UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: CIV JUDGE JAMES LAWRENCE KING MAGISTRATE JUDGE GARBER

Transcription

1 Sep ROTHSCHILD TRUST HOLDINGS, LLC, vs. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: CIV JUDGE JAMES LAWRENCE KING MAGISTRATE JUDGE GARBER Plaintiff, CITRIX SYSTEMS, INC., CITRIX ONLINE, LLC, Defendants. / PLAINTIFF S DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS Pursuant to the August 7, 2006 Order on Joint Scheduling Conference, Plaintiff Rothschild Trust Holdings, LLC ( Rothschild Trust ) provides the following Disclosure of Asserted Claims and Preliminary Infringement Contentions regarding U.S. Patent No. 6,101,534 entitled Interactive, Remote, Computer Interface System (the 534 Patent ) to Defendants Citrix Systems, Inc. and Citrix Online, LLC (collectively Citrix ) and states as follows: Disclosure of Asserted Claims and Preliminary Infringement Contentions. a. Asserted Claims of the 534 Patent Rothschild Trust asserts that Citrix s product GoToMyPC infringes claims 1, 4, 5 to 10, and 21 and that Citrix may (depending upon end user input and/or structure) infringe or contribute to the infringement of claims 11 to 20. Citrix s GoToMeeting 1 of 14

2 infringes claims 1, 4, 5 to 10 and may (depending upon end user input and/or structure) infringe or contribute to the infringement of claims 11 to 20. b. Infringing Products Rothschild Trust contends that Citrix s products, GoToMyPC and GoToMeeting, infringe (or may infringe, as more fully stated in paragraph (a) above) claims 1, 4, and 5 to 21. According to Citrix s product literature and white papers, GoToMyPC is a webbased screen-sharing software that allows users to remotely access their computer from any other Internet-connected computer through the Web site. GoToMeeting is a web-based meeting product that allows users to communicate and remotely access data through the Web site. In the claims chart below, Rothschild Trust provides a discussion of the components of GoToMyPC and GoToMeeting which infringe the above stated claims. Citrix is liable for direct infringement of the asserted claims and is liable for contributing and inducing its customers to infringe the asserted claims of the 534 Patent through its sale of GoToMyPC and GoToMeeting. c. Claims Chart An interactive, remote computer interface system comprising: a) a remote server assembly, said remote server including a quantity of primary site data; b)said remote server assembly including at least one primary site address, said primary site address including at least a portion of said primary site data and being distinct so as to identify a location thereof on a computer network; Claim 1 The GoToMyPC server(s) necessarily include data on them. as well as other addresses that point to different parts of the server(s) on which data is stored. Addresses must be distinct so the system knows what data to use. 2 2 of 14

3 c) a local processor assembly User s computer(s), including PC, wireless devices, mobile phones, etc. d) said local processor assembly being User s computer(s) and GoToMyPC coupled in data transmitting and receiving communication with said remote server server(s) must be connected at least via Internet for product/service to work. assembly; e) said local processor assembly being structured to access said primary site address so as to achieve said data transmitting and receiving communication with said remote server assembly; f) at least one data storage assembly associated with said local processor assembly and structured to contain a quantity of auxiliary site data thereon, said auxiliary site data being associated with said primary site data; User s computer(s) must be Internet capable for product/service to function, and, therefore, necessarily can access and are encouraged to access site addresses on the GoToMyPC server(s), such as for registration, downloading of client software, login and/or written verification, PC selection, information purposes, use of the GoToMyPC product/service, etc. Data must be located at a specific location (i.e. the site address) on the GoToMyPC server(s) for it to be able to be found via the Internet. The user s computer includes a CD-Rom, DVD-Rom, floppy disc, flash drive, hard drive(s) or other data storage medium in order to operate. In the case of the hard drive, it can be mounted in an external enclosure, a removable drive bay, or in a conventional PC drive bay. All of those data storage mediums include data thereon, and all of them can be accessed from the GoToMyPC server(s) by a user, as that is the intent of the GoToMyPC product/service and are therefore associated with data on the GoToMyPC server(s) that allows the connection to be made and/or gives the commands. In addition to the user s own data that can be accessed, the GoToMyPC Client software must be operational on the user s computer and works in conjunction with the data on the GoToMyPC server(s) to establish a valid and effective link so the program can operate. 3 3 of 14

