Skip to main content

Full text of "USPTO Patents Application 09870801"

See other formats


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 


WILLIAM L. ANTHONY (State Bar No. 106908) 
ERIC L. WESENBERG (State Bar No. 139696) 
MARK R. WEINSTEIN (State Bar No. 193043) 
ORRICK, HERRINGTON & SUTCLIFFE, LLP 
1000 Marsh Road 
Menlo Park, CA 94025 
Telephone: (650) 614-7400 
Facsimile: (650) 614-7401 

STEVEN ALEXANDER (admitted Pro Hac Vice) 

KRISTIN L. CLEVELAND (admitted Pro Hac Vice) 

JAMES E. GERINGER (admitted Pro Hac Vice) 

JOHN D. VANDENBERG 

KLARQUIST SPARKMAN, LLP 

One World Trade Center, Suite 1600 

121 S.W. Salmon Street 

Portland, OR 97204 

Telephone: (503) 226-7391 

Facsimile: (503) 228-9446 

Attorneys for Defendant and Counterclaimant, 
MICROSOFT CORPORATION 

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
OAKLAND DIVISION 

INTERTRUST TECHNOLOGIES 
CORPORATION, a Delaware corporation, 

Plaintiff, 

V. 

MICROSOFT CORPORATION, a 
Washington corporation, 

Defendant. 

MICROSOFT CORPORATION, a 
Washington corporation, 

Counterclaimant, 


INTERTRUST TECHNOLOGIES 
CORPORATION, a Delaware corporation, 

Coxmter Claim-Defendant. 


CASE NO. COl-1640 SBA 


MICROSOFT CORPORATION'S 
PATENT LOCAL RULE 4-l(a) 
STATEMENT (LIMITED TO "MINI- 
MARKMAN" CLAIMS) 


MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4- 1 (a) STATEMENT, Case No. C 01-1640 
SBA 


1 

2 

3 : 

4 
5 

6 : 

7 : 

8 

9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25~ 
26 
27 
28 



Pursuant to Patent Local Rule 4- 1 (a), Microsoft submits below the claim terms, phrases, 
and clauses of the twelve selected "Mini-Markman" patent claims that Microsoft presently 
submits, subject to discussions with InterTrust, should be construed by the Court, in addition to 
construing each claim as a whole. 

Set forth in Section A, below, is a list of individual claim terms that Microsoft pre^ntiy 
submits, subject to discussions with InterTrust, should be construed by the Court. Individual 
claim terms should be construed wherever they are found in these twelve claims. 

Set forth in Section B, below, are the phrases and clauses that Microsoft presently 
submits, subject to discussions with InterTrust, should be construed by the Court. The claim 
phrases and clauses that Microsoft presently submits, subject to discussions with InterTrust 
should be governed by 35 U.S.C. § 1 12(6), are identified in Section B by double underlining. 

Many of these claim terms, phrases and clauses are indefinite and otherwise improjjer 
under 35 U.S.C. § 1 12(2), and Microsoft reserves all rights to assert those defects as to each of 
these claim terms, phrases and clauses. 

The grouping of individual claim terms below is for convenience only and does not imply 
any particular connection, or lack of connection, between any terms. 
A. Individaal Claim Terms 

• a digital file, digital file 

• access, accessed, access to, accessing 

• addressing 

• allowing, allows 

• applying ... in combination 

• arrangement 

• aspect 

• associated with 

• authentication 

• authorization information, authorized, not authorized 

• budget control, budget 

MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4-l(a) STATEMENT, Case No. C 01-1640 
-2- SBA 


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 



• can be 

• capacity 

• clearinghouse 

• compares, comparison 

• component assembly 

• contain, contained, containing 

• control (n.), controls (n.) 

• controlling, control (v.) 

• copied file 

• copy, copied, copying 

• copy control 

• creating, creation 

• data item 

• derive, derives 

• descriptive data structure 

• designating 

• device class 

• digital signature, digitally signing 

• entity, entity's control 

• environment 

• executable progranuning, executable 

• execution space, execution space identifier 

• generating 

• govern, governed, governed item, governing 

• halting 

• host processing environment 

• identifier, identify, identifying 

• including 

• information previously stored 

• integrity programming 

• key 

• load module 

• machine check progranuning 

• metadata information 

• opening secure contmners 

• operating environment, said operating environment 

• organization, organization information, organize 

• portion 

• prevents 

• processing environment 

MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4-l(a) STATEMENT, CASE No. C 0M640 
-3- SBA 


