Exhibit A Preliminary Claim Constructions and Extrinsic Evidence

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1 Jointly Proposed Claim Construction Terms Exhibit A Preliminary Claim Constructions and Extrinsic Evidence Claim Term Proposed Construction(s) Extrinsic Evidence 1. fast-path processing / slow-path processing Fast-path: the protocol stack of the host computer performs little or no network layer or transport layer processing Slow-path: No construction necessary 2. context [for communication] data regarding an active connection Context: the set of circumstances or facts that surround a particular event, situation, etc. 1 Context: the circumstances in which an event occurs flow key an identifier for a connection 02/11/2011 Boucher Tr. (Patent Interference No. 105,775), 63:23-65:17. 2/10/2011 Boucher Dep. Tr. 99: Key: In databases, a unique value that is used to identify a data record. 1 Random House Webster s College Dictionary, 2nd ed. (1999). 2 The American Heritage Dictionary, 3rd ed. (1994) INTEL Ex

2 Claim Term Proposed Construction(s) Extrinsic Evidence Synonymous with primary key. 3 Key: In database management, an identifier for a record or group of records in a datafile. 4 Key: a group of characters that identifies a record in a database or other computer file database / flow database collection of organized data Database: A collection of organized, related data, esp. one in electronic form that can be accessed and manipulated by specialized computer software. 6 Database: A collection of related information about a subject organized in a useful manner that provides a base or foundation for procedures, such as retrieving information, drawing conclusions, and making decisions. Any collection of information that servers these purposes qualifies as a database, even if the information isn t stored on a computer. In fact, important predecessors of today s sophisticated business database systems were files kept on index cards and stored in file cabinets. Information usually is divided into data records, each with one or more data fields. 7 3 Webster s New World Dictionary of Computer Terms, 8th ed. (2000). 4 Microsoft Computer Dictionary, 4th ed. (1999). 5 Random House Webster s College Dictionary, 2nd ed. (1999). 6 Random House Webster s College Dictionary, 2nd ed. (1999). 7 Webster s New World Dictionary of Computer Terms, 8th ed. (2000) INTEL Ex

3 Terms Proposed By Plaintiff Claim Term Proposed Construction(s) Extrinsic Evidence a single contiguous block or several associated blocks of memory in the computer 5. a destination [] in the memory of the computer 6. operation code status data Destination: 1. the place to which a person or thing travels or is sent. 2. The purpose for which something is destined. 8 Destination: The record, file, document, or disk to which information is copied or moved, as opposed to the source. 9 Destination: The location (drive, folder, or directory) to which a file is copied or moved. Compare source (definition 1). 10 Word: The native unit of storage on a particular machine. A word is the largest amount of data that can be handled by the microprocessor in one operation and is also, as a rule, the width of the main data bus. Word sizes of 16 bits and 32 bits are the most common. 11 Word: A unit of information composed of characters, bits, or bytes that s treated as an entity and that can be stored in one location network interface device A device that allows a computer to go 8 Random House Webster s College Dictionary, 2nd ed. (1999) 9 Webster s New World Dictionary of Computer Terms, 8th ed. (2000) 10 Microsoft Computer Dictionary, 4th ed. (1999) 11 Microsoft Computer Dictionary, 4th ed. (1999). 12 Webster s New World Dictionary of Computer Terms, 8th ed. (2000) INTEL Ex

4 Claim Term Proposed Construction(s) Extrinsic Evidence online Network interface card: An expansion card or other device used to provide network access to a computer or other device, such as a printer. Network interface cards mediate between the computer and the physical media, such as cabling, over which transmissions travel. 13 Network interface card: See NIC. 14 NIC: Acronym for network interface card. An adapter that lets you connect a network cable to a microcomputer. The card includes encoding and decoding circuitry and a receptacle for a network cable connection. 15 network interface controller: A communication device which permits the connection of information processing devices to a network Microsoft Computer Dictionary, 4th ed. (1999). 14 Webster s New World Dictionary of Computer Terms, 8th ed. (2000). 15 Webster s New World Dictionary of Computer Terms, 8th ed. (2000). 16 IEEE Standard Glossary of Computer Networking Terminology (1995) INTEL Ex

5 Terms Proposed By Defendants Claim Term Proposed Construction(s) Extrinsic Evidence 8. prepending / prepended No construction necessary 9. status information No construction necessary 10. substantially no network layer or transport layer processing / significant network layer or significant transport layer processing No construction necessary 11. destination No construction necessary 17 Destination: 1. the place to which a person or thing travels or is sent. 2. The purpose for which something is destined. 18 Destination: The record, file, document, or disk to which information is copied or moved, as opposed to the source. 19 Destination: The location (drive, folder, or directory) to which a file is copied or moved. Compare source (definition 1) Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence. 18 Random House Webster s College Dictionary, 2nd ed. (1999) 19 Webster s New World Dictionary of Computer Terms, 8th ed. (2000) 20 Microsoft Computer Dictionary, 4th ed. (1999) INTEL Ex

