Case 1:19-cv-01075-ADA Document 82 Filed 05/13/20 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`Intellectual Ventures I LLC and
`Intellectual Ventures II LLC,
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`Plaintiffs/Counter-
`Defendants,
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`v.
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`VMware, Inc.,
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`Defendant/Counter-Plaintiff.
`
`Civil Action No. 1:19-cv-1075-ADA
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`JURY TRIAL DEMANDED
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`DEFENDANT’S SUPPLEMENTAL CLAIM CONSTRUCTION STATEMENT
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`Pursuant to the Court’s instruction on May 11, 2020, VMware submits this supplemental
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`claim construction brief to support VMware’s proposed structures for the means-plus-function
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`terms in U.S. Patent No. 7,949,752. These terms are identified as terms 19-25 in Dkt. No. 67-3
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`and discussed below.
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`A.
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`Term 19: “means for receiving data for creating a network-based agent”
`(’752 patent claim 1)
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`VMware proposes that the structure is a “communication line (68) as described in ’752
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`patent, 6:16–27, 14:48–57.” The specification discloses, for example, that the communication
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`line (68) is a link capable of supporting data transfer between a client device and a service
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`provider. Id. at 14:48-57. IV’s additional citations provided in Dkt. No. 81 relate to additional
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`components such as a graphical user interface, but do not disclose the structure of
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`communication line (68).
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`B.
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`Term 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)
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`EX2013
`VMware v. IV
`IPR2020-00470
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`

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`Case 1:19-cv-01075-ADA Document 82 Filed 05/13/20 Page 2 of 6
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`VMware proposes that the structure is an “agent server (20) as described in ’752 patent,
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`7:47–65, 8:7–13, 18:34–38.” The specification citations disclose the structure of the agent server
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`(20), for example, as using “any suitable processor such as a main-frame, file server,
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`workstation, or other suitable data processing facility running appropriate software . . . under the
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`control of any suitable operating system such as MS-DOS, MacINTOSH OS, WINDOWS NT
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`WINDOWS 95, OS/2, UNIX, XENIX, GEOS, MAGIC CAP, and the like” to “control[],
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`coordinate[], and otherwise manage[] the overall operation of programmable functionality
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`component 4.” Id. at 8:7–13 and 7:51-53. IV’s additional citations provided in Dkt. No. 81,
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`with two potential exceptions, relate to agent server functionality and/or descriptions of other
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`components, but do not disclose the structure of agent server (20). The two potential exceptions
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`are IV’s citations to the ’752 patent at 14:3-6 and 15:13-19. To the extent this Court finds these
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`disclosures as structure, VMware offers a revised proposed construction of “agent server (20) as
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`described in ’752 patent, 7:47–65, 8:7–13, 14:3-6, 15:13-19, and 18:34–38.”
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`C.
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`Term 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)
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`VMware proposes that the structure is an “agent (22) as described in ’752 patent, 8:31–
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`34, 9:31–39.” The specification citations disclose the structure for agent 22, for example, that
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`“agents 22 can be considered to be personal software assistants with authority delegated by the
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`respective principals. That is, each agent 22 may be implemented as a software application,
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`program, or process which autonomously, and possibly continuously, runs on behalf of its
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`principal,” such that the “consumption of computational and service resources by various agents
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`22 can be monitored.” Id. at 8:29-34 and 9:36-38.
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`Case 1:19-cv-01075-ADA Document 82 Filed 05/13/20 Page 3 of 6
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`IV is wrong to disagree with VMware’s identification of the ’752 patent at 8:31-34. See
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`Dkt. No. 81. This section discloses structure for the agent 22: “each agent 22 may be
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`implemented as a software application, program, or process which autonomously, and possibly
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`continuously, runs on behalf of its principal.” Id. IV’s additional citations provided in Dkt. No.
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`81 disclose functions of an agent (22) and not structural disclosure.
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`D.
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`Term 22: “means for communicating a result of the operation over a network
`communications link” (’752 patent claim 1)
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`VMware proposes that the structure is a “communication line (68) as described in’752
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`patent, 6:16–27, 14:48–57.” See Term 19 herein above.
