Case 6:21-cv-00642-ADA Document 41 Filed 02/28/22 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FLYPSI, INC. (D/B/A FLYP),
`
`Plaintiff,
`
`Civil Action No. 6:21-cv-642-ADA
`
`v.
`
`DIALPAD, INC.,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`DEFENDANT DIALPAD, INC.’S SUPPLEMENTAL CLAIM CONSTRUCTION BRIEF
`FOR NEWLY ASSERTED ‘585 PATENT
`
`INTRODUCTION
`
`On January 4, 2022, Plaintiff Flypsi, Inc.’s (“Plaintiff” or “Flypsi”) asserted by Amended
`
`Complaint, U.S. Patent No. 11,218,585 (the ‘585 Patent) against Dialpad, Inc. (“Defendant” or
`
`“Dialpad”). See Dkt. 30. The ‘585 Patent is related as a continuation to the three patents asserted
`
`in the original Complaint of this case, U.S. Patent No. 9,667,770 (the ‘770 patent), U.S. Patent
`
`No. 10,051,105 (the ‘105 patent), U.S. Patent No. 10,334,094 (the ‘094 patent)), and the ‘585
`
`Patent also claims priority to the U.S. Patent Nos. 11,012,554 (the ‘554 patent). See, Ex. A, ’585
`
`patent.
`
`The ‘585 patent specification is the same as that of the ‘770, ‘105, ‘094 and ‘554 patents.
`
`Id; See Ex. 1-4 of Opening Claim Construction Brief, Dkt. 24. In addition, the claim language in
`
`the ‘585 patent incorporates the terms “primary telephone number,” “switch” and “switch …
`
`associated with” that are in dispute in the original Markman briefing between the parties in this
`
`case at Dkts. 24, 32, 33 and 37.
`
`The Parties agreed to an Amended Scheduling Order to permit Dialpad and Flypsi to
`
`submit one additional Markman brief each, to address any claim construction issues specific to
`
`1
`
`

`

`Case 6:21-cv-00642-ADA Document 41 Filed 02/28/22 Page 2 of 6
`
`the newly asserted ‘585 patent. See Unopposed Motion and Order at Dkts. 25 and 29 entering an
`
`Amended Scheduling Order.
`
`Dialpad hereby asserts that the constructions and positions set forth in its Opening Claim
`
`Construction Brief, Dkt. 24, and its Reply Claim Construction Brief, Dkt. 33, should apply to the
`
`same disputed terms “primary telephone number,” “switch” and “switch… associated with” that
`
`also appear in the asserted ‘585 patent claims.
`
`I.
`
` ARGUMENT
`
`A.
`
`BACKGROUND
`
`Flypsi has asserted only method claims from all five patents in this case. From the newly
`
`added ‘585 Patent, Flypsi asserts claims 1 - 4. See Dkt. 30.
`
`For the ‘770 and ‘105 patents, the independent claims are directed to inbound calls to a
`
`mobile device or handset. For the ‘094, ‘554 and ‘585 patents, the independent claims are
`
`directed to outbound calls. See, Ex. A, ’585 patent; See Ex. 1-4 of Opening Claim Construction
`
`Brief, Dkt. 24.
`
`The specification of the newly added ‘585 patent is the same as that of the original four
`
`asserted patents in this case. In addition, the ‘585 patent claims incorporate the disputed claim
`
`terms “primary telephone number,” “switch” and “switch … associated with” that appear in the
`
`claims of the ‘770, ‘105, ‘094 and ‘554 patents in a similar context. For a comparison,
`
`independent claim 1 of the ’554 and ’585 patents, respectively, are set forth below, with the
`
`disputed terms found in the ‘585 patent highlighted in bold in both claims:
`
`’554 Patent, Claim 1
`1. A method of providing telephone service,
`comprising:
`automatically storing electronic information
`that indicates an association of a secondary
`telephone number and a primary telephone
`
`’585 Patent, Claim 1
`1. A method of providing telephone service,
`comprising:
`automatically storing electronic information
`that indicates an association of a secondary
`telephone number and a primary telephone
`
`2
`
`

