Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 1 of 21
`
`EXHIBIT C
`
`EX2006
`VMware v. IV
`IPR2020-00470
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 2 of 21
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`
`
`
`
`1.
`
`I.
`
`The Parties’ Respective Proposed Constructions For the Disputed Terms
`
`Defendants’ Proposed Construction
`Plaintiff’s Proposed Construction
`Claim Terms and Phrases
`U.S. Reissued Patent Nos. RE44,686 (the “’686 patent”) and RE42,726 (the “’726 patent”)
`“modif[y/ied] [a] resource allocation” /
`“modif[y/ied] set of functions and
`“modif[y/ied] [a] quality of service
`“modify[ing] [the] computer resources
`features of a physical host used in
`guarantee” / “modify[ing] [the] quality of
`allocated to a virtual server”
`implementing tasks for the virtual server”
`service guarantee of a virtual server”
`
`/ “modify[ing] a set of the functions and
`
`(’686 patent claims 5-7)
`features of a physical host used in
`See also construction of “quality of
`
`implementing tasks for the virtual server”
`service guarantee”
`
`
`
`“modify[ing] a resource allocation for
`the virtual server” / “modifying
`[the] computer resources allocated to a
`virtual server”
`
`(’726 patent claims 1, 4-5 and 8)
`
`
`“modify[ing] a set of the functions and
`features of a physical host used in
`implementing tasks for the virtual server”
`/ “modify[ing] a set of the functions and
`features of a physical host used in
`implementing tasks for the virtual server”
`
`2.
`
`“resource unavailable messages
`resulting from denied requests to
`modify a resource allocation” /
`“resource unavailable messages” /
`“denied requests to modify a resource
`allocation”
`
`(’686 patent claims 5-7)
`
`
`
`“resource unavailable messages” = “an
`indication that a request by the virtual
`server cannot be immediately serviced”
`
`“denied requests to modify a resource
`allocation” = “a request by the virtual
`server that cannot be immediately
`serviced”
`
`
`“modify[ing] a quality of service
`guarantee for the virtual server” /
`“modifying [the] quality of service
`guarantee of a virtual server”
`
`See also construction of “quality of
`service guarantee”
`
`“resource unavailable messages resulting
`from denied requests to modify a resource
`allocation” = “indications that requests by
`the virtual server for additional resources
`are either implicitly or explicitly denied,
`resulting from denied requests to modify a
`resource allocation”
`
`“resource unavailable messages” =
`“indications that requests by the virtual
`server for additional resources are either
`implicitly or explicitly denied”
`
`
`1
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 3 of 21
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`
`
`
`
`3.
`
`4.
`
`
`
`5.
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Claim Terms and Phrases
`
`Plaintiff’s Proposed Construction
`
`“resource denials”
`
`(’726 patent claims 1, 4-5 and 8)
`
`“determination that a virtual server is
`overloaded”
`
`(’686 patent claims 5-7)
`
`“indications that requests by the virtual
`server cannot be immediately serviced”
`
`Plain and ordinary meaning
`
`“virtual server overloaded signal”
`
`(’726 patent claims 1, 4-5 and 8)
`
`
`
`
`“an indication that a virtual server has
`been or is being denied resources”
`
`
`
`
`
`“virtual server”
`
`(’686 patent claims 5-7)
`(’726 patent claims 1-11)
`
`
`
`
`plain and ordinary meaning; in the
`alternative: “a virtual machine that resides
`on a physical server and uses the physical
`server’s resources but has the appearance
`of being a separate dedicated machine”
`
`
`Defendants’ Proposed Construction
`“denied requests to modify a resource
`allocation” = Plain and ordinary meaning;
`but see construction of “modify a resource
`allocation”
`“indications that requests by the virtual
`server for additional resources are either
`implicitly or explicitly denied”
`
`“determination that an average number of
`resource denials for a virtual server is
`beyond a pre-configured threshold”
`
`See also construction of “resource
`denials”
`
`“signal indicating that an average number
`of resource denials for a virtual server is
`beyond a pre-configured threshold”
`
`See also construction of “resource
`denials”
`
`“a process executing on a host computer
`that accepts communication requests, and
`that is capable of receiving a quality of
`service guarantee from a physical host”
`
`
`2
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 4 of 21
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`
`
`
`6.
