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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 
MenloPark,CA 94025 
Telephone: (650) 6 1 4-7400 
Facsimile: (650) 614-7401 

JOHN W. KEKER (State Bar No. 49092) 

MICHAEL H. PAGE (State Bar No. 1 549 1 3) 

KEKER & VAN NEST, LLP 

710 Sansome Street 

San Francisco, CA 941 1 l-i704 

Telephone: (415)391-5400 

Facsimile: (415)397-7188 

Additional Counsel Listed at Signature Block 


UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
OAKLAND DIVISION 


INTERTRUST TECHNOLOGIES 
CORPORATION, a Delaware corporation, 

Plaintiff, 

v. 

MICROSOFT CORPORATION, a 
Washington corporation, 

Defendant. 


Case No. C 01-1640 SB A (MJE) 

PATENT LOCAL RULE 4-3 JOINT 
CLAIM CONSTRUCTION AND 
PREHEARING STATEMENT 
REVISED IN ACCORDANCE WITH 
THE SCOPE OF "Mtm-MARKMAN" 
HEARING SET FORTH IN THE 
COURT'S ORDER ENTERED 2/24/03 


MICROSOFT CORPORATION, a 
Washington corporation, 

Counterclaimant, 

v. 

INTERTRUST TECHNOLOGIES 
CORPORATION, a Delaware corporation, 

Counter Claim-Defendant. 


DOCSSV 1:224822.1 


PATENT LOCAL RULE 4-3 JOINT CLAIM 
CONSTRUCTION AND PREHEARING 
STATEMENT, Case No. C 01-1640 SBA (MEJ) 


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In accordance with the Court's Order entered February 24, 2003 and Patent Local 
Rule 4-3, Plaintiff and Counter-Defendant InterTrust Technologies ("InterTrust") and Defendant 
and Counter-Claimant Microsoft Corporation ("Microsoft") submit the following revised Joint 
Claim Construction and Prehearing Statement. Pursuant to that Order, the parties have limited 
their disputes for purposes of the u Mim-Markman" proceeding, to 30 disputed terms and phrases, 
as identified in alphabetical order in Exhibit B and highlighted in copies of the claims in Exhibit 
H, hereto. 

Submission of "Intrinsic" Evidence 

To avoid unnecessary duplication, the parties will submit, prior to the submission 
of the final briefs in the "M\m-Markman" proceeding (including briefing addressing 
indefmiteness), a Joint Declaration presenting the Intrinsic evidence (including patents, file 
histories and cited references). The parties agree that in briefs submitted in the "Mim-Markman" 
proceeding, a party may cite to evidence that ultimately will be submitted by the parties in such 
Joint Declaration and need not append such evidence to a declaration in support of a brief. This 
agreement does not limit either party from submitting any evidence with a declaration 
accompanying any brief. 

RULE 4-3(a): Agreed Construction 

• Attached hereto as Exhibit I is a list of claim constructions upon which the parties agree. 
To the extent that agreed constructions refer to disputed terms that are not among the 30 
terms in the "Mmi-Markman" proceeding, such terms are set forth in quotations. 

RULE 4-3(b): Disputed Claim Construction Presentation 

• Attached hereto as Exhibit A is a list of disputed claim terms set forth in claim order, 
together with the parties' proposed constructions. 

• Attached hereto as Exhibit B is a list of the 30 disputed claim terms in alphabetical order, 
together with the parties' proposed constructions. 

• Attached hereto as Exhibit C is InterTrust' s identification of intrinsic and extrinsic 
evidence supporting its proposed construction for each of the 30 disputed terms and 
phrases. 

PATENT LOCAL RULE 4-3 JOINT CLAIM 
DOCSSV1 -224822 1 - 1 - CONSTRUCTION AND PREHEARING 

STATEMENT, Case No. C 01-1640 SB A (ME J) 


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• Attached hereto as Exhibit D is Microsoft's identification of intrinsic and extrinsic 
evidence supporting its proposed construction for each of the 30 disputed terms and 
phrases. 

• Attached hereto as Exhibit E is a Microsoft statement of reservations. 

• Attached hereto as Exhibit H is the text of the 12 claims at issue, with holding identifying 
the terms and phrases in dispute for the purposes of the "Mini-Markman" proceeding. 

RULE 4-3 (c): Claim Construction Hearing Length 
The claim construction schedule is set forth in the Court's Order entered February 

24, 2003. 

RULE 4-3(d): Witness Testimony 

The parties have agreed to present witness testimony through declarations filed in 
support of the briefs. There also shall be tutorial presentations, per the Court's Order of February 
24, 2003. 

• Attached hereto as Exhibit F is a summary of expert testimony to be presented by 
InterTrust. 

• Attached hereto as Exhibit G is a summary of expert testimony to be presented by 
Microsoft. 

RULE 4-3(e): Pre-Hearing Conference Issues 

The parties addressed pre-hearing matters at the Case Management Conference 
hearing on February 13, 2003. No pre-hearing conference is currently scheduled or requested. 

Dated- March 1 4, 2003 INTERTRUST TECHNOLOGIES 

CORPORATION 
MARK SCADINA - #173103 
JEFF MCDOW - #184727 
4800 Patrick Henry Drive 
Santa Clara, CA 95054 
Telephone: (408)855-0100 
Facsimile: (408)855-0144 



DOCSSVl -.224822.1 


PATENT LOCAL RULE 4-3 JOINT CLAIM 
- 2 - CONSTRUCTION AND PREHEARING 

STATEMENT, Case No. C 01-1640 SB A (MEJ) 


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m 


m 


KEKER & VAN NEST, LLP 
MICHAEL H.PAGE 


DERWIN & SIEGEL 
DOUGLAS K. DERWIN - #1 1 1407 
3280 Alpine Road 
Portola Valley, CA 94028 
Telephone: (650) 529-8700 
Facsimile: (650) 529-8799 

Attorneys for Plaintiff and Counter-Defendant 
INTERTRUST TECHNOLOGIES 
CORPORATION 


HEIDI L. KEEFE 

MARK R. WEFNSTEIN 

ORRICK, HERRINGTON & SUTCLUTE LLP 


KLARQUIST SPARKMAN, LLP 
One World Trade Center 
121 S.W. Salmon, Suite 1600 
Portland, OR 97204 
Telephone: (503) 226-7391 
Facsimile: (503) 228-9446 

Attorneys for Microsoft Corporation 


Dated: March 14, 2003 


WILLIAM L. ANTHONY 


By: 



DOCSSVl:224822.1 


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P ATENT LOCAL RULE 4-3 JOINT CLAIM 
CONSTRUCTION AND PREHEARING 
STATEMENT, Case No. C 01-1640 SB A (MEJ)