4 g) said data storage assembly including a computer readable medium h) said compact, portable and interchangeable readable medium including a plurality of remotely accessible, auxiliary site addresses encoded therein, each of said remotely accessible, auxiliary site addresses including select portions of said quantity of auxiliary site data; and i) said remotely accessible auxiliary site addresses being structured to be remotely accessed by said remote server assembly so as to initiate utilization of said select portions of said quantity of auxiliary site data by said local processor assembly in conjunction with said primary site data. All of the aforementioned data storage media are compact, portable and interchangeable (i.e. they can all be removed from a PC and inserted into another PC or connected to a PC or reinserted at a later time in the original PC, and all of the aforementioned data storage media are lightweight). All data storage media must have site addresses so as to denote where the data thereon is located and can be found. For example, a typical Windows based PC provides a simple user interface to identify a drive and folder and filename, and that drive, folder and filename will point to a location on the data storage medium that has an address relating to the designation of the user interface. Auxiliary Site Data must be stored at one of these addresses or it will never be located and/or useable. The stated functional objective of the GoToMyPC product/service is that a user, via the GoToMyPC web site, and therefore server(s), can access and initiate utilization of data on the user s computer via the GoToMyPC window/interface that is inherently created using data on the GoToMyPC servers. Additionally, data on the GoToMyPC server(s) must be used in association with the GoToMyPC client program data on the User s computer so as to establish and/or validate the connection, and the GoToMyPC interface/window is what achieves data/file transfer or file viewing to and from the user s computer, therefore resulting in initiating use of auxiliary site date by the user s computer to either find its location, identify the file and upload or to designate a storage location and download. 4 4 of 14

5 remote server assembly is structured internal site to identify an internal site address of said computer readable medium relative to said local processor assembly. Claim 4 Claim 5 GoToMyPC identifies the internal site address of the end user s remote computer and the data on the portable and removable storage assembly on said computer A system as recited in claim 4 wherein said GoToMyPC signals the end user if the remote server assembly is structured to remote computer is without power or not signal a non-presence of said compact, connected to the Internet, or is not portable and interchangeable computer functioning, or lacks the portable and readable medium. removable data (in other words the hard drive or optical media including DVD or CD), is missing Claim 6 computer readable medium is structured to identify an internal site address thereof relative to said local processor assembly, thereby facilitating access thereto by said remote server assembly. computer readable medium is structured to store at least one video image. computer readable medium is structured to store at least one audio signal. primary and said remotely accessible auxiliary site addresses include URL addresses accessible through an online connection. Claim 7 Claim 8 Claim 9 GoToMyPC identifies the internal site address of the end user s remote computer and the portable and removable data from said computer in order to facilitate access to its server. The end user of GoToMyPC accesses a remote computer that is able to store at least one video image. The end user of GoToMyPC accesses a remote computer that is able to store at least one audio signal. An end user can access URL addresses through its Internet connection through of 14