`
`7.
`
`8.
`
`Claim Terms and Phrases
`“determining that a second physical
`host can accommodate the requested
`modified resource allocation”
`
`(’686 patent claims 5-7)
`
`“quality of service guarantee”
`
`(’726 patent claims 1 and 4)
`
`“a component configured to receive an
`indication that a first physical host is
`overloaded, wherein the indication is
`based on a determination that a virtual
`server is overloaded and wherein the
`determination that a virtual server is
`overloaded is based on one or more
`resource unavailable messages
`resulting from denied requests to
`modify a resource allocation”
`
`(’686 patent claim 7)
`
`
`
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`plain and ordinary meaning; in the
`alternative: “determining that a second
`physical host can accommodate the
`request(s) by the virtual server that could
`not be immediately serviced”
`
`“a guaranteed resource allotment which
`can be dynamically increased/modified”
`
`Not subject to § 112 ¶ 6 - in
`the alternative:
`
`Function: receive an indication that a first
`physical host is overloaded
`
`Structure: Dynamic Resource
`Configuration Module 100; Physical
`Hosts 160A-C; Virtual Servers 162A-G
`
`
`
`
`
`
`
`
`
`
`9.
`
`“a component configured to determine
`that a second physical host can
`
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`3
`
`Defendants’ Proposed Construction
`Indefinite
`
`“information that specifies a guaranteed
`amount of an assigned resource, and that
`can be dynamically increased/modified”
`
`Means-plus function term. This term is
`indefinite.
`
`Function: receive an indication that a first
`physical host is overloaded, wherein the
`indication is based on a determination that
`a virtual server is overloaded and wherein
`the determination that a virtual server is
`overloaded is based on one or more
`resource unavailable messages resulting
`from denied requests to modify a resource
`allocation
`
`Structure: This term is indefinite for a
`lack of sufficient corresponding structure
`in the specification.
`
`
`
`Means-plus function term. This term is
`indefinite.
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 5 of 21
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`
`
`
`
`Claim Terms and Phrases
`accommodate the requested modified
`resource allocation”
`
`(’686 patent claim 7)
`
`10. “a component configured to generate a
`physical host transfer signal that
`indicates a second physical host and to
`transfer the virtual server from the first
`physical host to the second physical
`host if the first physical host is
`overloaded”
`
`(’686 patent claim 7)
`
`11. “a virtual server resource monitor
`[communicatively coupled to the first
`physical host and] configured to
`monitor resource denials and to send a
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`
`
`Function: determine that a second
`physical host can accommodate the
`requested modified resource allocation
`
`Structure: Dynamic Resource
`Configuration Module 100; Physical
`Hosts 160A-C; Virtual Servers 162AG
`
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`Function: generate a physical host transfer
`signal
`
`Structure: Dynamic Resource
`Configuration Module 100*; Physical
`Hosts 160A-C; Virtual Servers 162A-G
`
`*Dynamic Resource Configuration
`Module 100 includes the structure
`identified by VMware in its Reply Brief
`(Load Balancing Module 130; Load
`Balancing Calculator 530; Virtual Server
`Resource Monitor 110; and Physical Host
`Resource Monitor 540) with the exception
`of the pin-cites to the specification.
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`
`4
`
`Defendants’ Proposed Construction
`
`
`Function: determine that a second
`physical host can accommodate the
`requested modified resource allocation
`
`Structure: This term is indefinite for a
`lack of sufficient corresponding structure
`in the specification.
`
`Means-plus function term.
`
`Function: generate a physical host transfer
`signal that indicates a second physical
`host and to transfer the virtual server from
`the first physical host to the second
`physical host if the first physical host is
`overloaded
`
`See also construction of “virtual server”
`
`Structure: Dynamic Virtual Server Mover
`140 as described in ’686 Patent, 12:1-28;
`Figure 6.
`
`
`Means-plus function terms.
