e. “said instruction groups include at least one instruction that, when executed, causes an access to an operand or instruction or both” The plaintiffs propose “the instruction being executed causes the CPU to use an immediate operand or execute a second instruction which is not the next sequential instruction.” The defendants’ proposed construction is “the instruction being executed causes the CPU to use data or execute a second instruction.” The main dispute is whether the second instruction can be the next sequential instruction. The plaintiffs argue that one of ordinary skill in the art would regard the normal program flow of going from one instruction to the next sequential instruction as “causing an access to an instruction.” The defendants contend that the specification describes a SKIP instruction where the second instruction accessed is the next sequential instruction. ‘584 patent, 23:12- In reply, the plaintiffs contend that claim 29 refers to control flow instructions, not ordinary instructions. The intrinsic evidence does not support the limitation proposed by the plaintiffs. Accordingly, the Court construes the term to mean “the instruction being executed causes the CPU to use an operand or execute a second instruction.”<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

See BaNosser's post at 2:21am for link to list of affected chips.

II. INFRINGEMENT OF U.S. PATENT NO. 5,784,584

A. Infringed Claims

Based on the information presently available to it, TPL asserts that Defendants NEC

infringe directly or indirectly, at least claim 29 of United States Patent No. 5,784,584 (the “‘584

Patent”). Each of the NEC products identified by "Chip Part Number" in the table captioned

“NEC Accused Chips [Exhibit A]” infringes claim 29 of the '584 Patent identified in the claim

charts attached as Exhibit A, and is representative for purposes of infringement of its associated

Chip Family. Each of the NEC products identified by “Chip Family” in that table infringes the

same claim as the associated representative chip, with additional information on each NEC Chip

Family shown in Exhibit H; and each of NEC’s End-User Products identified in the list attached

as Exhibit D infringes a claim of the ’584 Patent, as set forth in the claim charts attached as

Exhibit A, B, C and G, if discovery establishes that it embodies an NEC Accused Chip, Toshiba

Accused Chip, MEI Accused Chip or Covered Fujitsu Chip which infringes or is covered by

such claim.

Based on the information presently available to it, TPL asserts that Defendants Toshiba

infringe directly or indirectly, at least claim 29 of the ’584 Patent. Each of the Toshiba products

identified by “Chip Part Number” in the table captioned “Toshiba Accused Chips [Exhibit B]”

infringes claim 29 of the ‘584 Patent identified in the claim charts attached as Exhibit B, and is

representative for purposes of infringement of its associated Chip Family. Each of the Toshiba

products identified by “Chip Family” in that table infringes the same claim as the associated

representative chip, with additional information on each Toshiba Chip Family shown in Exhibit

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TPL’S CORRECTED DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS - 9 -

CASE NO.2:05CV494

I; and each of Toshiba’s End-User Products identified in the list attached as Exhibit E infringes a

claim of the ’584 Patent, as set forth in the claim charts attached as Exhibit A, B, C and G, if

discovery establishes that it embodies an NEC Accused Chip, Toshiba Accused Chip, MEI

Accused Chip or Covered Fujitsu Chip which infringes or is covered by such claim.

Based on the information presently available to it, TPL asserts that Defendants MEI

infringe directly or indirectly, at least claim 29 of the ’584 Patent. Each of the MEI products

identified by "Chip Part Number" in the table captioned “MEI Accused Chips [Exhibit C]”

infringes claim 29 of the '584 Patent identified in the claim charts attached as Exhibit C, and is

representative for purposes of infringement of its associated Chip Family. Each of the MEI

products identified by "Chip Family" in that table infringes the same claim as the associated

representative chip, with additional information on each Chip Family shown in Exhibit J; and

each of MEI’s End-User Products identified in the list attached as Exhibit F infringes a claim of

the ’584 Patent, as set forth in the claim charts attached as Exhibit A, B, C and G, if discovery

establishes that it embodies an NEC Accused Chip, Toshiba Accused Chip, MEI Accused Chip

or Covered Fujitsu Chip which infringes or is covered by such claim.

Discovery only recently commenced, and TPL’s preliminary infringement contentions,

including all claim charts and figures, are based on information reasonably available to TPL at

this time. The accused devices and instrumentalities listed herein include only those of which

TPL is presently aware. Accordingly, TPL reserves the right to supplement these Preliminary

Infringement Contentions based on information developed in the course of this lawsuit through

discovery or additional factual investigation, in view of the Court’s claim construction ruling

respecting the ‘584 Patent or as other circumstances may require.

B. Infringement Claim Charts

Attached hereto as Exhibit A are infringement claim charts showing how each NEC

Accused Chip infringes asserted claims of the ‘584 Patent.

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TPL’S CORRECTED DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS - 10 -

CASE NO.2:05CV494

Attached hereto as Exhibit B are infringement claim charts showing how each Toshiba

Accused Chip infringes asserted claims of the ‘584 Patent.

Attached hereto as Exhibit C are infringement claim charts showing how each MEI

Accused Chip infringes asserted claims of the ‘584 Patent.

Attached hereto as Exhibit G are infringement claim charts showing how each Fujitsu

Covered Chip is covered by the asserted claims of the ‘584 Patent.

C. Infringing Products

The NEC, Toshiba, MEI and Fujitsu products listed below, including each member of

each Chip Family, infringe or are covered by the asserted claims of the ‘584 Patent as explained

in the claims charts attached hereto as Exhibits A, B, C and G, respectively.