6 Claim Term Proposed Construction(s) Extrinsic Evidence 12. substantially contiguous No construction necessary manner 13. without an interrupt dividing No construction necessary. 21 Interrupt: A hardware or software signal that temporarily stops program execution in a computer so that another procedure can be carried out. 22 Interrupt: A signal to the microprocessor indicating that an event has occurred that requires its attention. Processing is halted momentarily so that input/output or other operations can take place. When the operation is finished, processing resumes. 23 Interrupt: A signal from a device to a computer s processor requesting attention from the processor. When the processor receives an interrupt, it suspends its current operations, saves the status of its work, and transfers control to a special routine known as an interrupt handler, which contains the instructions for dealing with the particular situation that caused the interrupt. Interrupts can be generated by various hardware devices to request service or report problems, or by the processor itself in response to program errors or requests for operating-system services. Interrupts are the processor s way of communicating with the other elements that make up a computer system. A hierarchy of interrupt priorities determines which interrupt request will be handled first if more than one request is made. A 21 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence. 22 Random House Webster s College Dictionary, 2nd ed. (1999) 23 Webster s New World Dictionary of Computer Terms, 8th ed. (2000) INTEL Ex

7 Claim Term Proposed Construction(s) Extrinsic Evidence program can temporarily disable some interrupts if it needs the full attention of the processor to complete a particular task re-assembly buffer No construction necessary 24 Microsoft Computer Dictionary, 4th ed. (1999) INTEL Ex

8 Terms Defendants Allege Are Indefinite And/ Or Governed By 112(6) 15. Flow re-assembler No construction necessary. 16. packet batching module No construction necessary. 17. traffic classifier No construction necessary. 25 Traffic: The messages sent and received over a communication channel. 26 Traffic: Bellcore s definition: A flow of attempts, calls, and messages. My definition: The amount of activity during a given period of time over a circuit, line or group of lines, or the number of messages handled by a communications switch. There are many measures of traffic. Typically it s so many minutes of voice conversation, or so many bits of data conversation. Note that Bellcore includes attempts in its definition of traffic. I don't. The decision is yours. But you should be aware of what you include in your calculations. 27 Traffic: Messages that are transmitted and received over a communication channel. 28 Prioritization of Network Traffic 25 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence. 26 Modern Dictionary of Electronics, 6th ed. (1997). 27 Newton s Telecom Dictionary, 16th ed. (2000). 28 IEEE Standard Glossary of Computer Networking Terminology (1995) INTEL Ex

9 Prioritization can be explained as follows: implement some method to get important packets through a network when the network is congested and delay unimportant packets until later. Important packets are generally classified as delay-sensitive traffic such as that generated by live videoconferencing, voice calls, mission-critical transaction processing, remote monitoring, and collaborative computing (in which people work in real time on their computer screens across networks). Unimportant packets may include packets carrying electronic mail or packets downloaded from Internet Web sites by freeloading users. 29 See also Gupta, Sanjay et al., Traffic classification and scheduling in ATM networks (1993). See also Kubbar, Osama et al., Traffic Classification and Resource Allocation in ATM Networks (1996) 18. flow database manager No construction necessary [beyond proposal for database ] 30 Database: A collection of organized, related data, esp. one in electronic form that can be accessed and manipulated by specialized computer software. 31 Database: A collection of related information about a subject organized in a useful manner that provides a base or foundation for procedures, such as retrieving information, drawing conclusions, and making decisions. Any collection of information that servers these purposes qualifies as a database, even if the information isn t stored 29 Encyclopedia of Networking (1998). 30 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence. 31 Random House Webster s College Dictionary, 2nd ed. (1999) INTEL Ex

10 on a computer. In fact, important predecessors of today s sophisticated business database systems were files kept on index cards and stored in file cabinets. Information usually is divided into data records, each with one or more data fields. 32 Database management: Tasks related to creating, maintaining, organizing, and retrieving information from a database. See data manipulation flow manager No construction necessary. 34 Traffic: The messages sent and received over a communication channel. 35 Traffic: Bellcore s definition: A flow of attempts, calls, and messages. My definition: The amount of activity during a given period of time over a circuit, line or group of lines, or the number of messages handled by a communications switch. There are many measures of traffic. Typically it s so many minutes of voice conversation, or so many bits of data conversation. Note that Bellcore includes attempts in its definition of traffic. I don't. The decision is yours. But you should be aware of what you include in your calculations Webster s New World Dictionary of Computer Terms, 8th ed. (2000). 33 Webster s New World Dictionary of Computer Terms, 8th ed. (2000). 34 Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence. 35 Modern Dictionary of Electronics, 6th ed. (1997). 36 Newton s Telecom Dictionary, 16th ed. (2000) INTEL Ex