`
`Function: [creating a virtual server
`resource monitor communicatively
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 6 of 21
`
`
`
`
`
`Claim Terms and Phrases
`virtual server overloaded signal in
`response to the resource denials”
`
`(’726 patent claims 1 and 5)
`
`“program code for creating a virtual
`server resource monitor
`communicatively coupled to the first
`physical host and configured to
`monitor resource denials and, in
`response to the resource denials, to
`send a virtual server overloaded
`signal”
`
`(’726 patent claim 4)
`
`12. “a virtual server resource modifier
`[communicatively coupled to the first
`physical host and] configured to
`receive the virtual server overloaded
`signal and, in response to the virtual
`server overloaded signal, to modify a
`resource allocation for the virtual
`server and to send a virtual server
`resource modification signal”
`
`(’726 patent claims 1 and 5)
`
`“program code for creating a virtual
`server resource modifier
`communicatively coupled to the first
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`Function: monitor resource denials and
`send a virtual server overloaded signal in
`response
`
`Structure: Dynamic Resource
`Configuration Module 100; Physical
`Hosts 160A-C
`
`Defendants’ Proposed Construction
`coupled to the first physical host and]
`monitor resource denials and to send a
`virtual server overloaded signal in
`response to the resource denials
`
`See also construction of the terms
`“resource denials” and “virtual server
`overloaded signal”
`
`Structure: Virtual Server Resource
`Monitor 110 as described in ’726 Patent,
`5:21-65; 7:41-9:46; Figure 3.
`
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`Function: receive the virtual server
`overloaded signal and in response, modify
`a resource allocation for the virtual server
`and send a virtual server resource
`modification signal
`
`Structure: Dynamic Resource
`Configuration Module 100; Physical
`Hosts 160A-C; Virtual Servers 162A-G
`
`Means-plus function terms.
`
`Function: [creating a virtual server
`resource modifier communicatively
`coupled to the first physical host] receive
`the virtual server overloaded signal and,
`in response to the virtual server
`overloaded signal, to modify a resource
`allocation for the virtual server and to
`send a virtual server resource
`modification signal
`
`See also constructions of the terms
`“virtual server overloaded signal,”
`
`5
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 7 of 21
`
`
`
`
`
`Claim Terms and Phrases
`physical host and configured to
`receive the virtual server overloaded
`signal and, in response to the virtual
`server overloaded signal, to modify a
`resource allocation for the virtual
`server and to send a virtual server
`resource modification signal”
`
`(’726 patent claim 4)
`
`13. “a load balanc[ing/er] [module]
`[communicatively coupled to the
`plurality of physical hosts and]
`configured to receive the virtual server
`resource modification signal and to
`determine whether the first physical
`host is overloaded and, in response to
`a determination that the first physical
`host is overloaded, to send a physical
`host transfer signal that indicates a
`second physical host”
`
`(’726 patent claims 1 and 5)
`
`“program code for creating a load
`balancing module communicatively
`coupled to the plurality of physical
`hosts and configured to receive the
`virtual server resource modification
`signal and to determine whether the
`first physical host is overloaded and,
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`
`Not subject to § 112 ¶ 6 – in the
`alternative:
`
`Function: receive the virtual server
`resource modification signal and
`determine whether the first physical host
`is overloaded and in the case that it is
`send a physical host transfer signal
`indicating a second physical host
`
`Structure: Dynamic Resource
`Configuration Module 100; Physical
`Hosts 160A-C; Virtual Servers 162A-G
`
`6
`
`Defendants’ Proposed Construction
`“modify a resource allocation,” and
`“virtual server”
`
`Structure: Virtual Server Resource
`Modifier 120 as described in ’726 Patent,
`3:43-48, 3:66-5:4; 5:21-65; 9:47-10:52;
`Figure 4.
`
`Means-plus function terms.
`
`Function: [creating a load balancing
`module communicatively coupled to the
`plurality of physical hosts and] receive the
`virtual server resource modification signal
`and to determine whether the first
`physical host is overloaded and, in
`response to a determination that the first
`physical host is overloaded, to send a
`physical host transfer signal that indicates
`a second physical host
`
`See also construction of the term “the first
`physical host is overloaded”
`
`Structure: Physical Host Load Balancing
`Module 130 as described in ’726 Patent,
`5:21-65; 6:4-19; 10:53-11:52; Figure 5.
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 8 of 21
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`
`Defendants’ Proposed Construction
`
`Not subject to § 112 ¶ 6 – in the
`alternative
`
`Function receive the physical host transfer
`signal and transfer the virtual server from
`the first physical host to the second
`physical host
`
`Structure Dynamic Resource
`Configuration Module 100; Physical
`Hosts 160A-C
`
`Means-plus function terms.
