Free Reply Brief - District Court of Delaware - Delaware

Case 1:04-cv-01231-SLR

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EXHIBIT 6

Case 1:04-cv-01231-SLR James M. Lennon
From: Sent: To: Cc: Subject: Attachments:

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Sibley Reppert [[email protected]] Thursday, August 25, 2005 10:20 AM George Pazuniak James M. Lennon time to talk Invalidity claim chart-WelchSims.doc

Invalidity claim chart-WelchSi...

Dear George, In the hope that it will assist the parties to find a way to resolve this case without further needless expense, I suggest you take a look at the Welch/Sims patent described in the attached claim chart. Dr. Sims is our expert, and has incontrovertable proof that the invention covered by his patent dates back to 1989. As such, it is dead on as a 102 reference. We have some other equally persuasive evidence invalidating the '195 patent. While expert reports are postponed a month, it seems to me that it is time for a reality check. Now that discovery is basically done, each side has a pretty good an idea how good a hand it is holding, and it makes sense for our respective clients to talk. Please let me know if you concur. Sib

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USP RE 36,791 Clm 25. A location

USP 5,319,363 (Welch/Sims) Col. 2, ln. 58 - Col 3, ln. 14.

system for locating objects within a tracking environment using area-detection by receivers that receive electromagnetic transmissions from assigned areas, comprising: for each object, a TAG transmitter for transmitting, at selected intervals, TAG transmissions that include a unique TAG ID; an array of receivers distributed within the tracking area, with each receiver being configured to receive TAG transmissions from an assigned area of a predetermined size;

Col. 2, ln. 58-67; Col. 7, ln. 51-52; Col. 8, ln. 41-46;

Col. 2, ln. 60-64; Col. 8, ln. 34-40

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each receiver including a data communications controller responsive to the receipt of a TAG transmission for providing a corresponding areadetection packet that includes the received TAG ID; and a location processor for receiving the areadetection packets, and for determining the location of each TAG, and its associated object, based on the identity of the receiver receiving the TAG transmissions for that TAG.

Col. 2, ln. 65-67; Col 8, ln. 46-49

Col. 2, ln. 68-Col. 3, ln. 14; Col. 7, ln. 47-57; Col. 8, ln. 46-55

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Clm 48.

A method

Col. 2, ln. 58-Col 3, ln. 14.

of locating objects within a tracking environment using area-detection by receivers that receive electromagnetic transmissions from assigned areas, comprising: for each object, providing a TAG transmitter for transmitting, at selected intervals, TAG transmissions that include a unique TAG ID; providing an array of receivers distributed within the tracking area, with each receiver being configured to receive TAG transmissions from an assigned area of a predetermined size;

Col. 2, ln. 58-67; Col. 7, ln. 51-52; Col. 8, ln. 41-46;

Col. 2, ln. 60-64; Col. 8, ln. 34-40

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each receiver being responsive to the receipt of a TAG transmission for providing a corresponding areadetection packet that includes the received TAG ID; and determining the location of each TAG, and its associated object, based on the identity of the receiver receiving the TAG transmissions for that TAG as represented by the area-detection packet provided by such receiver that received the TAG transmissions.

Col. 2, ln. 65-67; Col 8, ln. 46-49

Col. 2, ln. 68-Col. 3, ln. 14; Col. 7, ln. 47-57; Col. 8, ln. 46-55

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Clm 66.

A location

Col. 2, ln. 58-Col 3, ln. 14.

system for locating objects within a tracking environment using area-detection by receivers that receive transmissions from assigned areas, comprising: for each object, a TAG transmitter for

Col. 2, ln. 58-67; Col. 7, ln. 51-52;

transmitting at selected Col. 8, ln. 41-46; intervals, TAG transmissions that include a unique TAG ID; an array of receivers distributed within the tracking area, with each receiver being configured to receive TAG transmissions from an assigned area of a predetermined size; Col. 2, ln. 60-64; Col. 8, ln. 34-40

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each receiver including a data communications controller responsive to the receipt of a TAG transmission for providing a corresponding areadetection packet that includes the received TAG ID; a location processor for receiving the areadetection packets, and for determining the location of each TAG, and its associated object, based on the identity of the receiver receiving the TAG transmissions for that TAG; and

Col. 2, ln. 65-67; Col 8, ln. 46-49

Col. 2, ln. 68-Col. 3, ln. 14; Col. 7, ln. 47-57; Col. 8, ln. 46-55

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a local area network, said array of receivers being coupled to the location processor by said local area network, with each receiver including a LAN interface, such that the area detection packets are communicated to the location processor over said LAN.

Col. 3, ln 9-12; Col. 7, ln 44-56; Col. 8, ln 46-55