Planet Bingo, LLC v. VKGS, LLC, No. 1:2012cv00219 - Document 59 (W.D. Mich. 2013)
Court Description: OPINION ; signed by Judge Robert Holmes Bell (Attachments: # 1 Appendix)(Judge Robert Holmes Bell, kcb)
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APPENDIX A Patent Term or Claim Element '646 Claims 1, 2, 3, 7, 8, 9, 13, 15, 18, 21, 26, 27; '045 Claims computer 1, 2, 3, 4, 5, 7, 10, 11, 14, 15, 16, 17, 19, 20, 25 646 Claims 13, "programmable 19; 045 Claim computer" 23 646 Claims 1, 2, 7, 8, 2, 7, 8, 26; 045 045 "program" Claims 2, 7, 11, 19 045 Claims 1, 5, 6, 10, 15, 17, "computer program" 18 VKGS Proposed Interpretation PB Proposed Interpretation Court Construction Ordinary and plain meaning . However, if Ordinary and plain meaning ; "One the Court wishes to construe the term, it should be construed as a programmable that stores, retrieves, and electronic device that can store, retrieve, processes data" and process data. ORDINARY MEANING NOT CONSTRUED Ordinary and plain meaning ; "A trained person or a machine specially adapted to store, retrieve, and process data." Ordinary and plain meanin g. However, if the Court wishes to construe the term, it should be construed as a programmable electronic device that can store, retrieve, and process data. ORDINARY MEANING NOT CONSTRUED A plan to accomplish a goal or a sequence of coded instructions Series of instructions to be executed by a Series computer." ORDINARY MEANING NOT CONSTRUED A plan to accomplish a goal or a sequence of coded instructions Series of instructions to be executed by a computer." ORDINARY MEANING NOT CONSTRUED storage of (or storing ) Recording all of the sets of 646 Claims 1, the sets of Bingo numbers numbers preselected by the 7, 13, 19; 045 which are preselected by player as a group in a tangible Claims 1, 5, 10, a player as a group" AND format 17, 23 VARIANTS Placement and retention (or placing and retaining) in a computer readable medium ORDINARY MEANING NOT CONSTRUED as a group of the sets of Bingo numbers which are previously selected by a player." 1 APPENDIX A "Assignment . . . of (or 646 Claims 1, assigning ) a player 7, 13, 19; '045 identifier unique to the 1, 5, 10, 17, 23 player AND VARIANTS Fixing or specifying in The automatic designation (or designating) ORDINARY MEANING NOT correspondence or relationship a by a computer program of a player CONSTRUED means of establishing the identify identifier of the player ¦" 646 Claims 13, "assigning a control 19 identifier ¦" Fixing or specifying in correspondence or relationship a The automatic designation (or designating) ORDINARY MEANING NOT means of establishing the identify by a computer program of a control CONSTRUED identifier of the sets of Bingo numbers selected by the player 646 Claims 1, The act of establishing the truth, The determination that a set of Bingo 6, 7, 12; 045 verification of a/the ORDINARY MEANING NOT accuracy, or reality of an asserted numbers is a/the winning set of Bingo Claims 1, 5, 10, winning set of Bingo CONSTRUCTED numbers by use of the computer program." 14, 17, 18, 22, numbers" AND VARIANTS Bingo winner." 23 Ordinary and plain meaning . Otherwise "computerized automated system for managing a game of Bingo by stroing player ORDINARY MEANING NOT preselected Bingo numbers to enable a CONSTRUED player to play the Bingo numbers in a Bingo game while allowing for computer tracking of the Bingo numbers which are played." 646 Claims 1, system for managing a system 7 ; 045 Claims game of Bingo" 1, 10 Ordinary and plain meanin g; "A way of organizing players and game operators to manage a Bingo" at least two sets (or 646 Claims 1, preselected sets ) of 7, 13, 19; 045 Bingo numbers which Claims 1, 5, 10, are "preselected by a 17, 23 player" Ordinary and plain meaning ; "At Ordinary and plain meaning . Otherwise least 2 sets of numbers for use in "two or more sets of Bingo numbers Bingo that are selected by the previously selected by a player." player" ORDINARY MEANING NOT CONSTRUED Retrieval from a computer readable Calling to mind or recovering 646 Claims 1, 7, 13, 19; 045 "retrieval of"; "retrieving" from storage all of the preselected medium of the group of preselected sets of ORDINARY MEANING NOT CONSTRUED Bingo numbers through the use of the AND VARIANTS sets of Bingo numbers in the Claims 1, 5, group using the player identifier." player identifier." 