`
`Function: [creating a dynamic virtual
`server mover communicatively coupled to
`the plurality of physical hosts and] receive
`the physical host transfer signal and, in
`response to the physical host transfer
`signal, to transfer the virtual server from
`the first physical host to the second
`physical host
`
`See also construction of the term “virtual
`server”
`
`Structure: Dynamic Virtual Server Mover
`140 as described in ’726 Patent, 11:63-
`12:23; Figure 6.
`
`
`
`
`
`Claim Terms and Phrases
`in response to a determination that the
`first physical host is overloaded, to
`send a physical host transfer signal
`that indicates a second physical host”
`
`(’726 patent claim 4)
`
`14. “a dynamic virtual server mover
`[communicatively coupled to the
`plurality of physical hosts and]
`configured to receive the physical host
`transfer signal and, in response to the
`physical host transfer signal, to
`transfer the virtual server from the first
`physical host to the second physical
`host”
`
`(’726 patent claims 1 and 5)
`
`“program code for creating a dynamic
`virtual server mover communicatively
`coupled to the plurality of physical
`hosts and configured to receive the
`physical host transfer signal and, in
`response to the physical host transfer
`signal, to transfer the virtual server
`from the first physical host to the
`second physical host”
`
`(’726 patent claim 4)
`
`
`7
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 9 of 21
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`
`
`Claim Terms and Phrases
`
`15. “the dynamic virtual server mover is
`further configured to direct the first
`physical host to store, in the file
`system, a set of system files for the
`virtual server and to direct the second
`physical host to access, from the file
`system, the set of system files for the
`virtual server, thereby transferring the
`virtual server from the first physical
`host to the second physical host”
`
`(’726 patent claims 3 and 7)
`
`16. “exhausted”
`
`(’752 patent claims 1, 9 and 24)
`
`17. “consumed”
`
`(’752 patent claims 1, 9 and 24)
`
`18. “service”
`
`(’752 patent claims 1, 3, 9 and 24)
`
`
`Plaintiff’s Proposed Construction
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`Function: direct the first physical host to
`store a set of system files for the virtual
`server in the file system and to direct the
`second physical host to access the set of
`system files for the virtual server from the
`file system and transferring the virtual
`server
`
`Structure: Dynamic Resource
`Configuration Module 100; Physical
`Hosts 160A-C; Virtual Servers 162A-G
`
`Defendants’ Proposed Construction
`Means-plus function terms.
`
`Function: direct the first physical host to
`store, in the file system, a set of system
`files for the virtual server and to direct the
`second physical host to access, from the
`file system, the set of system files for the
`virtual server, thereby transferring the
`virtual server from the first physical host
`to the second physical host
`
`See also construction of the term “virtual
`server”
`
`Structure: Dynamic Virtual Server Mover
`140 as described in ’726 Patent, 11:63-
`12:23; Figure 6.
`
`U.S. Patent No. 7,949,752 (the “’752 patent”)
`“used up to the allotted or pre-determined
`“unavailable for reuse”
`amount”
`
`“used”
`
`“used up”
`
`“Network functionality available to
`agent(s)”
`
`“An application that is used by an agent
`on behalf of a principal”
`
`8
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 10 of 21
`
`
`
`Claim Terms and Phrases
`
`19. “means for receiving data for creating
`a network-based agent”
`
`(’752 patent claim 1)
`
`
`20. “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”
`
`(’752 patent claim 1)
`
`
`21. “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”
`
`(’752 patent claim 1)
`
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`Means-plus function term.
`
`Function: receiving data for creating a
`network-based agent
`
`Structure: communication
`line (68)
`
`Means-plus function term.
`
`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)
`
`Means-plus function term.
`
`Function: using a service and a
`service resource configured
`to be consumed by the
`network-based agent for
`performing the operation
`
`Structure: agent (22)
`
`
`9
`
`Defendants’ Proposed Construction
`Means-plus function term.
`
`Function: Same as IV’s proposal.
`
`Structure: communication line (68) as
`described in ’752 patent, 6:16–27, 14:48–
`57.
`
`
`Means-plus function term.
`
`Function: Same as IV’s proposal.
