From: Joshua Yi <Joshua Yi@txwd.uscourts.gov>
`Date: Thursday, May 14, 2020 at 12:48 AM
`To: "McGonagle, Dan" <DMcGonagle@princelobel.com>, "Gilman, Robert R." <rgilman@princelobel.com>,
`"Breger, Alex E." <abreger@princelobel.com>, "DeBlois, Jonathan" <jdeblois@princelobel.com>,
`"krupp@nixlaw.com" <krupp@nixlaw.com>, Matt Vella <mvella@princelobel.com>, "derek@soreylaw.com"
`<derek@soreylaw.com>, "DMcCray@winston.com" <DMcCray@winston.com>, "kvidal@winston.com"
`<kvidal@winston.com>, "mbittner@winston.com" <mbittner@winston.com>, Michael Rueckheim
`<mrueckheim@winston.com>, "vkrishnan@winston.com" <vkrishnan@winston.com>,
`"wlogan@winston.com" <wlogan@winston.com>, Michael Johnson <mbjohnson@winston.com>,
`"tmelsheimer@winston.com" <tmelsheimer@winston.com>
`Subject: RE: Intellectual Ventures I LLC et al v. VMware, Inc. (1:19-cv-01075-ADA)
`
`Counsel,
`
`My apologies for the late email. The updated preliminary constructions are below.
`
`If the parties have time before the hearing, please confer with the other side to determine if the parties agree on a
`preliminary construction for a particular term and please be ready to inform the Court at the beginning of the
`hearing. Thanks.
`
`-Josh
`
`Term
`Number
`16
`
`Term
`
`“exhausted”
`
`17
`18
`19
`
`20
`
`21
`
`“consumed”
`“service”
`“means for receiving data for
`creating a network-based agent”
`
`“means for invoking, in response to
`receiving a URL defining a type of
`event and identifying the network-
`based agent, an execution of the
`network-based agent”
`“means, including the network-
`based agent, for using a service and
`a service resource configured to be
`consumed by the network-based
`agent for performing the operation”
`
`Preliminary Construction
`
`“unavailable to be used again at that instant of time, but may be
`available for use at a later instant of time”
`“used”
`“network-based functionality”
`Function: receiving data for creating a network-based agent
`Structure: communication line (68) as described and depicted in
`6:16-27, 14:48-57, 14:26-30, Fig. 3; and equivalents
`Function: invoking, in response to receiving a URL defining a type
`of event and identifying the network based agent, an execution
`of the network-based agent
`Structure: agent server (20) as described and depicted in 7:47-
`65, 8:7-13, 18:34-38, Figs. 1, 5; and equivalents
`Function: using a service and a service resource configured to be
`consumed by the network-based agent for performing the
`operation
`Structure: agent (22) as described in 9:31-39, 8:31-34, 8:39-55,
`24:26-63, Figs. 2 and 17; and equivalents
`
`1
`
`EX2005
`VMware v. IV
`IPR2020-00470
`
`

`

`22
`
`23
`
`24
`
`25
`
`“means for communicating a result
`of the operation over a network
`communications link”
`
`“means for mediating an interaction
`between the means for using the
`service and the service”
`
`“means for monitoring an amount of
`the service resource used by the
`network-based agent”
`
`“means for allowing a user to modify
`the network-based agent”
`
`Function: communicating a result of the operation over a
`network communications link
`Structure: communication line (68) as described and depicted in
`6:16-27, 14:48-57, 14:26-30, Fig. 3; and equivalents
`Function: mediating an interaction between the means for using
`the service and the service
`Structure: service wrapper (26) as described and depicted in
`16:22-38, 11:38-49, 16:39-62, Figs. 1 and 6; and equivalents
`Function: monitoring an amount of the service resource used by
`the network-based agent
`Structure: monitor as described in 16:50-61 and depicted in Fig.
`6; and equivalents
`Function: allowing a user to modify the network-based agent
`Structure: network system (2) as described and depicted in 9:26-
`30, 10:12-15, 10:1-7, 19:45-52, 19:59-64, 20:15-21:26, Fig. 11;
`and equivalents
`
`2
`
`

`

`From: Joshua Yi
`Sent: Wednesday, May 13, 2020 7:01 PM
`To: dmcgonagle@princelobel.com; rgilman@princelobel.com; abreger@princelobel.com; jdeblois@princelobel.com;
`krupp@nixlaw.com; mvella@princelobel.com; derek@soreylaw.com; DMcCray@winston.com; kvidal@winston.com;
`mbittner@winston.com; mrueckheim@winston.com; vkrishnan@winston.com; wlogan@winston.com;
`mbjohnson@winston.com; tmelsheimer@winston.com
`Subject: Intellectual Ventures I LLC et al v. VMware, Inc. (1:19-cv-01075-ADA)
`
`
`Counsel,
`
`
`The Court provides the following preliminary constructions for the ’752 and ’051 Patents in advance of tomorrow’s
`Markman hearing. Please note that the Court is refining its preliminary constructions for the corresponding structure in
`the means-plus-function terms in the ’752 Patent (Terms 19-25). The Court will provide those later this evening after
`reviewing the Parties’ supplemental briefs.
`
`
`The purpose of preliminary constructions is to streamline the hearing by providing the parties an indication of the
`Court’s current position for each term. Although the parties, of course, are free to argue for their proposed
`construction, it is generally unlikely that the Court will select a party’s proposed construction instead of the preliminary
`construction. As such, the Court believes that making arguments to fine-tune the preliminary construction may be more
`helpful. The preliminary constructions are not final as the Court may change some constructions based on the
`arguments at the hearing. Please submit any slides the parties wish to use at the Markman hearing by 11AM
`tomorrow.
`
`
`The order of the terms below is the order in which the Court take up argument.
`
`If you have any questions, please let me know. Thanks.
`
`-Josh
`
`
`Term
`Number
`16
`
`Preliminary Construction
`
`“unavailable to be used again at that instant of time, but may be available for
`use at a later instant of time”
`“used”
`“network-based functionality”
`TBA
`
`Plain and ordinary meaning, wherein the plain and ordinary meaning means
`“a software abstraction of a physical server that has the appearance being a
`separate, dedicated physical server, but reside(s) on a physical server and
`use(s) the physical server’s resources”
`Plain and ordinary meaning1
`
`
` Should IV assert that the physical layer does not comprise hardware, the
`Court would likely grant VMWare’s motion to strike.
`Plain and ordinary meaning
`
` 1
`
`Plain and ordinary meaning
`
`3
`
`Term
`
`“exhausted”
`
`17
`18
`19-25
`
`26
`
`“consumed”
`“service”
`[Means-plus-function
`terms]
`“virtual server”
`
`27
`
`“physical interface(s)”
`
`28
`
`29
`
`“physical interfaces” and
`“tunnel identifiers”
`“customer forwarding
`[table/information]”
`
`
`
`

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`Joshua J. Yi, Ph.D.
`Law Clerk to the Honorable Alan D Albright
`United States District Court
`Western District of Texas
`joshua yi@txwd.uscourts.gov
`254-750-1518
`
`
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