Cypress Lake Software, Inc. v. Samsung Elecs. Am., Inc., Case No. 6:18-cv-30-JDK

• Decision Date: 10 May 2019
• Docket Number: Case No. 6:18-cv-30-JDK
• Citation: 382 F.Supp.3d 586
• Parties: CYPRESS LAKE SOFTWARE, INC., Plaintiff, v. SAMSUNG ELECTRONICS AMERICA, INC., Defendant.
• Court: U.S. District Court — Eastern District of Texas

382 F.Supp.3d 586

CYPRESS LAKE SOFTWARE, INC., Plaintiff,
v.
SAMSUNG ELECTRONICS AMERICA, INC., Defendant.

Case No. 6:18-cv-30-JDK

United States District Court, E.D. Texas, Tyler Division.

Signed May 10, 2019

382 F.Supp.3d 592

Michael Scott Fuller, Randall T. Garteiser, Garteiser Honea PLLC, Tyler, TX, for Plaintiffs.

Neil Phillip Sirota, Aaron Hunter Jagoda, Albert John Boardman, Michael Edward Knierim, Paul Amandus Weinand, Robert Lawrence Maier, Baker Botts LLP, New York, NY, Earl Glenn Thames, Jr, Michael E Jones, Patrick Colbert Clutter, IV, Potter Minton, a Professional Corporation, Tyler, TX, Katharine Mary Burke, Baker Botts LLP, Washington, DC, Krista Sue Schwartz, Jones Day, San Francisco, CA, Sanjiv Prakash Laud, Jones Day, Minneapolis, MN, Timothy S Durst, Baker Botts, Dallas, TX, for Defendants

Karl Bayer, Austin, TX, pro se.

Expand/Collapse Construed Terms Construed Terms Go to Markman Construed Terms Index

LEAD CONSOLIDATED CASE

MEMORANDUM OPINION AND ORDER ON CLAIM CONSTRUCTION

JEREMY D. KERNODLE, UNITED STATES DISTRICT JUDGE

On March 14, 2019, the Court held a hearing to determine the proper construction of the disputed claim terms in United States Patent Nos. 8,661,361 ("the '361 Patent"), 9,423,938 ("the '938 Patent"),

382 F.Supp.3d 593

9,423,923 ("the '923 Patent"), 9,841,878 ("the '878 Patent"), 9,823,838 ("the '838 Patent"), 9,870,145 ("the '145 Patent"), 9,423,954 ("the '954 Patent"), 8,781,299 ("the '299 Patent"), 8,983,264 ("the '264 Patent"), 9,871,558 ("the '558 Patent"), and 8,787,731 ("the '731 Patent") (collectively, "the Asserted Patents").¹ The Court has considered the arguments made by the parties at the hearing and in their claim construction briefs. Docket Nos. 105, 108, & 112.² The Court has also considered the intrinsic evidence and made subsidiary factual findings about the extrinsic evidence. See Phillips v. AWH Corp. , 415 F.3d 1303, 1314 (Fed. Cir. 2005) ; Teva Pharm. USA, Inc. v. Sandoz, Inc. , ––– U.S. ––––, 135 S.Ct. 831, 841, ––– L.Ed.2d –––– (2015). The Court issues this Memorandum and Order on Claim Construction in light of these considerations.

TABLE OF CONTENTS

I. BACKGROUND...593

A. The '361, '938, '923, and '878 Patent...593

B. The '299, '264, '731 and '558 Patents...594

C. The '838, '145, and '954 Patent...595

II. APPLICABLE LAW...596

III. LEVEL OF ORDINARY SKILL IN THE ART...599

IV. CONSTRUCTION OF AGREED TERMS...600

V. CONSTRUCTION OF DISPUTED TERMS...603

A. "application" (Group A)...604

B. "...presentation of...a first window associated with the first program component...creation of a second window associated with the second program component" (Group B)...606