`
`Structure: agent server (20) as described
`in ’752 patent, 7:47–65, 8:7–13, 18:34–
`38.
`
`
`Means-plus function term.
`
`Function: Same as IV’s proposal.
`
`Structure: agent (22) as described in ’752
`patent, 8:31–34, 9:31–39.
`
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 11 of 21
`
`
`
`Claim Terms and Phrases
`
`22. “means for communicating a result of
`the operation over a network
`communications link”
`
`(’752 patent claim 1)
`
`
`23. “means for mediating an interaction
`between the means for using the
`service and the service”
`
`(’752 patent claim 3)
`
`
`24. “means for monitoring an amount of
`the service resource used by the
`network-based agent”
`
`(’752 patent claim 4)
`
`
`25. “means for allowing a user to modify
`the network-based agent”
`
`(’752 patent claim 6)
`
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`Means-plus function term.
`
`Function: communicating a result of the
`operation over a network communications
`link
`
`Structure: communication line (68)
`
`Means-plus function term.
`
`Function: mediating an interaction
`between the means for using the service
`and the service
`
`Structure: service wrapper (26)
`
`Means-plus function term.
`
`Function: monitoring an amount of the
`service resource used by the network-
`based agent
`
`Structure: Service Wrapper 26
`Means-plus function term.
`
`Function: allowing a user to modify
`the network-based agent
`
`Structure: network system (2)
`
`
`10
`
`Defendants’ Proposed Construction
`Means-plus function term.
`
`Function: Same as IV’s proposal.
`
`Structure: communication line (68) as
`described in’752 patent, 6:16–27, 14:48–
`57.
`
`Means-plus function term.
`
`Function: Same as IV’s proposal.
`
`Structure: service wrapper (26) as
`described in ’752 patent, 16:22–38.
`
`
`Means-plus function term.
`
`Function: Same as IV’s proposal.
`
`Structure: monitor as described in ’752
`patent, 16:50-61.
`
`Means-plus function term.
`
`Function: Same as IV’s proposal.
`
`Structure: network system (2) as
`described in ’752 patent, 9:26–30, 10:12–
`15.
`
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 12 of 21
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`
`
`
`
`26. “virtual server”
`
`(’051 patent claims 1, 3 and 6)
`
`
`27. “physical interface[s]”
`
`(’051 patent claims 1 and 3)
`
`28. The physical interface / tunnel
`identifier terms:
`
`Claim 1:
` storing a customer lookup table,
`the customer lookup table storing
`associations between physical
`interfaces and tunnel identifiers
`identifying tunnels for private
`networks and a plurality of
`customer forwarding tables;
` storing a plurality of customer
`forwarding tables, the customer
`forwarding tables associating
`network addresses with physical
`interfaces and tunnel identifiers;
`receiving, over a tunnel, a
`transmission on a physical
`
`
`
`Defendants’ Proposed Construction
`Plaintiff’s Proposed Construction
`Claim Terms and Phrases
`U.S. Reissued Patent No. RE43,051 (the “’051 patent”)
`Plain and ordinary meaning, or
`“a process executing on a host computer
`alternatively: “virtual machine(s) that
`that accepts communications requests”
`reside(s) on a physical server and use(s)
`the physical server’s resources but
`has/have the appearance of being a
`separate dedicated machine(s)”
`
`Plain and ordinary meaning
`
`“hardware that provides a point of
`communication between two or more
`devices”
`
`Plain and ordinary meaning
`
`11
`
`Claim 1:
` storing a customer lookup table, the
`customer lookup table storing
`associations between [incoming]
`physical interfaces and [incoming]
`tunnel identifiers identifying tunnels
`for private networks and a plurality
`of customer forwarding tables;
` storing a plurality of customer
`forwarding tables, the customer
`forwarding tables associating
`network addresses with [outgoing]
`physical interfaces and [outgoing]
`tunnel identifiers;
`receiving, over a tunnel, a
`transmission on [an incoming]
`physical interface, the transmission
`containing [an incoming] tunnel
`identifier;
`
`
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 13 of 21
`
`
`
`
`
`Claim Terms and Phrases
`interface, the transmission
`containing a tunnel identifier;
` determining the correct customer
`forwarding table from the
`customer lookup table using the
`physical interface and the tunnel
`identifier;
` determining via the customer
`forwarding table a physical
`interface and tunnel identifier
`associated with a network address
`of the transmission;
` sending the transmission to the
`network address on the determined
`physical interface using the
`determined tunnel identifier.
