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KEKER & VAN NEST, LLP 
JOHN W. KEKER -#49092 
MICHAEL H. PAGE - #154913 
710 Sansome Street 
San Francisco, CA 941 1 1-1704 
Telephone: (415)391-5400 
Facsimile: (415)397-7188 

INTERTRUST TECHNOLOGIES CORPORATION 

DOUGLAS K. DERWIN - #1 1 1 407 

JEFFERY J. McDOW - #1 84727 

4800 Patrick Henry Drive 

Santa Clara, CA 95054 

Telephone: (408)855-0100 

Facsimile: (408) 855-0144 

PENNIE & EDMONDS LLP 
MICHAEL J. LYONS - #202284 
300 Hillview Avenue 
Palo Alto, CA 94304 
Telephone: (650) 493-4935 
Facsimile: (650) 493-5556 

Attorneys for Plaintiff and Counter-Defendant 
INTERTRUST TECHNOLOGIES CORPORATION 


UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 


INTERTRUST TECHNOLOGIES 
CORPORATION, a Delaware corporation, 

Plaintiff, 

v. 

MICROSOFT CORPORATION, a 
Washington corporation, 

Defendant. 

AND COUNTER ACTION. 


Case No. C 01-1640 SBA (MET) 

Consolidated with C 02-0647 SBA 

INTERTRUST'S DISCLOSURES OF 
ASSERTED CLAIMS AND 
PRELIMINARY INFRINGEMENT 
CONTENTIONS PURSUANT TO 
PATENT LOCAL RULES 3-1 and 3-2 


('683, '193, '861, '721, '891, '900, '912, '019, 
'876, '181, and '402 Patents) 


PATENT INITIAL DISCLOSURES, '683, '193, '861, '721, '891, '900, *912, '019, '876, '181, and '402 PATENTS 
CASE NO C 01-1 eo * ^V c 1^ rvYMO/-\T m«Trn uiitu r en t\fAi rn a ■ — ^— 


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317954.01 


Pursuant to the Court's August 8, 2003 Order, Plaintiff InterTrust Technologies 

Corporation ("InterTrust") hereby submits its Disclosures of Asserted Claims and Preliminary 

Infringement Contentions under Patent Local Rules 3-1 and 3-2 ("PLR 3-1 & 3-2 Disclosures") 

to Defendant Microsoft Corporation ("Microsoft"). These PLR 3-1 & 3-2 Disclosures supercede 

all previous PLR 3-1 and PLR 3-2 disclosures served by InterTrust in this case. 

Patent Local Rule 3-1 : Disclosure of Asserted Claims and Preliminary 
Infringement Contentions 

(a) Asserted claims 

InterTrust currently contends that the Microsoft products identified herein infringe the 
claims of U.S. Patents Nos. 6,185,683 Bl ("the '683 patent"); 6,253,193 Bl ("the 4 193 patent"); 
5,920,861 ("the '861 patent"); 6,157,721 ("the '721 patent"); 5,982,891 ("the '891 patent"); 
5,892,900 ("the '900 patent"); 5,917,912 ("the '912 patent"); 5,915,019 ("the '019 patent"); 
5,949,876 ("the '876 patent"); 6,1 12,181 ("the '181 patent"); and 6,389,402 Bl ("the '402 
patent"), as identified in the attached claim charts. As discovery progresses, InterTrust may 
determine that additional Microsoft products infringe the asserted patents and/or that Microsoft 
infringes additional patent claims. InterTrust reserves the right to supplement and/or amend its 
disclosures and infringement contentions, 
(b) Accused products 


InterTrust contends that various Microsoft products infringe the patent claims identified 
in the claim charts attached hereto. Accused products are listed in Exhibit A hereto. Accused 
products are listed in Exhibit A hereto, which is intended to encompass past, present, and future 
product versions that include the accused features and/or functionality, 
(c) Claim charts 

InterTrust submits the attached claim charts based solely on information available to it to 
date. Discovery is ongoing, and additional information is likely to be produced during 

discover}/. InterTrust therefore reserves the right to supplement and/or amend its infringement 
assertions as discovery proceeds. 


