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Message: From Transcript -Concession of Dropcam proposal to EDIG (revised construction )
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Oct 21, 2015 07:07PM

Dropcam amended to drop out, to leave out "optical and acoustic sensor data" and opted for this abbreviated construction after all the briefing. So that, obviously, obviated the need for a lot of discussion about the types of sensors that go into making up the -- or the sensor data that goes into the social signature. For the record, we have an objection to their making the late amendment after the joint claim construction statement and the briefing and would argue that essentially they have abandoned their construction, but for the sake of -- THE COURT: This does come up from time to time and I don't think there is a single rule that applies to all instances. But in this case Dropcam is simply removing -- I wouldn't describe their construction for purposes of this hearing as wholly new. Rather, I see them tossing overboard a part of their construction that they now conclude is unlikely to persuade the Court. And that does happen. And so I -- I take this revised construction -- if that is, in fact, their proposal today -- as in the nature of a concession to you. And you can decline the concession if you like, but I'm going to let them proceed on that proposal if they want to. MR. HANDAL: And I appreciate that. But I think it's important just to verbalize it, get it on the record and get the Court's position on it. We're prepared to go forward on the proposed construction that Dropcam has proposed today. We are still of the firm belief that the term "social signature" is simply: "Raw or processed data and/or other information based on sensors." And on Page 1 of the '522 patent -- and for reference, the '522 patent is the parent of the patents that are asserted in this case. The patents all share a virtual identical set of specifications. They all descend from the '522. So on Page 1 the '522 talks about -- THE COURT: Am I correct that all of the raw or processed data in the first portion of this claim term has to originate from sensors? It can't just be from anywhere, right? MR. HANDAL: It could be from anywhere, you're exactly right. THE COURT: No. I said, I don't think it could be from anywhere. MR. HANDAL: Well, I get to the other part, the information aspect of it. THE COURT: Right. MR. HANDAL: Yes. THE COURT: I'm distinguishing between that portion of the claim term and the first portion. Isn't it true that in the first portion all of that data has to originate from sensors? MR. HANDAL: Yes.

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