`
`Claim 3:
` storing customer lookup
`information and customer
`forwarding information, the
`customer lookup information
`specifying associations between
`physical interfaces and tunnel
`identifiers identifying tunnels for
`private networks and multiple
`customer forwarding tables, the
`customer forwarding information
`associating network addresses with
`physical interfaces and tunnel
`identifiers;
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`
`12
`
`Defendants’ Proposed Construction
` determining the correct customer
`forwarding table from the customer
`lookup table using the [incoming]
`physical interface and the
`[incoming] tunnel identifier;
` determining via the customer
`forwarding table [an outgoing]
`physical interface and [an outgoing]
`tunnel identifier associated with a
`network address of the transmission;
`and
` sending the transmission to the
`network address on the determined
`[outgoing] physical interface using
`the determined [outgoing] tunnel
`identifier.
`
`
`Claim 3:
` storing customer lookup information
`and customer forwarding
`information, the customer lookup
`information specifying associations
`between [incoming] physical
`interfaces and [incoming] tunnel
`identifiers identifying tunnels for
`private networks and multiple
`customer forwarding tables, the
`customer forwarding information
`associating network addresses with
`[outgoing] physical interfaces and
`[outgoing] tunnel identifiers;
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 14 of 21
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`
`
`
`
`
`
`
`Claim Terms and Phrases
`receiving, over a tunnel, a
`transmission on a physical
`interface having an interface
`identifier, the transmission
`identifying a tunnel identifier;
` determining the correct customer
`forwarding information from the
`customer lookup information using
`the physical interface identifier and
`the tunnel identifier;
` using the customer forwarding
`information to identify a physical
`interface and tunnel identifier
`associated with a network address
`of the transmission;
` sending the transmission to the
`network address on the identified
`physical interface using the
`identified tunnel identifier.
`
`
`
`(’051 patent claims 1 and 3)
`
`29. “customer forwarding
`[table/information]”
`
`(’051 patent claims 1 and 3)
`
`
`“table(s) containing [a set/sets] of
`customer specific forwarding
`information” / “set(s) of customer specific
`forwarding information”
`
`Defendants’ Proposed Construction
`
`receiving, over a tunnel, a
`transmission on [an incoming]
`physical interface having [an
`incoming] interface identifier, the
`transmission identifying [an
`incoming] tunnel identifier;
` determining the correct customer
`forwarding information from the
`customer lookup information using
`the [incoming] physical interface
`identifier and the [incoming] tunnel
`identifier;
` using the customer forwarding
`information to identify [an
`outgoing] physical interface and [an
`outgoing] tunnel identifier
`associated with a network address of
`the transmission; and
` sending the transmission to the
`network address on the identified
`[outgoing] physical interface using
`the identified [outgoing] tunnel
`identifier.
