Free Claim Construction Opening Brief - District Court of Delaware - Delaware

Case 1:04-cv-00821-GMS

Document 35-2

Filed 03/11/2005

Page 1 of 2

Tab 1 of Defendants' Opening Markman Brief

Claim Language

Defendants' Proposed Construction

Claim 22 a device that transmits data and can be a data transmission device capable of connected to a communication network connecting directly to a communication network to allow transmission of data to a without requiring a separate unit (such as a destination site from points of access to the computer or modem) between the data transmission device and the network network that are remote to the destination site wherein each of the components of the the data logger, time base, data storage unit health tracker is part of a single, unified and data transmission device are all portable unit that may be used by an included within a single, unified portable ambulatory patient unit a data logger that collects and records Invivodata's and CRF's proposal: subjective data from a subject regarding data which is input by the patient to the the subject's psychological condition and data logger, regardless of whether that data subjectively observed physiological pertains to the subject or the subject's condition environment, and whether or not the information is objective or factual Claim 34 invivodata and CRF's proposal: a data transmission device of the portable unit a device, included within the portable unit, that transmits data without requiring a separate unit (such as a computer or modem) between the data transmission device and the network eTrials' proposal: a device that transmits data and is included within the portable unit the data transmission device transmits data that transmits data to the data storage location via a digital data network to the data storage location via a network, other than a telephone network, that transmits data digitally rather than in analog form

Case 1:04-cv-00821-GMS

Document 35-2

Filed 03/11/2005

Page 2 of 2

Tab 1 of Defendants' Opening Markman Brief

Claims 29 & 30 29. A portable personal health tracker Invivodata's and CRF's proposal: according to claim 22 further comprising a digital data that represents the subject's handwriting tactile input device on which the subject may write and the subject's writing is detected, said tactile input device generating a digitized representation of the detected writing 30. A portable personal health tracker according to claim 29 wherein the digitized representation of the subject's writing is transmittable via the data transmission device Claim 36 wherein the digital data network comprises Invivodata's and CRF's proposal: a public data network a publicly accessible network, other than a telephone network, that transmits data digitally Claim 38 wherein the data transmission device the data transmission device includes a device, such as a modem or other data comprises a connection device that transfer device that uses a known data facilitates connection to the data network transfer protocol, which facilitates connection of the portable unit to the digital data network Claim 39 wherein the connection device comprises the data transmission device includes a a modem that is connectable directly to a modem, which can be connected to a public public telephone network telephone network without requiring a separate unit (such as a computer or modem) between the data transmission device and the network Claim 40 wherein the connection device is the connection device can be connected directly to a local point of access for the connectable directly to a local data network access connection digital data network without requiring a separate unit (such as a computer or modem) between the data transmission device and the local point of access