11 Traffic: Messages that are transmitted and received over a communication channel. 37 Prioritization of Network Traffic Prioritization can be explained as follows: implement some method to get important packets through a network when the network is congested and delay unimportant packets until later. Important packets are generally classified as delay-sensitive traffic such as that generated by live videoconferencing, voice calls, mission-critical transaction processing, remote monitoring, and collaborative computing (in which people work in real time on their computer screens across networks). Unimportant packets may include packets carrying electronic mail or packets downloaded from Internet Web sites by freeloading users. 38 See also Gupta, Sanjay et al., Traffic classification and scheduling in ATM networks (1993). See also Kubbar, Osama et al., Traffic Classification and Resource Allocation in ATM Networks (1996) 20. re-assembler No construction necessary. 21. means for receiving, by the network interface device from the computer, a command to transmit data from the computer to the No construction necessary [beyond proposal for network interface device ] Not subject to 112(6) 37 IEEE Standard Glossary of Computer Networking Terminology (1995). 38 Encyclopedia of Networking (1998) INTEL Ex

12 network 22. means for sending, by the network interface device to the network, data corresponding to the command, including means for prepending a transport layer header to at least some of the data 23. means for sending, by the network interface device to the computer, an indication that the data has been sent from the network interface device to the network, prior to receiving, by the network interface device from the network, an acknowledgement (ACK) that the data has been received. 24. means, coupled to the host computer, for receiving from outside the apparatus a response to an ISCSI read request command and for fastpath processing a portion of the response to the ISCSI read request command, the portion including data, the portion No construction necessary [beyond proposal network interface device ] Not subject to 112(6) No construction necessary [beyond proposal for network interface device ] Not subject to 112(6) Subject to 112(6) Function: receiving from outside the apparatus a response to an ISCSI read request command and for fast-path processing a portion of the response to the ISCSI read request command, the portion including data, the portion being fast-path processed such that the data is placed into INTEL Ex

13 the destination memory on the host computer without the protocol stack of the host computer doing significant network layer or significant transport layer processing, the means also being for receiving a subsequent portion of the response to the ISCSI read request command and for slow-path processing the subsequent portion such that the protocol stack of the host computer does network layer and transport layer processing on the subsequent portion being fast-path processed such that the data is placed into the destination memory on the host computer without the protocol stack of the host computer doing significant network layer or significant transport layer processing, the means also being for receiving a subsequent portion of the response to the ISCSI read request command and for slow-path processing the subsequent portion such that the protocol stack of the host computer does network layer and transport layer processing on the subsequent portion Structure: A network interface device [as proposed] and equivalents thereof 25. first mechanism / second mechanism No construction necessary Not subject to 112(6) To the extent the Court determines otherwise: Function (1: first mechanism ): processing the packets by a first so that for each packet the network layer header and the transport layer header are validated without an interrupt dividing the processing of the network layer header INTEL Ex

14 and the transport layer header Structure (1: first mechanism ): A network interface device [as proposed] and equivalents thereof Function (17: first mechanism ): providing a block of data and a Transmission Control Protocol (TCP) connection Structure (17: first mechanism ): a host CPU operating a TCP protocol stack, as detailed in, e.g., 241 patent, 7:42-58; 17:20-36; Fig. 11; and equivalents thereof. Function (17: second mechanism ): dividing the block of data into multiple segments. Structure (17: second mechanism ): A network interface device [as proposed] and equivalents thereof Function (17: second mechanism ): prepending an outbound packet header to each of the segments, thereby forming an outbound packet corresponding to each segment, the outbound packet header containing an outbound media access control layer header, an outbound Internet Protocol (IP) header and an outbound INTEL Ex

15 TCP header, wherein the prepending of each outbound packet header occurs without an interrupt dividing the prepending of the outbound media access control layer header, the outbound (IP) header and the outbound TCP header. Structure (17: second mechanism ): A network interface device [as proposed] and equivalents thereof 26. first apparatus / second apparatus[es] 27. communication processing mechanism No construction necessary Not subject to 112(6). No construction necessary 39 Not subject to 112(6). To the extent the Court determines otherwise: Function: running instructions to process a message packet such that the context is employed to transfer data contained in said packet to the first apparatus memory and the TCP state information is updated communications processor: A computer that performs protocol (terminates one or more protocols layers) or network management functions Should Defendants seek unnecessary judicial review of the term, Plaintiff reserves the right to rely on the provided extrinsic evidence. 40 IEEE Standard Glossary of Computer Networking Terminology (1995) INTEL Ex

16 Structure: A network interface device [as proposed] and equivalents thereof INTEL Ex

Case 1:14-cv UNA Document 1 Filed 01/03/14 Page 1 of 49 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 1:14-cv UNA Document 1 Filed 01/03/14 Page 1 of 49 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Case 1:14-cv-00004-UNA Document 1 Filed 01/03/14 Page 1 of 49 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MPHJ TECHNOLOGY INVESTMENTS, LLC, v. DILLARD S, INC., Plaintiff,