Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 1 of 8
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`MIDLAND/ODESSA DIVISION
`
`VIRTAMOVE, CORP.,
`
`GOOGLE LLC,
`
`Plaintiff,
`v.
`
`Defendants.
`
`Case No. 7:24-CV-00033-DC-DTG
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`Plaintiff VirtaMove, Corp. (“Plaintiff” or “VirtaMove”) and Defendant Google LLC
`(“Defendant” or “Google”) respectfully submit this Joint Claim Construction Statement in
`anticipation of the claim construction hearing scheduled for January 9, 2025. The asserted patents
`are U.S. Patent Nos. 7,519,814 (the “’814 patent”), and 7,784,058 (the “’058 patent”). The
`currently asserted claims are set forth below and the parties’ agreed and disputed claim
`construction positions are shown in Attachment A, attached hereto.
`’814 patent – claims 1, 2, 4, 6, 9, 10, 13, and 14
`’058 patent – claims 1, 2, 3, 4, 5, 10, and 18
`
`•
`
`•
`
`01980-00227/15479879.2 1
`
`Google Exhibit 1058
`Google v. VirtaMove
`
`

`

`Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 2 of 8
`
`
`
`Dated: December 18, 2024
`
`Respectfully submitted,
`
`
`
` By: /s/ Christian W. Conkle
`
`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`mfenster@raklaw.com
`Neil A. Rubin (CA SBN 250761)
`nrubin@raklaw.com
`James A. Milkey (CA SBN 281283)
`jmilkey@raklaw.com
`Amy E. Hayden (CA SBN 287026)
`ahayden@raklaw.com
` Jacob Buczko (CA SBN 269408)
` jbuczko@raklaw.com
` James Tsuei (CA SBN 285530)
` jtsuei@raklaw.com
`Christian W. Conkle (CA SBN 306374)
`cconkle@raklaw.com
`Jonathan Ma (CA SBN 312773)
`jma@raklaw.com
`Daniel B. Kolko (CA SBN 341680)
`dkolko@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Telephone: (310) 826-7474
`
`Qi (Peter) Tong (TX SBN 24119042)
`RUSS AUGUST & KABAT
`4925 Greenville Ave., Suite 200
`Dallas, TX 75206
`Telephone: (310) 826-7474
`
`Attorneys for Plaintiff VirtaMove, Corp.
`
`
`
`01980-00227/15479879.2 2
`
`
`
`
`
`
`
`
`/s/ David A. Perlson
`David A. Perlson (admitted pro hac vice)
`davidperlson@quinnemanuel.com
`Quinn Emanuel Urquhart & Sullivan, LLP
`50 California Street, 22nd Floor
`San Francisco, California 94111-4788
`Telephone: (415) 875-6600
`Fax: (415) 875-6700
`
`Deepa Acharya
`deepaacharya@quinnemanuel.com
`1300 I Street NW, Suite 900
`Quinn Emanuel Urquhart & Sullivan, LLP
`Washington, District of Columbia 20005-3314
`Telephone: (202) 538-8000
`Fax: (202) 538-8100
`
`/s/ Katharine L. Carmona
`Katharine Lee Carmona
`Texas State Bar No. 00787399
`kcarmona@jw.com
`Jackson Walker L.L.P.
`100 Congress Avenue, Suite 1100
`Austin, Texas 78701
`(512) 236-2000
`(512) 236-2002 (facsimile)
`
`Nathaniel St. Clair, II
`Texas State Bar No. 24071564
`nstclair@jw.com
`2323 Ross Avenue, Suite 600
`Dallas, Texas 75201
`(214) 953-6000
`(214) 953-5822 (facsimile)
`
`Erica Benites Giese
`Texas State Bar No. 24036212
`egiese@jw.com
`1900 Broadway, Suite 1200
`San Antonio, Texas 78215
`(210) 978-7700
`(210) 978-7790 (facsimile)
`
`Counsel for Defendant Google LLC
`
`

`

`Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 3 of 8
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on December 18, 2024, a true and correct copy of the foregoing document
`
`was electronically filed with the Court and served on all parties of record via the Court’s CM/ECF
`
`system.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Christian Conkle
`Christian Conkle
`
`
`
`
`
`
`
`
`
`
`
`01980-00227/15479879.2 3
`
`