10, 17, 23 2 APPENDIX A 646 Claims 1, 7; '045 Claims "selection . . . " 1, 5, 10, 17, 23 Ordinary and plain meaning ; Ordinary and plain meaning ; "the choice "Selecting from the tangible from the group by the player of at least one ORDINARY MEANING NOT record at least one of the CONSTRUED of the sets of Bingo numbers previously preselected sets of Bingo numbers selected by the player" in the group" a number of sets of Ordinary and plain meaning ; The Bingo numbers selected number of sets of Bingo numbers Ordinary and plain meaning ; "a number of for play in the selected sets of Bingo numbers chosen for play in a ORDINARY MEANING NOT selected is less than all of the 646 Claims 1, game of Bingo is less than preselected sets of Bingo numbers game of Bingo is less than the total number CONSTRUED 7, 13, 19 a total number of sets of in the group available for possible of sets of Bingo numbers in the group" Bingo numbers in the use. group. 646 Claims 1, receipt ; printed 7, 14, 18, 20; receipt ; output (or 045 Claims 1, outputting ) of a receipt 5, 10, 17, 24, 28 Ordinary and plain meanin g; "A writing acknowledging the details of a financial transaction." AND The result of creating a writing acknowledging the details of a financial transaction." 646 Claim 13 Ordinary and plain meaning ; A means of assimilating information Ordinary and plain meaning ; "entering into ORDINARY MEANING NOT CONSTRUED of an event through the mind or or transmitting to the computer" senses." "receiving" 646 Claims 3, "player inputs the set(s) 9; '045 Claims of Bingo numbers" 3, 12, 20 Ordinary and plain meaning ; "a visual representation of information related to a player's purchase of numbers for play in a game of Bingo" ORDINARY MEANING NOT CONSTRUED Ordinary and plain meaning ; The act of a human being feeding the selected sets of Bingo numbers to Ordinary and plain meaning ; "player enters ORDINARY MEANING NOT the Bingo operator as part of a the set(s) of Bingo numbers" CONSTRUED data processing system or feeding the selected sets of Bingo numbers into a computer." 3 APPENDIX A Ordinary and plain meaning; A Ordinary and plain meaning ; "a device or means for entering and outputting combination of devices that allows for the data." input and output of data into a computer" ORDINARY MEANING NOT CONSTRUED Ordinary and plain meaning ; "The act of a human being engaging in Ordinary and plain meaning ; "active "playing a game of Bingo" the process of tracking the called participation of a player during a game of Bingo numbers and comparing and VARIATIONS Bingo" them to the sets of Bingo numbers selected for play" ORDINARY MEANING NOT CONSTRUED 646 Claims 1, "input and output 5, 7. 11 terminal" 646 Claim 7; '045 Claim 5, 17 Ordinary and plain meaning ; "The Ordinary and plain meaning ; "the computer process of examining an asserted program performed determination of similarities or differences between a set of ORDINARY MEANING NOT 646 Claim 17; "compared to the winning Bingo winner to discover resemblances or differences in the numbers called during a game of Bingo with CONSTRUED '045 Claim 27 numbers" called set and the selected set of the set or sets of numbers played by a player who called 'Bingo' during the game" numbers" Removing written marks or deleting a means of establishing the identity of the sets of Bingo numbers selected by the player." The control identifier is deleted. ORDINARY MEANING NOT CONSTRUED 646 Claims 16, A movable means for entering 22, 26, 27; 045 portable terminal ; Claims 4, 15, portable Bingo terminal and outputting data." 16, 26 A computer physically configured to be easily carried by an individual used in conjunction with the playing of a Bingo game." ORDINARY MEANING