6 local processor assembly further includes a data entry assembly associated therewith and structured to provide for an input of at least a portion of said auxiliary site data into a corresponding one of said auxiliary site addresses of said compact, portable and interchangeable computer readable medium. A system as recited in claim 10 further including a compression assembly structured to compress said auxiliary site data inputted by said data entry assembly onto said compact, portable and interchangeable computer readable medium. Claim 10 Claim 11 Claim 12 The GoToMyPC user can input data into the computer(s) and onto the media via a data entry assembly such as a keyboard and/or mouse. GoToMyPC either directly infringes or contributes to infringement if the GoToMyPC user has compression software on the computer(s). A system as recited in claim 10 wherein GoToMyPC either directly infringes or said data entry assembly includes a receiver contributes to infringement if the user s assembly structured to receive a remotely computer(s) can receive and store data transmitted signal containing at least some from a transmitted signal, such as a wi-fi, of said auxiliary site data. Bluetooth or other transmission. Claim 13 A system as recited in claim 12 wherein GoToMyPC either directly infringes or said remotely transmitted signal includes a contributes to infringement if the full band broadcast signal. GoToMyPC user s computer(s) can receive a full band broadcast. Claim 14 A system as recited in claim 12 wherein GoToMyPC either directly infringes or said remotely transmitted signal includes contributes to infringement if the an interlaced broadcast signal. GoToMyPC user s computer(s) can receive an interlaced broadcast signal. Claim 15 A system as recited in claim 12 wherein said remotely transmitted signal is transmitted to said receiver assembly by a satellite transmitter. GoToMyPC either directly infringes or contributes to infringement if the GoToMyPC user s computer(s) can receive a satellite delivered transmission of data. 6 6 of 14

7 Claim 16 A system as recited in claim 12 wherein GoToMyPC either directly infringes or said remotely transmitted signal is contributes to infringement if the transmitted to said receiver assembly by a radio transmitter. GoToMyPC user s computer(s) can receive a radio transmission of data. Claim 17 A system as recited in claim 12 wherein GoToMyPC either directly infringes or said remotely transmitted signal is contributes to infringement if the transmitted to said receiver assembly by a GoToMyPC user s computer(s) uses cable cabled transmitter. access and/or can receive a cable transmission of data. Claim 18 A system as recited in claim 17 wherein GoToMyPC either directly infringes or said cabled transmitter includes a telephone contributes to infringement if the line. GoToMyPC user s computer(s) can receive transmissions of data via a telephone line. Claim 19 A system as recited in claim 17 wherein said cabled transmitter includes a broadband cable. Claim 20 GoToMyPC either directly infringes or contributes to infringement if the GoToMyPC user s computer(s) uses a broadband cable connection to receive transmissions of data. A system as recited in claim 17 wherein GoToMyPC either directly infringes or said cabled transmitter includes a fiber contributes to infringement if the optic cable. GoToMyPC user s computer(s) uses a fiber optic cable to receive transmissions of data. Claim 21 computer readable medium is structured to store a plurality of operating instructions which direct an operation of said local processor assembly. The remote computer is instructed by GoToMyPC through software on the local processor 7 7 of 14

8 An interactive, remote computer interface system comprising: a) a remote server assembly, said remote server including a quantity of primary site data; b) said remote server assembly including at least one primary site address, said primary site address including at least a portion of said primary site data and being distinct so as to identify a location thereof on a Claim 1 The GoToMeeting server(s) necessarily include data on them. as well as other addresses that point to different parts of the server(s) on which data is stored. Addresses must be distinct so the system knows what data to use. computer network; c) a local processor assembly User s computer(s), including a personal computers, wireless device, mobile phone, etc. d) said local processor assembly being coupled in data transmitting and receiving communication with said remote server assembly; e) said local processor assembly being structured to access said primary site address so as to achieve said data transmitting and receiving communication with said remote server assembly; f) at least one data storage assembly associated with said local processor assembly and structured to contain a quantity of auxiliary site data thereon, said auxiliary site data being associated with said primary site data; User s computer(s) and GoToMeeting server(s) must be connected at least via the Internet for product/service to work. User s computer(s) must be Internet capable for product/service to function, and, therefore, necessarily can access and are encouraged to access site addresses on the GoToMeeting server(s), such as for registration, downloading of client software, login and/or written verification, information purposes, use of the GoToMeeting product/service, etc. Data must be located at a specific location (i.e. the site address) on the GoToMeeting server(s) for it to be able to be found via the Internet. The user s computer includes a CD-Rom, DVD-Rom, floppy disc, flash drive, hard drive(s) or other data storage medium in order to operate. In the case of the hard drive, it can be mounted in an external enclosure, a removable drive bay, or in a conventional PC drive bay. All of those data storage mediums include data thereon, and all of them can be accessed from the GoToMeeting server(s) by a remote user, when allowed to do so by the host, as that 8 8 of 14

