCE
`’292 Patent at 2:64-65; block 600 in
`Fig. 2, 3:24-32, 4:65-5:2, 2:53-57,
`and 5:3-7..
`Parties briefs with respect to the
`motion to dismiss
`In addition, Maxell may present an
`expert declaration (from any of the
`experts identified in Maxell’s PR 4-2
`disclosures) to provide an explanation
`of what a person of ordinary skill in
`the art would understand the claim
`term to mean, based on the
`knowledge, experience, and
`understanding of a person of ordinary
`skill in the art, and upon reviewing
`the claims of the patent, in view of the
`claim language, the drawings, the
`written description, and the
`specification of the patent as a whole,
`the file history of the patent, and prior
`constructions resulting from previous
`or concurrent litigation of the patent.
`
`Defendants’ Evidence
`See, e.g., Dkt. 29 at 4-5; 9; 17-18; 21-
`22; 26.
`See, e.g., Dkt. 29-1 at 3-7
`See, e.g., Dkt. 33 at 1; 2-8
`In addition to the extrinsic evidence
`identified herein, Huawei may offer a
`
`17
`
`Huawei v. Maxell - Exhibit No. 1009 - 17/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 18 of 61 PageID #: 1541
`
`NO. TERM
`
`PROPOSED CONSTRUCTION
`
`4
`
`“GPS position calculation
`means for calculating the
`mobile handset's position
`from the received GPS
`signals and outputting a
`GPS-based position result”
`(’292 Patent, Claim 1)
`
`Plaintiff’s Construction
`Function: calculating the mobile handset's position from the
`received GPS signals and outputting a GPS-based position result
`Structure: At least one processor, for example, position calculation
`unit 201 and/or a mobile handset that perform processing functions
`or equivalents thereof. See e.g., (2:64-65; block 601 in Fig. 2),
`(3:24-38), (2:53-60), (5:3-7).
`
`Defendants’ Construction
`Function: (1) calculating the mobile handset’s position from the
`received GPS signals and (2) outputting a GPS-based position result.
`
`18
`
`EVIDENCE
`declaration from one or more experts,
`including without limitation Dr.
`Robert Akl and Dr. Jonathan Wells,
`in support of constructions proposed
`by Huawei, including but not limited
`to this term, or to address
`constructions or arguments that
`Plaintiff presents. This testimony may
`include, at least, an explanation of the
`meaning of this term in the context of
`the subject matter disclosed in the
`asserted patents, a description of the
`state of the technology relating to the
`alleged inventions claimed in the
`asserted patents, and how a person of
`ordinary skill in the art would
`interpret the term at the time the
`application for the asserted patent was
`filed.
`
`Plaintiff’s Evidence
`’292 Patent at 2:64-65; block 601 in
`Fig. 2, 3:24-38, 2:53-60, 5:3-7.
`Parties briefs with respect to the
`motion to dismiss
`In addition, Maxell may present an
`expert declaration (from any of the
`experts identified in Maxell’s PR 4-2
`disclosures) to provide an explanation
`of what a person of ordinary skill in
`the art would understand the claim
`term to mean, based on the
`knowledge, experience, and
`
`Huawei v. Maxell - Exhibit No. 1009 - 18/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 19 of 61 PageID #: 1542
`
`NO. TERM
`
`PROPOSED CONSTRUCTION
`Structure: position calculation unit for GPS 201, Block 601 in Fig.
`2
`
`EVIDENCE
`understanding of a person of ordinary
`skill in the art, and upon reviewing
`the claims of the patent, in view of the
`claim language, the drawings, the
`written description, and the
`specification of the patent as a whole,
`the file history of the patent, and prior
`constructions resulting from previous
`or concurrent litigation of the patent.
`
`Defendants’ Evidence
`See, e.g., Dkt. 29 at 4-5; 9-10; 17-18,
`21-27
`See, e.g., Dkt. 29-1 at 3-7
`See, e.g., Dkt. 33 at 1; 2-8
`In addition to the extrinsic evidence
`identified herein, Huawei may offer a
`declaration from one or more experts,
`including without limitation Dr.
`Robert Akl and Dr. Jonathan Wells,
`in support of constructions proposed
`by Huawei, including but not limited
`to this term, or to address
`constructions or arguments that
`Plaintiff presents. This testimony may
`include, at least, an explanation of the
`meaning of this term in the context of
`the subject matter disclosed in the
`asserted patents, a description of the
`state of the technology relating to the
`alleged inventions claimed in the
`
`19
`
`Huawei v. Maxell - Exhibit No. 1009 - 19/61
`
`

`

`Case 5:16-cv-00178-RWS Document 74 Filed 09/01/17 Page 20 of 61 PageID #: 1543
`
`NO. TERM
`
`PROPOSED CONSTRUCTION
`
`5
`
`“GPS reliability calculation
`means for calculating GPS
`positioning reliability
`based on the GPS-based
`position result”
`(’292 Patent, Claim 1)
`
`Plaintiff’s Construction
`Function: calculating GPS positioning reliability based on the GPS-