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 



• protected processing environment 

• protecting 

• record 

• required 

• resource processed 

• rule 

• secure 

• secure container, secure containers 

• secure container governed item 

• secure container rule 

• secure database 

• secure execution space 

• secure memory, memory 

• secure operating environment, said operating environment 

• securely applying 

• securely assembling 

• securely processing 

• securely receiving, securely receiving ... a control 

• security 

• security level, level of security 

• specific information, specified information 

• tamper resistance 

• tamper resistant barrier 

• tamper resistant software 

• tampering 

• use 

• validity 

• virtual distribution environment 
B. Claim Phrases and Clauses 

*193:1 

• receiving a digital file including music 

• a budget specifying the number of copies which can be made of said digital file 
•—controlling-the copies made of-said digital-file 

• determining whether said digital file may be copied and stored on a second device based on at 
least said copy control 

• if said copy control allows at least a portion of said digital file to be copied and stored on a 
second device 

• copying at least a portion of said digital file 

MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4.1(a) STATEMENT, Case No. C 01-1640 
-4- SBA 


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 




transferring at least a portion of said digital file to a second device 
storing said digital file 


'193;11 



determining whether said digital file may be copied and stored on a second device based on 
said first control 

identifying said second device 

whether said first control allows transfer of said copied file to said second device 

said determination based at least in part on the features present at the device 

if said first control allows at least a portion of said digital file to be copied and stored on a 
second device 

copying at least a portion of said digital file 

transferring at least a portion of said digital file to a second device 

storing said digital file 


an authentication step comprising: 

accessing at least one identifier associated with a first device or with a user of said first device 

determining whether said identifier is associated with a device and/or user authorized to store 
said digital file 

storing said digital file in a first secure memory of said first device, but only if said device 
and/or user is so authorized, but not proceeding with said storing if said device and/or user is 
not authorized 

storing information associated with said digital file in a secure database stored on said first 
device, said information including at least one control 

determining whether said digital file may be copied and stored on a second device based oni 
said at least one control 

if said at least one control allows at least a portion of said digital file to be copied and stored 
on a second device, 

copying at least a portion of said digital file 

transferring at least a portion of said digital file to a second device 

storing said digital file 

'193;19 

receiving a dieital file at a first device 

establishing communiGa lion between said first aevicg and a tilearinehouse located at a 
locafioh remote faMTsaiiafli^^ device 

using said authorization information to gain access to or make at least one use of said first 
digital file 

including using said key to decrypt at least a portion of said first digital file 


'193:15 



-5- 


MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4- 1(a) STATEMENT, Case No. C 01-1640 
SBA 


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 


receiving a first control from saidtilearf nfihouse ai;ij{fti d^l^ 
storing said first digital file in a memory of said first device 

using said first control to determine whether said first digital file may be copied and stored on 
a second device 

if said first control allows at least a portion of said first digital file to be copied and stored on 
a second device 

copying at least a portion of said first digital file 

transferring at least a portion of said first digital file to a second device including a memory 
and an audio and/or video output 

storing said first digital file portion 

'683;2 

user controls 

the first secure container having been received from a second apparatus 
an aspect of access to or use of 

the first secure container rule having been received from a third apparatus different from saJd 
second apparatus 

hardware or software used for receiving and opening secure containers 

said secure containers each including the capacity to contain a governed item, a secure 
container rule being associated with each of said secure containers 

protected processing environment at least in part protecting information contained in said 
protected processing environment from tampering by a user of said first apparatus 
faardwara:erSofhx>at#^sed fei-annlvlng said Irst secure feont^iheritule aiida'iifecftnd seaare 

ofrgQveilled item contained in^r!!*^^^ ^^^^^^ "^^ 

hairdwgiaySdfbA^;ti ^ fcarliarism^ coMflineK; to other apparatuses or for the 

fecieipt f)f asct^ otlier anoaratuses i 

'721 ;1 

digitally signing a first load module with a first digital signature designating the first load 
module for use by a first device class 

digitally signing a second load module with a second digital signature different from the first 
digital signature, the second digital signature designating the second load module for use by a 
second device class having at least one of tamper resistance and security level different from 
the at least one of tamper resistance and security level of the first device class 

distributing the first load module for use by at least one device in the first device class 
- distributing the second load-module for use by at-Ieast one device in the second-device class- . 

*721;34 

arrangement within the first tamper resistant barrier 

prevents the first secure execution space from executing the same executable accessed by a 
second secure execution space having a second tamper resistant barrier with a second security 
level different from the first security level 

MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4- 1 (a) STATEMENT, Case No. C 0 1-1 640 
-6- SBA 


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
.J4 
25 
26 
27 
28 



*861;58 

• creating a first secure container 

• including or addressing . . . organization information . . . desired organization . . . and 
metadata information at least in part specifying at least one step required or desired in creation 
of said first secure container 

• at least in part determine specific information required to be included in said first secure 
container contents 

• rule designed to control at least one aspect of access to or use of at least a portion of said first 
secure container contents 

♦891;! 

