the specification refer to
client software that "retrieves the URLs, interprets these URLs and
direct[s] the JAVA enabled browser to retrieve the relevant Web page."
Accordingly, the Court concludes that, in accordance with the function of
the patented invention, "interpreting" refers to any kind of analyzing
and translating utilized to enable the browser to effectively retrieve
the relevant Web page.
9. "web browser" (`181 patent, claim 1; `768, claims 1 and 19)
Given the Court's previous conclusion that "Web" refers to World Wide
Web, it follows that "web browser" refers to a software application that
can be used to locate and display Web pages in human-readable form.*fn2
See, e.g., Def. Ex. 13, Microsoft Cumputer Dictionary (3d ed. 1997)
(defininq "Web browser" as a client application that enables a user to
view HTML documents on the World Wide Web); Webopedia,
http://www.webopedia.com/TERM/b/browser.html (defining "browser" as "a
software application used to locate and display Web pages.").*fn3
In addition to the foregoing nine terms appearing in claim 1 of the
`181 patent (as well as elsewhere), the Court, as set forth in prior
orders, concludes that four other disputed terms that appear in certain
other claims needed to be defined, as follows:
10. "member broadcaster" (`768 patent, claims 1 and 3)
Taken in context, and with reference to the function of the
patents to synchronize web pages with television and/or video
programming, the specification makes clear that "member broadcaster"
refers to any of a plurality of distinguishable television broadcast
organizations authorized to access a member account so as to synchronize
the sending out of URLs with associated television programs. See `768
patent, col. 3, 11. 45-65. The Court is unconvinced by plaintiffs'
contention that just because users of the patented system are sometimes
referred to as "members," "member broadcaster" somehow refers to any and
all users who are in any way broadcasters. See tr. Oct. 5, 2001, at
11. receiver (`768 patent, claim 19)
Claim 19 of patent 768 claims "a receiver, for receiving a video signal
and the playlist . . . ." As with the term "programming," supra, there is
no need to read the conjunction "and" to require that the playlist must
be integrated with the video signal. Since, rather, the specification
describes a playlist being sent to students' desktops during playback of
a pre-recorded program, see `768 patent, col. 10, 11. 47-49, it is clear
that the playlist and video signal need not be integrated. Thus,
"receiver" here means a device that can receive video signals and
playlists either together or independently.
12. "server" (`768 patent, claim 19)
The term "server," as understood by one of ordinary skill in the art,
normally refers to a computer that manages
network resources. See Def.
Ex. 12, Webopedia, http://www.webopedia.com/TERM/s/server/html. Nothing
in either the claim language or the patent specification indicates that
any alternative meaning is here sought to be conveyed.
13. "service Web site" (`664 patent, claim 3)
The term "service web site," like the term "member broadcaster," refers
back to the site described in the `664 patent specification through which
certain specified users, namely the broadcasters, are provided member
accounts and authorized to enter information that will allow them to
synchronize the transmission of URLs to particular television audiences.
See `664 patent, col. 3, 11. 42-49, col. 5, 11. 48-64.
The claim constructions that result from the foregoing definitions will
be further elaborated and relied upon in the Court's forthcoming decision
on the parties' cross-motions for summary judgment.