9 g) said data storage assembly including a computer readable medium h) said compact, portable and interchangeable readable medium including a plurality of remotely accessible, auxiliary site addresses encoded therein, each of said remotely accessible, auxiliary site addresses including select portions of said quantity of auxiliary site data; and i) said remotely accessible auxiliary site addresses being structured to be remotely accessed by said remote server assembly so as to initiate utilization of said select portions of said quantity of auxiliary site data by said local processor assembly in conjunction with said primary site data. is the intent of the GoToMeeting product/service and are therefore associated with data on the GoToMeeting server(s) that allows the connection to be made and/or gives the commands. In addition to user s own data that can be accessed, the GoToMeeting Client software must be operational on the user s computer and work in conjunction with the data on the GoToMeeting server(s) to establish a valid and effective link so the program can operate. All of the aforementioned data storage media are compact, portable and interchangeable (i.e. they can all be removed from a PC and inserted into another PC or connected to a PC or reinserted at a later time in the original PC, and all of the aforementioned data storage media are lightweight). All data storage media must have site addresses so as to denote where the data thereon is located and can be found. For example, a typical Windows-based PC provides a simple user interface to identify a drive and folder and filename, and that drive, folder and filename will point to a location on the data storage medium that has an address that relates to the designation of the user interface. Auxiliary Site Data must be stored at one of these addresses or it will never be located and/or useable. The stated functional objective of the GoToMeeting product/service is that a user, via the GoToMeeting web site, and therefore server(s), can share the desktop with multiple remote participants in an online meeting. Also, the user can allow remote users/participants to access and initiate utilization of data on the user s computer via the GoToMeeting window/interface that is inherently created using data on the GoToMeeting server(s). Additionally, data on the GoToMeeting 9 9 of 14

10 remote server assembly is structured to identify an internal site address of said compact, portable and inter-changeable computer readable medium relative to said local processor assembly. server(s) must be used in association with the GoToMeeting client program data on the User s computer so as to establish and/or validate the connection, and the GoToMeeting interface/window is what achieves data/file transfer or file viewing to and from the user s computer, therefore resulting in initiating use of auxiliary site data by the user s computer to either find its location, identify the file and upload or to designate a storage location and download. Claim 4 Claim 5 GoToMeeting, when in remote control session, identifies the internal site address of the host computer and the data on the portable and removable storage assembly on said computer. A system as recited in claim 4 wherein said GoToMeeting, when in remote control remote server assembly is structured to session, signals the end user if the remote signal a non-presence of said compact, computer lacks the portable and removable portable and interchangeable computer data (in other words the hard drive or readable medium. optical media including DVD or CD), is missing. Claim 6 computer readable medium is structured to identify an internal site address thereof relative to said local processor assembly, thereby facilitating access thereto by said remote server assembly. computer readable medium is structured to store at least one video image. Claim 7 GoToMeeting, when in remote control session, identifies the internal site address of the end user s remote computer and the portable and removable data from said computer in order to facilitate access to its server. The end user of GoToMeeting, when in remote control session, accesses a remote computer that is able to store at least one video image of 14