• resource processed in a secure operating environment at a first appliance 

• securely receiving a first entitv^s control at said fir st annliance 

• securelv receiving a second entitv's control at said first annliance 

• securely processing a data item at said first appliance, using at least one resource 

• securely applying, at said first appliance through use of said at least one resource said first 
entity's control and said second entity's control to govern use of said data item 

*900;1S5 

• first host processing environment comprising 

• said mass storage storing tamper resistant software 

• designed to be loaded into said main memory and executed by said central processing unit 

• said tamper resistant software comprising: . . . one or more storage locations storing said 
information 

• derives information fi^om one or more aspects of said host processing environment, 

• one or more storage locations storing said information 

• information previously stored in said one or more storage locations 

• generates an indication based on the result of s^ud comparison 

• programming which takes one or more actions based on the state of said indication 

• at least temporarily halting ftirther processing 

*912;8 

• identifying at least one aspect of an execution space 

• required for use and/or execution of the load module 

-•- said execution-space identifier provides.the capabilitxfor_distinguishing between execution 
spaces providing a higher level of security and execution spaces providing a lower level of 
security 

• checking said record for validity prior to performing said executing step 


MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4-I(a) STATEMENT. CaseNo. C 01-1640 
-7- SBA 


1 

2 
3 
4 
5 
6 
7 
S 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
_24 
25 
26 
27 
28 




'912:35 


• received in a secure container 

• said component assembly allowing access to or use of specified information 

• said first component assembly specified by said first record 


Dated: November 8, 2002 


By:, 



ERIC L. WESENBERG 

MARK R. WEINSTEIN 

ORRICK HERRINGTON & SUTCLIFFE, LLP 

1000 Marsh Road 

Menlo Park, CA 94025 

Telephone: (650)614-7400 

STEVEN ALEXANDER 
KRISTIN L. CLEVELAND 
JAMES E. GERINGER 
JOHN D. VANDENBERG 
KLARQUIST SPARKMAN, LLP 
One World Trade Center, Suite 1600 
121 S.W. Salmon Street 
Portland, OR 97204 
Telephone: (503)226-7391 

Attomeys for Defendant 
MICROSOFT CORPORATION 


Of Counsel: 


T. Andrew Culbert, Esq. 
One Microsoft Way 
Building 8 

Redmond, WA 98052-6399 
Phone: 425-882-8080 


MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4-l(a) STATEMENT, Case No. C 01-1640 
-8- SBA 


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 


i aiH 'more years old and not a party to this action. My place of employment 

ind;iusiness?address=« S.W. Salmon St., Suite 1600, Portland, OR 97204. 

On Hbyenife^^^^^ 2002, 1 served on counsel for InterTrust Technologies Corporation: 

kMCaetOSOFT corporation's patent local rule 4-l(a) STATEMENT by e- 

nail dieTivery andiby. placing true copies of these papers in envelopes addressed to: 


Michael M: Page, Esq. 
iSohh W. Kekea-j JEsq. 
Joii B; Streeterj Esq. 
KEBm & V%|il NEST, LLP 
HCi SMSome:;lS;utet 
San Frandsco, CA 941 1 1 
Phone: 415-391-5400 
Fax:, 415-397-7188 
E-mail: mhp@Jcvn.com 


StepheniEi Taylor^ Esq. 
taif^:-^0' Law: Offites 
f 050 timm Village Parkway 
Suite 101 

Alameda, CA ^Sbli 
Phone: 510-811^$^! 
Fax: 510-865=9408 
Email: stavloi!i@tc6iMj(fedc>iii 


Steyeti H. Msbrris^i Esq. 
Finnegaft Meni^r^n?Earabbw 

©aHrett M DtuBct^fer ■ 
StiaiifordlteseaKite^ 
700Hansen Way 
Palo AltoGA Sfel3&4r 1^1 6 
srte^^reoms§ett@llnhea^ .com 


md sealmg^each^^y^^^^^ first-class pomgc mA dep&siting it in the U.S. mail 

it^Oi^land^ 0iSgeni 

I deelm^ uiidCT^^^ that the foregoing is true and correct. Executed on 

l^p^jE^iiber % 20O2» ^^iPbjilimilj^egon. 



(SIGNATURE) 


(PRINT NAME) 


-9- 


MICROSOFT CORPORATION'S PATENT LOCAL 
RULE 4-l(a) STATEMENT. Case No. C 01-1640 
SBA