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`E.
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`Term 23: “means for mediating an interaction between the means for using
`the service and the service” (’752 patent claim 3)
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`This term was discussed in prior claim construction briefing. See Dkt. No. 61 at ECF
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`
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`page 38. VMware proposes that the structure is a service wrapper (26) as described in ’752
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`patent, 16:22–38. IV’s additional citations provided in Dkt. No. 81, with one potential
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`exception, relate to functional language and do not provide a disclosure of structure. The one
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`potential exception is IV’s citation to the ’752 patent at 25:1-24 describes an algorithm for
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`service wrapper 26 including steps 802-820. To the extent this Court finds this disclosure as
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`structure, VMware offers a revised proposed construction of “service wrapper (26) as described
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`in 16:22–38 and 25:1–24.”
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`F.
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`Term 24: “means for monitoring an amount of the service resource used by
`the network-based agent” (’752 patent claim 4)
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`This term was discussed in prior claim construction briefing. See Dkt. No. 54 at ECF
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`
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`pages 42-43; Dkt. No. 61 at ECF page 39; Dkt. No. 64 at ECF page 25.
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`G.
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`Term 25: “means for allowing a user to modify the network-based agent”
`(’752 patent claim 6)
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`Case 1:19-cv-01075-ADA Document 82 Filed 05/13/20 Page 4 of 6
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`VMware proposes that the structure is the “network system (2) as described in ’752
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`patent, 9:26–30, 10:12–15.” The specification citations disclose the structure for this term, for
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`example, that the “customization of agents 22 can be accomplished using an electronic user
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`device (e.g., desktop computer) communicating with network system 2 via graphical user
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`interface 12” and that “network system 2 allows users (e.g., subscribers) to create, copy, modify,
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`edit, or delete agents 22.” See id. at 9:26-30; and 10:13-14. IV’s additional citations provided in
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`Dkt. No. 81 relate to additional structures and/or functional language, but do not disclose a
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`structure for network system (2).
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`Dated: May 13, 2020
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`
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`Respectfully submitted,
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`WINSTON & STRAWN LLP
`
`/s/ Katherine Vidal
`Katherine Vidal
`Admitted Pro Hac Vice
`KVidal@winston.com
`Michael R. Rueckheim
`Texas State Bar No. 24081129
`MRuekheim@winston.com
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`Telephone: (650) 858-6500
`Facsimile: (650) 858-6559
`
`Thomas M. Melsheimer
`Texas State Bar No. 13922550
`M. Brett Johnson
`Texas State Bar No. 00790975
`MBJohnson@winston.com
`Michael A. Bittner
`MBittner@winston.com
`Admitted Pro Hac Vice
`Winston & Strawn LLP
`2121 N. Pearl St., 9th Floor
`Dallas, TX 75201
`Telephone: (214) 453-6500
`Facsimile: (214) 453-6400
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`Case 1:19-cv-01075-ADA Document 82 Filed 05/13/20 Page 5 of 6
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`
`Vivek V. Krishnan
`Admitted Pro Hac Vice
`VKrishnan@winston.com
`DaWanna McCray
`Admitted Pro Hac Vice
`DMcCray@winston.com
`Winston & Strawn LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`Telephone: (312) 558-5600
`Facsimile: (312) 558-5700
`
`William M. Logan
`Texas State Bar No. 24106214
`WLogan@winston.com
`Winston & Strawn LLP
`1111 Louisiana Street
`Houston, TX 77002
`Telephone: (713) 651-2766
`Facsimile: (713) 651-2700
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`ATTORNEYS FOR DEFENDANT
`VMWARE, INC.
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`Case 1:19-cv-01075-ADA Document 82 Filed 05/13/20 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on May 13, 2020, the foregoing document was electronically filed
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`with the Clerk of Court using the Court’s CM/ECF system which will send notification of such
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`filing to all counsel of record, including counsel of record for Plaintiffs Intellectual Ventures I
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`LLC and Intellectual Ventures II LLC.
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`/s/ Katherine Vidal
`Katherine Vidal
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