11 Claim 8 The end user of GoToMeeting, when in remote control session, accesses a remote computer readable medium is structured to computer that is able to store at least one store at least one audio signal. audio signal. Claim 9 primary and said remotely accessible auxiliary site addresses include URL addresses accessible through an online connection. local processor assembly further includes a data entry assembly associated therewith and structured to provide for an input of at least a portion of said auxiliary site data into a corresponding one of said auxiliary site addresses of said compact, portable and interchangeable computer readable medium. A system as recited in claim 10 further including a compression assembly structured to compress said auxiliary site data inputted by said data entry assembly onto said compact, portable and interchangeable computer readable medium. A system as recited in claim 10 wherein said data entry assembly includes a receiver assembly structured to receive a remotely transmitted signal containing at least some of said auxiliary site data. Claim 10 Claim 11 Claim 12 An end user can access URL addresses through its Internet connection through The GoToMeeting user, when in remote control session, can input data into the host computer or other media. GoToMeeting either directly infringes or contributes to infringement if the GoToMeeting user has compression software on the host computer that can be shared with remote participants in an online meeting. GoToMeeting either directly infringes or contributes to infringement if the host signal and if the same data is shared in an online meeting of 14

12 A system as recited in claim 12 wherein said remotely transmitted signal includes a full band broadcast signal. Claim 13 GoToMeeting either directly infringes or contributes to infringement if the host full band broadcast signal and if the same data is shared in an online meeting. Claim 14 A system as recited in claim 12 wherein GoToMeeting either directly infringes or said remotely transmitted signal includes contributes to infringement if the host an interlaced broadcast signal. interlaced broadcast signal and if the same data is shared in an online meeting. Claim 15 A system as recited in claim 12 wherein GoToMeeting either directly infringes or said remotely transmitted signal is contributes to infringement if the host transmitted to said receiver assembly by a satellite transmitter. (by a satellite transmitter) signal and if the same data is shared in an online meeting. Claim 16 A system as recited in claim 12 wherein GoToMeeting either directly infringes or said remotely transmitted signal is contributes to infringement if the host transmitted to said receiver assembly by a radio transmitter. (by a radio transmitter) signal and if the same data is shared in an online meeting. Claim 17 A system as recited in claim 12 wherein said remotely transmitted signal is transmitted to said receiver assembly by a cabled transmitter. GoToMeeting either directly infringes or contributes to infringement if the host (by a cabled transmitter) signal and if the same data is shared in an online meeting of 14

13 Claim 18 A system as recited in claim 17 wherein GoToMeeting either directly infringes or said cabled transmitter includes a telephone contributes to infringement if the host line. (by a cabled transmitter including a telephone line) signal and if the same data is shared in an online meeting. Claim 19 A system as recited in claim 17 wherein said cabled transmitter includes a broadband cable. Claim 20 GoToMeeting either directly infringes or contributes to infringement if the host (by a cabled transmitter including broadband cable) signal and if the same data is shared in an online meeting. A system as recited in claim 17 wherein GoToMeeting either directly infringes or said cabled transmitter includes a fiber contributes to infringement if the host optic cable. (by a cabled transmitter including fiber optic cable) signal and if the same data is shared in an online meeting. Claim 21 computer readable medium is structured to store a plurality of operating instructions which direct an operation of said local processor assembly. The CD-Rom, DVD-Rom, floppy disc, flash drive, hard drive(s) or other data storage medium associated with the host computer can store multiple operating instructions that can direct operations on the local processor d. Literal Infringement/Infringement Under Doctrine of Equivalents The above claims are infringed literally and via equivalents. e. Document Production Accompanying Disclosure Rothschild Trust is producing documents with this Disclosure of 14

14 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via and U.S. mail this 8 th day of September, 2006 to: Raul Cosio, Esq., Holland and Knight, 701 Brickell Avenue, Suite 3000, Miami, FL and Douglas Kline, Goodwin Procter, LLP, 53 State Street, Boston, MA BROAD AND CASSEL Attorneys for Plaintiff One Biscayne Tower, 21 st Floor 2 South Biscayne Boulevard Miami, Florida Telephone: Facsimile: By: /s/gabrielle Bozza, Esq. Mark F. Raymond, P.A. Florida Bar No MRaymond@BroadandCassel.com Gabrielle Bozza, Esq. Florida Bar No GBozza@BroadandCassel.com of 14