`

`Case 6:21-cv-00642-ADA Document 41 Filed 02/28/22 Page 3 of 6
`
`number with a mobile device in a computer
`memory associated with a server;
`automatically transmitting information that
`indicates an access telephone number to the
`mobile device via a data channel;
`automatically associating the telephone access
`number with a switch associated with the
`server;
`
`receiving, at the switch associated with the
`server, an outgoing call from the mobile
`device to the access telephone number via a
`second channel;
`
`receiving, at the server, information from the
`switch indicating the outgoing call is being
`made to the access telephone number from the
`primary telephone number; and
`receiving, at the switch, information from the
`server directing the switch to:
`(a) connect the outgoing call to a contact
`telephone number indicated by the mobile
`device, and
`
`number with a mobile device in a computer
`memory associated with a server;
`automatically transmitting information that
`indicates an access telephone number to the
`mobile device via a data channel;
`primary
`automatically
`associating
`a
`telephone number and access telephone
`number pairing with
`a
`corresponding
`secondary telephone number and contact
`telephone number pairing in the computer
`memory;
`receiving, at a switch associated with the
`server, an outgoing call from the mobile
`device to the access telephone number via a
`second channel;
`
`receiving, at the server, information from the
`switch indicating the outgoing call is being
`made to the access telephone number from the
`primary telephone number; and
`receiving, at the switch, information from the
`server directing the switch to:
`(a) connect the outgoing call to the contact
`telephone number of the secondary telephone
`number and contact telephone number
`pairing, and
`
`(b) identify a telephone number from which
`the outgoing call is being made as the
`secondary telephone number.
`
`(b) identify a telephone number from which
`the outgoing call is being made as the
`secondary telephone number.
`
`B.
`
`ORIGINAL TERMS IN DISPUTE ALSO FOUND IN THE ‘585 PATENT
`
`The following original terms in dispute are also applicable to the ‘585 Patent:
`
`1.
`
`“primary telephone number”
`
`‘770 Patent claim 1, 4
`‘105 Patent claims 1, 2, 10 and 11
`‘094 Patent claim 1
`‘554 Patent claim 1
`‘585 Patent claim 1
`
`3
`
`

`

`Case 6:21-cv-00642-ADA Document 41 Filed 02/28/22 Page 4 of 6
`
`Dialpad’s Proposed Construction
`
`Flypsi’s Proposed Construction
`
`A telephone number or identifier that is
`
`Undefined plain and ordinary meaning.
`
`assigned to a handset or mobile device
`
`The term “primary telephone number” appears in the ‘585 patent in a similar context to
`
`the ‘554 patent, and the other patents in suit. The specification of the ‘585 Patent is identical to
`
`the ‘770, ‘105, ‘094 and ‘554 patents. Accordingly, Dialpad’s construction of “primary
`
`telephone number” and arguments in support set forth in Dialpad’s Opening Claim Construction
`
`Brief, Dkt. 24, and its Reply Claim Construction Brief, Dkt. 33, are equally applicable to same
`
`term “primary telephone number” as used in the ‘585 patent.
`
`2.
`
`The terms “switch” and “associated with” in the independent claims
`are indefinite
`
`‘770 Patent Clam 1
`‘105 Patent Claim 1, 2
`‘994 Patent Claim 1
`‘554 Patent Claim 1
`‘558 Patent Claim 1
`
`Dialpad’s Proposed Construction
`
`Flypsi’s Proposed Construction
`
`Indefinite.
`
`Undefined plain and ordinary meaning.
`
`4
`
`

`

`Case 6:21-cv-00642-ADA Document 41 Filed 02/28/22 Page 5 of 6
`
`The term “switch” and “switch … associated with” appear in the ‘585 patent in a similar
`
`context to the ‘554 patent and the other patents in suit. The specification of the ‘585 Patent is
`
`identical to the ‘770, ‘105, ‘094 and ‘554 patents. Accordingly, Dialpad’s position and
`
`arguments that the terms “switch” and “switch … associated with” are indefinite, as reflected in
`
`Dialpad’s Opening Claim Construction Brief, Dkt. 24, and its Reply Claim Construction Brief,
`
`Dkt. 33, apply equally to the appearance of these same disputed terms in the ‘585 patent.
`
`II.
`
` CONCLUSION
`
`For the foregoing reasons, Dialpad’s claim constructions should be adopted.
`
`Dated: February 28, 2022
`
`/s/ Elizabeth M. Chiaviello
`Elizabeth M. Chiaviello
`Texas Bar No. 24088913
`elizabeth.chiaviello@morganlewis.com
`MORGAN, LEWIS & BOCKIUS LLP
`1717 Main Street, Suite 3200
`Dallas, Texas 75201-7347
`T. (214) 466-4000
`F. (214) 466-4001
`
`Robert C. Bertin*
`D.C. Bar No. 469582
`robert.bertin@morganlewis.com
`MORGAN, LEWIS & BOCKIUS LLP
`1111 Pennsylvania Avenue, NW
`Washington, D.C. 20004
`Telephone: (202) 739-3000
`Facsimile: (202) 739-3001
`*Admitted pro hac vice
`
`Attorneys for Dialpad, Inc.
`
`5
`
`

`

`Case 6:21-cv-00642-ADA Document 41 Filed 02/28/22 Page 6 of 6
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing document was filed electronically in
`compliance with Local Rule CV-5. Therefore, this document was served on all counsel who are
`deemed to have consented to electronic service. Administrative Policies and Procedures for
`Electronic Filing in Civil and Criminal Cases, Western District of Texas, Section 14.
`
`/s/ Elizabeth M. Chiaviello
`Elizabeth M. Chiaviello
`
`6
`
`