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Amdocs (Israel) Ltd. v. Openet Telecom, Inc.

United States District Court, E.D. Virginia, Alexandria Division

April 6, 2018

AMDOCS (ISRAEL) LIMITED, an Israeli Corporation, et al., Plaintiffs
v.
OPENET TELECOM, INC., a Delaware Corporation, et al., Defendants.

          MEMORANDUM OPINION

          LEONIE M. BRINKEMA UNITED STATES DISTRICT JUDGE.

         Before the Court are plaintiff Amdocs (Israel) Limited ("plaintiff or "Amdocs")'s Claim Construction Brief ("Pl. Mem.") [Dkt. No. 328] and defendants Openet Telecom LTD and Openet Telecom, Inc.'s (collectively, "defendants" or "Openet") Supplemental Claim Construction Brief ("Def. Mem.") [Dkt. No. 329], both of which ask the Court to construe disputed claim terms in the patents-in-suit. The issues have been fully briefed and the parties were heard in oral argument. Having considered the arguments and evidence presented by the parties, the Court issues this claim construction Memorandum Opinion.

         I. BACKGROUND

         A. The Patents-in-Suit

         At issue in this litigation are three related patents owned by Amdocs, specifically U.S. Patent Nos. 6, 947, 797 ("the '797 patent"); 6, 947, 984 ("the '984 patent"); and 7, 631, 065 ("the '065 patent").[1] All of these patents claim aspects of a system "designed to solve an accounting and billing problem faced by network service providers." Amdocs (Israel) Ltd. v. Openet Telecom. Inc., 761 F.3d 1329, 1331 (Fed. Cir. 2014) (hereinafter "Amdocs I") (internal quotation marks omitted). Specifically, "[c]ustomers of network service providers often use several distinct services, such as e-mail, voice over Internet Protocol, or streaming audio or video, on the same computer network." Id. (internal quotation marks omitted). Because "some services require more bandwidth than others, network service providers" attempt to "price their available bandwidth according to a user's needs." Id. (internal quotation marks omitted). The "raw usage logs for these services" are "generated by several different network devices that may exist in different network levels." Id. (internal quotation marks omitted). The "patented system collects these raw usage data records from their diffuse locations throughout the network and through appropriate filtering, aggregation, correlation, and enhancement transforms them into a format suitable for accounting, " called "detail records" ("DRs"). Id. at 1331-32 (internal quotation marks omitted). These "DRs can then be stored in a central repository for generating auditing, accounting and billing reports or "can be sent directly to other systems, " including billing systems." Id. at 1332 (internal quotation marks omitted). The three "patents are related, but each is directed to a different aspect of the subject matter." Id.

         1. The '065 Patent

         The "'065 patent describes the invention's primary function, which is the collection and transformation of network accounting records." Id. (internal quotation marks omitted). Amdocs accuses Openet of infringing independent claims 1, 7, and 13 and dependent claims 4 and 17 of this patent. The asserted claims recite:

1. A computer program product embodied on a computer readable storage medium for processing network accounting information comprising:
computer code for receiving from a first source a first network accounting record;
computer code for correlating the first network accounting record with accounting information available from a second source; and
computer code for using the accounting information with which the first network accounting record is correlated to enhance the first network accounting record.
4. The computer program product embodied on a computer readable storage medium of claim 3, wherein the accounting information is in the form of a second network accounting record.
7. A method of processing network accounting information comprising:
receiving from a first source a first network accounting record;
correlating the first network accounting record with accounting information available from a second source; and
using the accounting information with which the first network accounting record is correlated to enhance the first network accounting record.
13. A system for collecting data from network entities for a data consuming application, comprising:
a plurality of data collectors to receive information from the network entities and to produce records based on the information, each data collector in the plurality of data collectors being associated with and coupled to a different one of the network entities; and
an enhancement component that augments data in one of the records produced by one of the plurality of data collectors with data from a different one of the records produced by another of the plurality of data collectors.
17. The system of claim 13, further comprising:
a module coupled to the plurality of data collectors, the module receives the records produced by the plurality of data collectors for aggregation purposes, and wherein the enhancement component resides in the module.

         2. The '984 Patent

         The '984 patent describes "methods and computer program products for creating reports based on the generated DRs, and for sending alerts based on those reports. The asserted claims also include limitations that describe in detail the core collection and conversion of network usage records." Id. at 1333 (internal quotation marks omitted).