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PATENT INITIAL DISCLOSURES, '683, '193, '861, '721, '891, '900, '912. '019, '876. M81, ahd '402 PATENTS 

rac-\n r (i 1 .■ w ■ — > ^< 


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InterTrust contends that Microsoft infringes at least the claims of the '683, '193, '861, 
'721, '891, '900, '912, '019, '876, '181, and '402 patents identified in the claim charts attached 
hereto as Exhibits B and C: 1 

(d) Literal infringement and the doctrine of equivalents 

InterTrust contends that Microsoft infringes the claims of the '683, '193, '861, '721, 
891, '900, '912, '019, '876, '181, and '402 patents as specified in Exhibits B and C both 
iterally and under the doctrine of equivalents. 

(e) Priority from earlier applications 

InterTrust claims priority for the claims of the '891, '912, '683, '193, '019, '876, and 
402 patents-in-suit dating to application No. 08/388,107, filed February 13, 1995, InterTrust 
claims priority for the claims of the '900 patent-in-suit dating to application No. 08/695,927, 
lied August 12, 1996. InterTrust does not claim priority for the claims of the '721, '861, and 
181 patents-in-suit dating to any earlier application. 

(f) Reliance on Inter Trust's own products 

InterTrust does not currently intend to rely on the assertion that its own Commerce and 
lights System products practice at least some of the claimed inventions of the '683, '193, '861, 
721, '891, '900, '912, '019, '876, '181, and '402 patents-in-suit to support its infringement 
issertions against Microsoft. 

'atent Local Rule 3-2: Document Production Accompanying Disclosure 
(a) Documents re disclosure and/or offer of sale 

InterTrust is not currently aware of such documents other than the documents that have 
>reviously been produced. See 1T0001 7664-19168, 1.T00020866-21 695, IT00021 700-23578, 


Exhibit B contains claim charts based upon publicly available or non-confidential sources, 
ixhibit C contains additional claim charts referencing material designated as "Attorneys' Eyes 
)nly" by Microsoft, and is served under separate caption. No other information contained in 
hese disclosures is designated confidential by either party, and InterTrust does not object to 
lissemination of this document, other than Exhibit C, to persons not permitted to view 
;onfidential information in this case. For ease of reference, the claim charts attached hereto 
nclude all claims previously disclosed by InterTrust, as well as new claims, 
^umbering/letienng/bolding has been added to the lexi oi each claim for convenience only, and 
s not intended to alter, expand, or interpret the meaning of those claims. In instances where 
nfringernent claims are illustrated by quotation or reference to Microsoft documents, those 


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INITIAL DISCLOSURES, '683, '193, '861, '721, '891, '900, '912, '019, '876, '181, arid '402 PAT ENTS 

CASE NO nni.lWnSBA l\AVU <-mQgr>7 Tr> « t^t-, «htu rjumaxaj — — 


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IT00038608-43419. 

(b) Documents re conception, reduction to practice, and/or design/development 

InterTrust has produced nonprivileged documents concerning the conception, design, 
development, and reduction to practice of the inventions disclosed in the patents-in-suit. See, 
e. g „ IT00000005-17261, IT00036207-38606, IT0004 1497-549. In addition, InterTrust has 
produced voluminous archives of source code created in the course of its business, some of 
which may constitute additional evidence of the conception, design, development, and reduction 
to practice of its patented inventions. InterTrust is not currently aware of any other such 
nonprivileged documents in its possession or control other than said source code and the source 
code and documents that have been produced. 

(c) Prosecution history of patents-in-suit 

The prosecution histories of the patents-in-suit have previously been produced. See, e^, 
IT00062350-67643, IT00070342-72434, FH001 07455 - 107731, FH001 13539-118857, 
FH1 18866-121322. 

Dated: September 2003 KEKER & VAN NEST, LI 




micmm:h.pa( 

Attorneys for Plaintiiif/and Counter-Defendant 
INTERTRUST TECHNOLOGIES 
CORPORATION 


references are intended to be exemplary only, and not limiting. 


PATENT INITIAL DISCLOSURES, '683, '193, '861, '721, '891, '900, '912/019, ;876 P ATENTS 
r raS^NO C 01 ' a fV c T> r~ncKicr\i mATtn WITH P fP (\M"J PTU —