NOT CONSTRUED A tangible thing upon which information can be stored that can be read by a computer. A storage device for use by a computer, such as a memory of a computer or a database. ORDINARY MEANING NOT CONSTRUED 646 Claim 23 control identifier . . . is erased 646 Claims 13, "computer readable 19, 23 medium 4 APPENDIX A 646 Claims 13, "storing" the control 19; 045 Claim identifier 23 Recording the control number in Placing and retaining the control identifier ORDINARY MEANING NOT a tangible format." in a computer readable medium. CONSTRUED 646 Claims 13, display is received ; 16, 22; 045 displaying Claim 26 Ordinary and plain meaning ; "The act of putting an item before the view of an observer such that the observe may assimilate information of an event through the mind or senses" 646 Claims 1, "computer identification A number establishing the 7, 18; '045 number" identity of a computer." Claim 28 Ordinary and plain meanin g; "a visual presentation of the set of Bingo numbers to ORDINARY MEANING NOT be played in the game of Bingo, along with CONSTRUED the control identifier, is received" A number identifying the computer which ORDINARY MEANING NOT sold one or more sets of Bingo numbers to a CONSTRUED player." 646 Claims 1, 7, 13, 19; '045 "player identifier" Claims 1, 5, 10, 17, 23 The fixing or specifying in correspondence or relationship a means of establishing the identify A computer generated designation unique A designation unique to a of the player with the group of to a player." player. sets of Bingo numbers selected by the player, such as a user name and password. 646 Claims 1, 2, 6, 7, 8, 12, 13, 14, 17, 18, 19, "control number"; 23; '045 Claims "control identifier" AND 1, 5, 7, 10, 11, VARIANTS 14, 23, 24, 27, 28 A means of establishing the identity of the set of Bingo numbers selected for play A number that is unique A computer generated number that is to each set of Bingo unique to each set of Bingo numbers numbers selected by the selected by the player for play in a game of player for play in a game Bingo." of Bingo." 5 APPENDIX A 646 Claims 15, 21; 045 Claims "validation number" 1,2, 25 A number assigned to recognize, A computer generated number unique to A number assigned to a establish or illustrate the each sale of one or more sets of Bingo set of Bingo numbers worthiness or legitimacy of the numbers." selected by a player. alleged winning sets of Bingo numbers selected by the player." 646 Claim 1 The comparing by the computer of the set of numbers called during a game of Bingo with the set or sets of numbers played by a The displaying or The result of displaying a player who called Bingo during the game, production of an item for transaction for use in establishing followed by the providing by the computer establishing truth, the truth, accuracy, or reality of of an indication of whether the set of accuracy, or reality. an asserted Bingo winner." numbers called during the game is the same or different from the set or sets of numbers played by the player. output for verification 646 Claims 6, "output of the/a 12; 045 Claim verification" 14, 22 The comparing by the computer of the set The of numbers called during a game of Bingo with the set or sets of numbers played by a The displaying or The result of displaying a player who called Bingo during the game, production of an item for transaction for use in establishing followed by the providing by the computer the purpose of the truth, accuracy, or reality of establishing truth, of an indication of whether the set of an asserted Bingo winner." numbers called during the game is the same accuracy, or reality. or different from the set or sets of numbers played by the player. 6 APPENDIX A 646 Claim 26; "selective retrieval" '045 Claim 15 Ordinary and plain meaning. Otherwise, "the choosing by the player from computer INVALID under 35 U.S.C. § memory of one or more sets of Bingo 112(b) numbers from the sets of Bingo numbers preselected by the player." INSOLUBLY AMBIGUOUS 7
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