         Amdocs asserts independent claims 1 and 13 and dependent claims 2, 6, and 8 of the '984 Patent. These asserted claims recite:

         1. A method for reporting on the collection of network usage information from a plurality of network devices, comprising:

(a) collecting network communications usage information in real-time from a plurality of network devices at a plurality of layers utilizing multiple gatherers each including a plurality of information source modules each interfacing with one of the network devices and capable of communicating using a protocol specific to the network device coupled thereto, the network devices selected from the group consisting of routers, switches, firewalls, authentication servers, web hosts, proxy servers, netflow servers, databases, mail servers, RADIUS servers, and domain name servers, the gatherers being positioned on a segment of the network on which the network devices coupled thereto are positioned for minimizing an impact of the gatherers on the network;
(b) filtering and aggregating the network communications usage information;
(c) completing a plurality of data records from the filtered and aggregated network communications usage information, the plurality of data records corresponding to network usage by a plurality of users;
(d) storing the plurality of data records in a database;
(e) allowing the selection of one of a plurality of reports for reporting purposes;
(f) submitting queries to the database utilizing the selected reports for retrieving information on the collection of the network usage information from the network devices; and
(g) outputting a report based on the queries.

         2. A method as recited in claim 1, and further comprising submitting network activity queries to the database utilizing the selected reports for retrieving information on activity of the network.

         6. A method as recited in claim 2, and further comprising generating an alert upon the occurrence of an event.

         8. A method as recited in claim 6, wherein the alert indicates that services should be ceased.

         13. A computer program product embedded into computer readable medium for reporting on the collection of network usage information from a plurality of network devices, comprising:

(a) computer code for collecting network communications usage information in real-time from a plurality of network devices at a plurality of layers utilizing multiple gatherers each including a plurality of information source modules each interfacing with one of the network devices and capable of communicating using a protocol specific to the network device coupled thereto, the network devices selected from the group consisting of routers, switches, firewalls, authentication servers, web hosts, proxy servers, netflow servers, databases, mail servers, RADIUS servers, and domain name servers, the gatherers being positioned on a segment of the network on which the network devices coupled thereto are positioned for minimizing an impact of the gatherers on the network;
(b) computer code for filtering and aggregating the network communications usage information;
(c) computer code for completing a plurality of data records from the filtered and aggregated network communications usage information, the plurality of data records corresponding to network usage by a plurality of users;
(d) computer code for storing the plurality of data records in a database;
(e) computer code for allowing the selection of one of a plurality of reports for reporting purposes;
(f) computer code for submitting queries to the database utilizing the selected reports for retrieving information on the collection of the network usage information from the network devices; and
(g) computer code for outputting a report based on the queries.

         3. The '797 Patent

         Finally, the '797 Patent differs from the other patents by concentrating on the structure of the DRs. Id. at 1335. Amdocs asserts independent claims 1, 7, and 19 and dependent claims 2 and 8, which recite:

1. A method for generating a single record reflecting multiple services for accounting purposes, comprising:
(a) identifying a plurality of services carried out over a network;
(b) collecting data describing the plurality of services; and
(c) generating a single record including the collected data, wherein the single record represents each of the plurality of services.
2. The method as recited in claim 1, and further comprising sending the single record to a Business Support System.
7. A computer program product embedded into computer readable medium for generating a single record reflecting multiple services for accounting purposes, comprising:
(a) computer code for identifying a plurality of services carried out over a network;
(b) computer code for collecting data describing the plurality of services; and
(c) computer code for generating a single record including the collected data, wherein the single record represents each of the plurality of services;
wherein the services include at least two services selected from a group consisting of a hypertext transfer protocol (HTTP) session, an electronic mail session, a multimedia streaming session, a voice over Internet Protocol (IP) session, a data communication session, an instant messaging session, a peer-to-peer network application session, a file transfer protocol (FTP) session, and a telnet session;
wherein the data is collected utilizing an enhancement procedure defined utilizing a graphic user interface by:
listing a plurality of available functions to be applied in real-time prior to end-user reporting,
allowing a user to choose at least one of a plurality of fields, and
allowing the user to choose at least one of the listed functions to be applied to the chosen field in real-time prior to the end-user reporting.
8. The computer program product as recited in claim 7, and further comprising computer code for sending the single ...

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