Microsoft's Statement of Reservations
Microsoft provides its attached claim construction for each of the 12 "Mini-
Markman" claims, subject to the limitations and reservations of rights set forth herein.
Claim Invalidity: Microsoft does not waive any defenses that the asserted claims
fail to satisfy the provisions of 35 U.S.C. § 1 12, including, for example, the written
description requirement, the definiteness requirement, or any other requirement for
patentability. Microsoft does not concede that the asserted claims are supported by
Plaintiffs original "big book" application or any application from which they purportedly
claim priority. By offering a construction of a term, Microsoft does not waive any
defense that the claim is indefinite and there can be no proper construction.
Continuing Discovery: Microsoft reserves the right to modify its claim
constructions in light of ongoing claim construction discovery. Microsoft reserves the
right to modify or supplement its cited extrinsic evidence in light of information which is
provided in continuing claim construction discovery, or information which has already
been provided but too recently, or in too high a volume, or in other manner inhibiting its
full review, such as InterTrust's re-production of over 1,000,000 pages on November 4,
Intrinsic Evidence: For the purposes of submission of this claim construction
only, Microsoft treats the "intrinsic" evidence as including: 1) the specifications of each
of the seven U.S. patents at issue in the "Mini- Markman " proceeding, including any
material purportedly incorporated by reference therein; 2) the prosecution history of each
of the seven patents at issue, including the applications and prosecution history of the
seven patents and any related patent applications, including without limitation,
applications purportedly incorporated by reference or to which an application claimed
priority; and 3) all references cited in the prosecution of any such applications.
Microsoft does so without waiving the right to contest whether some of this information
is or is not properly part of the intrinsic evidence.