`

`Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 4 of 8
`
`
`
`
`
`APPENDIX A
`
`I. DISPUTED CONSTRUCTIONS
`
`
`Claim Language
`operating system (’814 patent, claims
`1, 10; ’058 patent, claim 1)
`
`VirtaMove’s Proposed Construction
`No construction necessary; plain and
`ordinary meaning.
`
`kernel/operating system kernel (’814
`patent, claim 1; ’058 patent, claim 1)
`
`No construction necessary; plain and
`ordinary meaning.
`
`disparate computing environments
`(’814 patent, claim 1)
`service (’814 patent, claims 1, 14)
`
`environments run by standalone or unrelated
`computers
`No construction necessary; plain and
`ordinary meaning.
`
`Google’s Proposed Construction
`the software that controls the allocation and
`usage of hardware resources such as
`memory, central processing unit (CPU) time,
`disk space, and peripheral devices
`the core of an operating system—the portion
`of the system that manages memory, files,
`and peripheral devices; maintains the time
`and date; launches applications; and
`allocates system resources.
`Indefinite
`
`specialized, software-based functionality
`provided by network servers and comprised
`of one or more applications
`at least two or more of the different
`operating systems / at least two or more of
`the plurality of different operating systems
`
`at least some of the different
`operating systems/at least some of
`the plurality of different operating
`systems (’814 patent, claim 1)
`memory accessible to at least some
`of the servers (’814 patent, claim 1)
`local kernel residing permanently on
`one of the servers (’814 patent,
`claims 1, 2, 4, 6, 9, 10, 13, 14)
`
`01980-00227/15479879.2 4
`
`No construction necessary; plain and
`ordinary meaning.
`
`memory that at least some of the servers can
`read from or write to
`No construction necessary; plain and
`ordinary meaning
`
`memory that at least two or more of the
`servers can read from or write to
`local kernel in one of the server’s memory
`that is not lost when power is removed from
`it
`
`

`

`Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 5 of 8
`
`Claim Language
`secure containers of application
`software (’814 patent, claims 1, 2, 4,
`6, 9, 10, 13, 14)
`
`an operating system’s root file
`system (’814 patent, claims 1, 2, 4, 6,
`9, 10, 13, 14)
`critical system elements (’058 patent,
`claim 1)
`
`shared library (’058 patent, claim 1)
`
`VirtaMove’s Proposed Construction
`containers where each application set
`appears to have individual control of some
`critical system resources and/or where data
`within each application set is insulated from
`effects of other application sets
`No construction necessary; plain and
`ordinary meaning.
`
`any service or part of a service, “normally”
`supplied by an operating system, that is
`critical to the operation of a software
`application
`an application library whose code space is
`shared among all user mode applications
`
`some of the SLCSEs stored in the
`shared library…. are accessible to
`some of the plurality of software
`applications / accessed by one or
`more of the plurality of software
`applications it (’058 patent, claim 1)
`functional replicas of OSCSEs (’058
`patent, claim 1)
`
`Plain and ordinary meaning. In the
`alternative: wherein some of the plurality of
`the software applications can use SLCSEs
`stored in the shared library/used by one or
`more of the plurality of software
`applications
`substantial functional equivalents or
`replacements of kernel functions
`
`Google’s Proposed Construction
`environments where each application set
`appears to have individual control of some
`critical system resources and/or where data
`within each application set is insulated from
`effects of other application sets
`Indefinite.
`
`Indefinite.
`
`An application library code space shared
`among all user mode applications. The code
`space is different than that occupied by the
`kernel and its associated files. The shared
`library files are placed in an address space
`that is accessible to multiple applications.
`wherein two or more of the plurality of the
`software applications can read SLCSEs
`stored in the shared library/read by one or
`more of the plurality of software
`applications
`
`Indefinite.
`
`
`
`
`
`II. AGREED CONSTRUCTIONS
`
`01980-00227/15479879.2 5
`
`

