Filed: Nov. 04, 2014
Latest Update: Nov. 04, 2014
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING PROPOSED CLAIM CONSTRUCTIONS EDWARD M. CHEN, District Judge. WHEREAS, Aylus Networks, Inc. ("Aylus") and Apple Inc. ("Apple") filed their Joint Claim Construction and Prehearing Statement on July 28, 2014. WHEREAS, Aylus filed its Opening Claim Construction Brief on September 11, 2014. WHEREAS, Apple filed its Responsive Claim Construction Brief on September 25, 2014. WHEREAS, Aylus filed its Reply Claim Construction Brief on October, 2, 2014
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING PROPOSED CLAIM CONSTRUCTIONS EDWARD M. CHEN, District Judge. WHEREAS, Aylus Networks, Inc. ("Aylus") and Apple Inc. ("Apple") filed their Joint Claim Construction and Prehearing Statement on July 28, 2014. WHEREAS, Aylus filed its Opening Claim Construction Brief on September 11, 2014. WHEREAS, Apple filed its Responsive Claim Construction Brief on September 25, 2014. WHEREAS, Aylus filed its Reply Claim Construction Brief on October, 2, 2014...
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STIPULATION AND [PROPOSED] ORDER REGARDING PROPOSED CLAIM CONSTRUCTIONS
EDWARD M. CHEN, District Judge.
WHEREAS, Aylus Networks, Inc. ("Aylus") and Apple Inc. ("Apple") filed their Joint Claim Construction and Prehearing Statement on July 28, 2014.
WHEREAS, Aylus filed its Opening Claim Construction Brief on September 11, 2014.
WHEREAS, Apple filed its Responsive Claim Construction Brief on September 25, 2014.
WHEREAS, Aylus filed its Reply Claim Construction Brief on October, 2, 2014.
WHEREAS, Apple filed its Supplemental Claim Construction Brief on October 24, 2014.
WHEREAS, both Apple and Aylus, after meeting and conferring, request that the Court proceed with the Claim Construction hearing (notwithstanding Apple's pending motion to stay) consistent with updated proposed claim constructions.
WHEREAS, both Apple and Aylus now agree upon constructions for the claim terms "wide area network," "remote from the UE," and "resides in the signaling domain."
WHEREAS, Apple has revised its proposed construction regarding the claim term "cooperate with the [network control point/the serving node] CP logic."
WHEREAS, Aylus has revised its proposed construction regarding the claim term "serving node."
WHEREAS, the presentation of the proposed terms at the claim construction hearing will now be as follows:
1. "Negotiate media content delivery between the MS and the MR."
2. "VCR controls"
3. "Cooperate with [network control point/the serving node] CP logic"
4. "Video play controls"
5. "The CP logic . . . serves as a [first/second] proxy"
6. "Handset"
7. "Serving node"
NOW, THEREFORE, IT IS HEREBY STIPULATED AND RESPECTFULLY REQUESTED by the parties that the Court proceed with the Claim Construction hearing (notwithstanding Apple's pending motion to stay) with the following proposed constructions:
Claim Term Plaintiff's Proposed Defendant's Agreed-Upon
Construction Proposed Construction
Construction
Wide area network Plain and ordinary
meaning.
Remote from the UE Plain and ordinary
meaning.
Resides in the signaling The CP logic never
domain receives any media
content. The CP
logic is involved
only in commands
and instructions and
is not in the media
path.
Serving node A node configured to A node configured
establish to establish an IMS
communication with session with the UE.
the UE.
Cooperate with [network Plain and ordinary The CPP logic
control point/the serving meaning. communicates with
node] CP logic at least one of the
Alternative MS and MR and the
construction: Work CP logic
with CP logic to communicates with
coordinate transport of at least the other of
audiovisual content the MS and MR.
from the MS to the
MR.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
The Court hereby agrees to proceed with the Claim Construction hearing with the following proposed constructions:
Claim Term Plaintiff's Proposed Defendant's Agreed-Upon
Construction Proposed Construction
Construction
Wide area network Plain and ordinary
meaning.
Remote from the UE Plain and ordinary
meaning.
Resides in the signaling The CP logic never
domain receives any media
content. The CP
logic is involved
only in commands
and instructions and
is not in the media
path.
Serving node A node configured to A node configured
establish to establish an IMS
communication with session with the UE.
the UE.
Cooperate with [network Plain and ordinary The CPP logic
control point/the serving meaning. communicates with
node] CP logic at least one of the
Alternative MS and MR and the
construction: Work CP logic
with CP logic to communicates with
coordinate transport of at least the other of
audiovisual content the MS and MR.
from the MS to the
MR.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS SO ORDERED.