C. "more convenient" and "permits a user to conveniently enter" (Group C)...

D. "code for" terms in the '361 Patent (Group E)...608

E. "navigation element handler component" and "navigation director component" (Group M)...621

F. "code for detecting access" terms (Group F)...626

G. "code for indicating" terms (Group G)...631

H. '145 Patent "instructions to" terms (Group H)...640

I. '558 Patent "instructions to" terms (Group I)...645

J. '938 Patent "code configured to" terms (Group J)...653

K. '923 Patent and '878 Patent "device configured to" terms (Group K)...658

L. '838 Patent "processor configured for" terms (Group L)...663

M. "the application window representations are presented before the detection of the first user input" (Group N)...667

N. "first window of the first application" / "application window" (Group O) ...668

VI. CONCLUSION...670

I. BACKGROUND

A. The '361, '938, '923, and '878 Patents

The '361, '938, '923, and '878 Patents share substantially the same specification.

382 F.Supp.3d 594

These patents generally relate to navigating between different applications whose windows are simultaneously displayed on a computer screen. See, e.g. , '361 Patent at 1:38–51. The specification of the '361 Patent states that having multiple applications running and displayed at the same time creates a cluttered screen of overlapping windows. '361 Patent at 1:7–26. Thus, when multiple applications are simultaneously displayed in an overlapping manner, finding the desired application "may require a user to repeat a similar and/or same set of movements over and over." Id. According to the specification, the disclosed embodiments provide a solution to the need "for navigating between visual components." Id. The '938, '923, and '878 Patents claim priority to the '361 Patent.

Claim 17 of the '361 Patent is an exemplary claim and recites the following elements (disputed term in italics):

17. A system for navigating between visual components, the system comprising:

a processor that executes an instruction included in at least one of a presentation space monitor component, an application navigator component, a navigation element handler component , and a navigation director component during operation of the system;

the presentation space monitor component that during operation of the system detects, in a first application region of a presentation space of a display device, a first visual component of a first operating application in a plurality of operating applications ;

the application navigator component that during operation of the system presents a first navigation control, in a first navigation region determined based on the first application region, for navigating to a second visual component, of a second application in the plurality, in a second application region in the presentation space, wherein the first navigation region is determined based on a location of at least one of the first visual component, a parent visual component of the first visual component, and a child visual component of the first visual component;

the navigation element handler component that during operation of the system detects a user input corresponding to the first navigation control ; and

the navigation director component that during operation of the system sends, in response to detecting the user input, navigation information to navigate to the second visual component.

B. The '858, '299, '264, '731 and '558 Patents

The '858, '299, '264, '731, and '558 Patents are all titled "Methods, Systems, and Computer Program Products For Coordinating Playing of Media Streams." These patents share a common specification. The specification states that the disclosed embodiments address a problem that occurs when multiple media streams play simultaneously, thereby creating "interference" and "lead[ing] to an unpleasant listening experience." See, e.g. , '299 Patent at 1:20–43. The specification adds that a need exists for coordinating playing of media streams. Id. To achieve this coordination, the specification discloses "presentation focus," which indicates that a first media player is allowed to play a first media stream, and a second media player is not allowed to play a second media stream. See e.g., id. at 12:60–13:8.

382 F.Supp.3d 595

Claim 1 of the '299 Patent is an exemplary claim and recites the following elements (disputed term in italics):

1. A computer program product embodied on a non-transitory computer readable medium, comprising:

code for working in association with a first presentation device having a touchscreen that is capable of providing access to a plurality of applications including a first media player and a second media player in an execution environment, the first presentation device capable of communication with a second presentation device including a display via a wireless local area network on which the first presentation device resides, where execution environment presentation focus information is accessible for identifying whether at least one of the first presentation device or the second presentation device is to be utilized for presentation in connection with the applications;

code for detecting access to the first media player to play a first media stream that includes video ;

code for indicating , if the first presentation device is to be utilized for presentation based on the execution environment presentation focus information, that the first media player is allowed to play the first media stream via the first presentation device ;

code for indicating , if the second presentation device is to be utilized for presentation based on the execution environment presentation focus information, that the first media player is allowed to play the first media stream via the second presentation device ;

code for indicating , if both the first presentation device and the second presentation device are to be utilized for presentation based on the execution environment presentation focus information, that the first media player is allowed to play the first media stream via both the first presentation device and the second presentation device ;

...