Ronald A. Katz Technology Licensing v. Earthlink - IP Spotlight

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number to determine said individual caller’s credit.” The recited function of the
“acknowledgment number structure” is “providing a computer generated acknowledgement
number to said individual callers.”
Without any analysis, EarthLink argues that the specification discloses a general purpose
computer to perform these functions. If EarthLink is correct, under WMS Gaming, the disclosed
structure must include both the general purpose computer and algorithms disclosed by the
specification. Id. at 1349.
Katz disagrees and argues that the ‘762 patent specification discloses special purpose
components to perform the recited functions. With respect to the credit verification structure,
Katz identifies the interface 20, processors PR1-PRN, which have qualification unit 93, buffer 97
and memory 98 as performing the recited function. In support of that contention, Katz’s expert,
Dr. Brody, identifies a passage that describes the qualification unit 93 performing a two stage
test under control of the processing unit 92. (Brody Decl. at 384 (citing to ‘762 patent at 11:17-
35).) The test verifies the customer number and credit card information. This passage shows that
qualification unit 93 corresponds to the recited function of the claimed “credit verification
structure.” Dr. Brody also states that processing unit 92, buffer 97 and memory 98 should be
included as corresponding structures, but does not explain the basis for these additions. (Brody
Decl. at 380.) For the purposes of this motion, this Court does not need to determine if these
structures also correspond to the recited function. This Court only needs to determine whether
this means plus function limitation falls within WMS Gaming. It does not because the
qualification unit 93 performs the recited function.
With respect to the acknowledgment structure, Katz identifies five different combinations
of structures that perform the recited function:
(a) one or more of processors PR1-PRn;
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