`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`FastVDO LLC,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`
`
`
`C.A. No. 11-797-RGA
`
`
`Apple Inc., et al.,
`
`
`
`
`
`Defendants.
`
`
`
`
`
`JOINT CLAIM CONSTRUCTION CHART
`
`Pursuant to paragraph 7 of the Court’s May 15, 2012 Order (D.I. 139), and the Court’s
`
`Orders of November 19, 2012 and November 26, 2012 extending the deadline for submission of
`
`the Joint Claim Construction Chart, plaintiff FastVDO LLC (“FastVDO”), and defendants1
`
`Fujifilm North America Corporation, and Toshiba America Information Systems, Inc.
`
`(collectively “Defendants”) submit their Joint Claim Construction Chart setting forth the
`
`disputed claim terms and/or phrases in U.S. Patent No. RE 40,081 (the “’081 Patent”). The Joint
`
`Claim Construction Chart also includes each party’s proposed construction of the disputed claim
`
`language with citation to the intrinsic evidence in support of their respective proposed
`
`constructions. The parties reserve their rights to amend and/or supplement the attached Joint
`
`Claim Construction Chart with additional intrinsic evidence in their claim construction briefs.
`
`A copy of the Joint Claim Construction Chart (“Joint Chart”) is attached as Exhibit A,
`
`and a copy of the ‘081 Patent is attached as Exhibit B. Additional portions of the intrinsic record
`
`are attached as Exhibit C through I.
`
`
`1 DXG Technology USA Inc. (“DXG”) did not participate in this filing. Counsel for DXG has
`been advised that DXG has ceased all business operations, and will not be maintaining its
`defense of this litigation..
`
`
`
`1
`
`
`
`Case 1:11-cv-00797-RGA Document 200 Filed 11/28/12 Page 2 of 4 PageID #: 1146
`
` Exhibit C is the July 29, 2003 Reissue Patent Application for the ‘081 Patent
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`(Application No. 10/629,303) (“the ‘303 Application”);
`
`
`
` Exhibit D is a document titled “Supplemental Preliminary Amendment,” dated
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`September 8, 2003, filed during prosecution of the ‘303 Application;
`
` Exhibit E is the Examiner’s Search Strategy and Results, dated August 26, 2006,
`
`from the file history of the ‘303 Application;
`
` Exhibit F is a document titled “Reissue Application Declaration By The
`
`Inventor,” dated January 8, 2007, from the file history of the ‘303 Application;
`
` Exhibit G is a document titled “Response to Office Action Dated 10/20/00,” dated
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`January 31, 2001, filed during prosecution of U.S. Patent Application No.
`
`09/212,210 (“the ‘210 Application”). The ‘210 Application was allowed as U.S.
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`Patent No. 6,421,464 (“the ‘464 Patent”). The ‘464 Patent was subsequent
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`reissued as the ‘081 Patent.
`
` Exhibit H is a document titled “Interview Summary,” dated May 29, 2001, from
`
`the file history of the ‘210 Application.
`
` Exhibit I is a document titled “Response to Office Action Dated February 27,
`
`2001,” dated June 6, 2001, filed during prosecution of the ‘210 Application.
`
`
`
`
`
`2
`
`
`
`Case 1:11-cv-00797-RGA Document 200 Filed 11/28/12 Page 3 of 4 PageID #: 1147
`
`Respectfully submitted,
`
`ASHBY & GEDDES
`
` /s/ John G. Day
`John G. Day (#2403)
`jday@ashby-geddes.com
`Tiffany Geyer Lydon (#3950)
`tlydon@ashby-geddes.com
`Andrew C. Mayo (#5207)
`amayo@ashby-geddes.com
`Ashby & Geddes
`500 Delaware Avenue, 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`
`Sten Jensen
`sjensen@orrick.com
`Steven J. Routh
`srouth@orrick.com
`T. Vann Pearce Jr.
`vpearce@orrick.com
`Orrick, Herrington & Sutcliffe LLP
`Columbia Center
`1152 15th Street N.W.
`
`
`
`Attorneys for Defendant
`Fujifilm North America Corporation
`
`
`
`3
`
`Dated: November 28, 2012
`
`FARNAN LLP
`
` /s/ Brian E. Farnan
`Joseph J. Farnan, Jr. (#100245)
`farnan@farnanlaw.com
`Brian E. Farnan (#4089)
`bfarnan@farnanlaw.com
`Farnan LLP
`919 North Market Street. 12th Floor
`Wilmington, DE 19801
`(302) 777-0321
`
`Of Counsel:
`Marc A. Fenster
`mfenster@raklaw.com
`Alexander C.D. Giza
`agiza@raklaw.com
`Kevin P. Burke
`kburke@raklaw.com
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025-1031
`(310) 826-7474
`
`Attorneys for Plaintiff
`FastVDO LLC
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNEL
`LLP
`
` /s/ Thomas C. Grimm
`Thomas C. Grimm (#1098)
`tgrimm@mnat.com
`Morris, Nichols, Arsht & Tunnell LLP
`1201 N. Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`
`Michael J. Shea
`mjs@nixonvan.com
`Jeffrey H. Nelson
`jhn@nixonvan.com
`Jonathon T. Reavill
`jtr@nixonvan.com
`
`
`
`
`
`Case 1:11-cv-00797-RGA Document 200 Filed 11/28/12 Page 4 of 4 PageID #: 1148
`
`Nixon Vanderhye, P.C.
`901 N. Glebe Road, Suite 1100
`Arlington, VA 22203
`
`
`
`
`
`Attorneys for Defendant
`Toshiba America Information Systems, Inc.
`
`
`
`4
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