`

`Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 6 of 8
`
`
`
`Term
`Whether the preambles are
`limiting
`container
`
`it forms a part of the one or more
`of the plurality of software
`applications
`a kernel a set of associated local
`system files [sic]
`kernel mode
`
`a kernel module
`
`processor
`
`servers
`user mode
`
`within a container
`
`a processor / the processor
`
`a plurality of servers / the servers
`one of the servers / the server
`
`01980-00227/15479879.2 6
`
`Claim(s)
`’814 patent, claim 1;
`’058 patent, claim 1
`’814 patent, claims 1,
`2, 4, 6, 9, 10, 13, 14
`
`’058 patent, claim 1
`
`Agreed Construction
`The preambles are limiting
`
`An aggregate of files required to successfully execute a set of
`software applications on a computing platform. Each container for
`use on a server is mutually exclusive of the other containers, such
`that read/write files within a container cannot be shared with other
`containers.
`it is linked to one or more of the plurality of software applications
`
`’814 patent, claim 1
`
`A kernel and a set of associated local system files
`
`’058 patent, claim 1
`
`’058 patent, claim 5
`
`’814 patent, claim 1;
`’058 patent, claim 1
`’814 patent, claim 1
`’058 patent, claim 1
`
`The context in which the kernel portion of an operating system
`executes. Application code cannot run in kernel mode.
`a set of functions that reside and execute in kernel mode as
`extensions to the operating system kernel
`physical computer processor
`
`physical servers
`the context in which applications execute
`
`’814 patent, claim 1
`
`associated with a container
`
`’814 patent, claim 1
`
`The term and its antecedent refer to the same entity.
`
`’814 patent, claim 1
`’814 patent, claim 1
`
`The term and its antecedent refer to the same entity.
`The term and its antecedent refer to the same entity.
`
`

`

`Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 7 of 8
`
`
`
`Term
`operating systems / the operating
`systems
`a plurality of different operating
`systems / the plurality of different
`operating systems
`one or more of the executable
`applications / the one or more of
`the executable applications
`a plurality of secure containers of
`application software / the
`containers of application software
`/ the plurality of secure containers
`of application software / the
`containers
`a plurality of software applications
`/ the plurality of software
`applications
`a processor / said processor
`an operating system / the
`operating system
`a shared library / the shared library
`
`OS critical system elements
`(OSCSEs) / OSCSEs
`shared library critical system
`elements (SLCSEs) / the SLCSEs
`
`01980-00227/15479879.2 7
`
`Claim(s)
`’814 patent, claim 1,
`10
`’814 patent, claim 1
`
`Agreed Construction
`The term and its antecedent refer to the same entity.
`
`The term and its antecedent refer to the same entity.
`
`’814 patent, claim 1
`
`The term and its antecedent refer to the same entity.
`
`’814 patent, claims 1,
`6, 9
`
`The term and its antecedent refer to the same entity.
`
`’058 patent, claims 1,
`4, 10
`
`’058 patent, claim 1
`’058 patent, claims 1,
`2
`’058 patent, claims 1,
`2, 10
`’058 patent, claim 1,
`3, 18
`’058 patent, claims 1,
`3, 4, 10, 18
`
`The term and its antecedent refer to the same entity.
`
`The term and its antecedent refer to the same entity.
`The term and its antecedent refer to the same entity.
`
`The term and its antecedent refer to the same entity.
`
`The term and its antecedent refer to the same entity.
`
`The term and its antecedent refer to the same entity.
`
`

`

`Case 7:24-cv-00033-DC-DTG Document 74 Filed 12/18/24 Page 8 of 8
`
`
`
`
`
`Term
`one or more of the plurality of
`software applications / the one or
`more of the plurality of software
`applications
`a first of the plurality of software
`applications / the first of the
`plurality of software applications /
`at least first of the plurality of
`software applications
`a second of the plurality of
`software applications / the second
`of the plurality of software
`applications
`a SLCSE related to a
`predetermined function / a first
`instance of the SLCSE
`
`Claim(s)
`’058 patent, claims 1,
`4, 10
`
`Agreed Construction
`The term and its antecedent refer to the same entity.
`
`’058 patent, claim 1
`
`The term and its antecedent refer to the same entity.
`
`’058 patent, claim 1
`
`The term and its antecedent refer to the same entity.
`
`’058 patent, claim 1
`
`The term and its antecedent refer to the same entity.
`
`01980-00227/15479879.2 8
`43059114v.1
`
`