`
`
`Plain and ordinary meaning
`
`U.S. Reissued Patent No. RE44,818 (the “’818 patent”)
`
`13
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 15 of 21
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`Plain and ordinary meaning
`
`Plain and ordinary meaning (for each)
`
`
`
`Claim Terms and Phrases
`
`30. “hierarchical token bucket resource
`allocation” / “token”
`
`(’818 patent claims 1, 17, 30, 32 and
`42)
`
`31. “enforc[e/ing]”, “receiv[e/ing]”,
`“classify[ing]”, “compar[e/ing]”,
`“forward[ing]”, and “buffer[ing]”
`
`(’818 patent claims 1, 17, 30, 32, 33,
`37, 38, 39, 42)
`
`32. “maintaining a connection over a
`network fabric”
`
`(’818 patent claims 1, 17, 30, 32 and
`42)
`
`33. virtual storage network interface layer
`of an application server” / “virtual
`network interface layer of an
`application server”/ “virtual interface
`layer of an application server”
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`14
`
`Defendants’ Proposed Construction
`the specific class-based scheduling
`algorithm known in the art as the
`“hierarchical token bucket”
`
`“enforcing . . . across the physical
`[storage network] interface of the virtual
`I/O server”
`
`“receiv[e/ing] in the virtual I/O server”
`
`“classify[ing] in the virtual I/O server”
`
`“compar[e/ing] in the virtual I/O server”
`
`“forward[ing] in the virtual I/O server”
`
`“buffer[ing] in the virtual I/O server”
`
`“maintaining a connection between the
`physical interface of the application
`server and the physical interface of the
`virtual I/O server over a network fabric”
`
`interface layers (e.g., virtual network
`interface 220, virtual HBA 208a) that
`emulate layers of a networking or storage
`protocol stack
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 16 of 21
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`
`
`
`
`Claim Terms and Phrases
`
`Plaintiff’s Proposed Construction
`
`Defendants’ Proposed Construction
`
`
`(’818 patent claims 1, 17, 30, 32 and
`42)
`34. “one or more input/output
`virtualization modules comprising
`computer-readable instructions
`operative to cause the one or more
`processors to:
`
`maintain a connection, over a network
`fabric, to a virtual storage network
`interface layer of an application server,
`wherein the virtual storage network
`interface layer is associated with a
`virtual storage node identifier”
`
`(’818 patent claim 17)
`
`35. “one or more input/output
`virtualization modules comprising
`computer-readable instructions
`operative to cause the one or more
`processors to: […] present, at a
`physical storage network interface, the
`virtual storage node identifier to a
`storage area network”
`
`(’818 patent claim 17)
`
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`Function: cause one or more processors to
`maintain a connection, over a network
`fabric, to a virtual storage network
`interface layer of an application server
`
`Structure: Virtual I/O Server 106; I/O
`Switch Fabric 104
`
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`Function: present, at a physical storage
`network interface, the virtual storage node
`identifier to a storage area network
`
`Structure: Virtual I/O server 106; HBA
`108
`
`36. “one or more input/output
`virtualization modules comprising
`
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`Means-plus function term. This term
`is indefinite.
`
`Function: maintain a connection, over a
`network fabric, to a virtual storage
`network interface layer of an application
`server, wherein the virtual storage
`network interface layer is associated with
`a virtual storage node identifier
`
`Structure: This term is indefinite for a
`lack of sufficient corresponding structure
`in the specification.
`
`Means-plus function term. This term is
`indefinite.
`
`Function: present, at a physical storage
`network interface, the virtual storage node
`identifier to a storage area network
`
`Structure: This term is indefinite for a
`lack of sufficient corresponding structure
`in the specification.
`
`Means-plus function term. This term is
`indefinite.
`
`15
`
`

`

`Case 1:19-cv-01075-ADA Document 67-3 Filed 04/17/20 Page 17 of 21
`
`
`
`
`
`Claim Terms and Phrases
`computer-readable instructions
`operative to cause the one or more
`processors to: […] enforce a
`hierarchical token bucket resource
`allocation of bandwidth across the
`physical storage network interface”
`
`(’818 patent claim 17)
`
`37. “one or more input/output
`virtualization modules comprising
`computer-readable instructions
`operative to cause the one or more
`processors to: […] receive, over the
`connection, a storage command from
`the virtual storage network interface
`layer of the application server, wherein
`the storage command is a command to
`read data from, or write data to, a
`target connected to the storage area
`network”
`
`(’818 patent claim 17)
`
`38. “one or more input/output
`virtualization modules comprising
`computer-readable instructions
`operative to cause the one or more
`processors to: […] determine a data
`transfer size associated with the
`storage command”
`
`EXHIBIT C
`
`Disputed Claim Terms
`
`Plaintiff’s Proposed Construction
`
`
`Function: enforce a hierarchical token
`bucket resource allocation of bandwidth
`across the physical storage network
`interface.
`
`Structure: Virtual I/O Server 106
`
`Not subject to § 112 ¶ 6 - in the
`alternative:
`
`Function: receive, over the connection, a
`storage command to read/write to/from a
`target connected to the storage area
`network, from the virtual network
`interface layer of the application server
`
`Structure: Virtual I/O Server 106; I/O
`Switch Fabric 104; Virtual HBA 208a;
`Encapsulation Module 206; I/O Fabric
`Driver Stack 204; I/O Fabric PHY
`Interface 202
`
`Defendants’ Proposed Construction
`
`
`Function