`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`FLYPSI, INC. (D/B/A FLYP),
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`Plaintiff,
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`Civil Action No. 6:21-cv-642-ADA
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`vs.
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`DIALPAD, INC.,
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`Defendant.
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`JURY TRIAL DEMANDED
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`JOINT CLAIM CONSTRUCTION STATEMENT
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`In accordance with the Court’s Order Governing Proceedings – Patent Case and the Court’s
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`First Amended Scheduling Order (Dkt. No. 29), Plaintiff Flypsi, Inc. (“Flyp”) and Defendant
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`Dialpad, Inc. (“Dialpad”) submit this Joint Claim Construction Statement with respect to the five
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`asserted patents, U.S. Patent Nos. 9,667,770 (“’770 Patent), 10,051,105 (“’105 Patent”),
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`10,334,094 (“’094 Patent”), 11,012,554 (“’054 Patent”), and 11,218,585 (“’585 Patent”).
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`A.
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`Agreed-Upon Constructions
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`The parties met and conferred and have not been able to reach agreement regarding the
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`construction of the any terms in the asserted patents.
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`B.
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`Disputed Claim Constructions
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`The chart attached as Exhibit A identifies the disputed claim terms including (1) the party
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`or side that proposed the term, and (2) each party’s proposed construction of each disputed claim
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`term.
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`Case 6:21-cv-00642-ADA Document 45 Filed 03/11/22 Page 2 of 3
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`Respectfully submitted,
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`/s/ Michael A. Bittner
`Thomas M. Melsheimer
`Texas Bar No. 13922550
`tmelsheimer@winston.com
`M. Brett Johnson
`Texas Bar No. 00790975
`mbjohnson@winston.com
`Michael A. Bittner
`Texas Bar No. 24064905
`mbittner@winston.com
`WINSTON & STRAWN LLP
`2121 North Pearl Street, Suite 900
`Dallas, TX 75201
`Telephone: (214) 453-6500
`
`Matthew R. McCullough
`California Bar No. 301330
`mrmccullough@winston.com
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`Telephone: (650) 858-6500
`
`William M. Logan
`Texas Bar No. 24106214
`wlogan@winston.com
`WINSTON & STRAWN LLP
`800 Capitol Street, Suite 2400
`Houston, TX 77002
`Telephone: (713) 651-2766
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`ATTORNEYS FOR PLAINTIFF
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`DATED: March 11, 2022
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`Case 6:21-cv-00642-ADA Document 45 Filed 03/11/22 Page 3 of 3
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`/s/ Elizabeth M. Chiaviello (with permission)
`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
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`*Admitted pro hac vice
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`Attorneys for Dialpad, Inc.
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`CERTIFICATE OF SERVICE
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`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. Pursuant to
`the Court’s Standing Order Regarding Notice of Readiness for Patent Case, a courtesy copy of this
`filing
`has
`also
`been
`emailed
`to
`the
`Court
`at
`TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov, with Dialpad’s counsel copied.
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`/s/ Michael A. Bittner
`Michael A. Bittner
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