convention no there are actually i think they serve the purpose of maximizing and officially using families to get data up to a base station so you can connect to the world but they come out of it in two different just want to be clear because it seems to be getting used to different ways and you're talking about yourself i'm talking about the communication chip that sits in the phone that takes data from the application processor video voice did she was if the device wants to connect to the outside world for you and me and it uses a communications chip that sits in the phone that is what the claims are called either a subscriber radio unit where the term c p is also use officially into a p d two truck at the radio unit to take the data on one or more ul connections which is what the sixty four was focused on up to the base station so really they're looking at different points  arguments if you go to the summary judgment order j t for line twenty six to j five lying one with respect court i'm quoting from the decision with respect to the the newly produced evidence again notwithstanding the waiver argument raised by apple beloved and finds it does not demonstrate the construction of your love connection is clearly erroneous so the court did consider the issue below did not find a waiver and so we have a position that was considered but was unsuccessful so under the law for trading and other parties from this court there will be away from the judge also went through the the factor considerations for whether to entertain  new infringement theory by this new construction we actually are not we have always taken the position always that the you out connections are not the user connections from the process or the pumps out dated to the radio the communication ship from the radio unit up to the base station always and those connections are actually called radio carriers we point to a data radio where the you know a connection for your data from the radio unit to the base station and a control  judgment brief it's opening recent j one three six lines thirteen to sixteen while lance infringement theory focuses on the transmission of data from the accused products to the to the sally or the network in uplink direction i e from the mobile device radio unit to the base station for they understood all along we were focusing our freshman theory on the u l connection the uplink connection from the radio unit to the base station well connections again the uplink connections to the base station always been our theory when the courts construction came down it required and that they originate from an end user we then extended back the origin for the all connection that started in the radio opposite of a station we said they extend back and get their data from the end user and the court said no you have to show a connection this weekend at the end user process or the application process or your phone and then have the radio a single specify connection it's important to recognize that on reconsideration before the district court the court found that the there are two invited us disclosed in the zero four zero pac one where the  one end user and one specify connection or multiple specified connections doesn't matter because i'm still practicing the invention and that's why the court acknowledged that you can have to embody that so i can have a c node whatever the term is you want to call that depends on the claim serving the needs of multiple users in each case it will take data from each one pack the user's data into up in you and send it up to the  specified connections bus connection that's why we say one based on the priority of the connection and this is the priority of the connection the claim does not say anything about what their party has to be relative to  correct your honor but i think it's important to recognize on page thirty three when they talk about the control connections the priority is based on quality of service q o s priority patterns all about that one connection has to have a certain bit rate that's higher than another connection quality of service so when they talk about the control connections here on page thirty three out of our  see the connection the two connections are used to allow differentiated levels of q o s be applied to different connections carrying management traffic so it's talking about the control connections the management traffic having a reference provisional application refers to the y max standard in the uk triple the standards out there that information was not included in the specification at all and it doesn't really relate to a separate control channel being the any shame that the material part least on waiver never much i'm going to go ahead and address the merits and then the next why is that not different from goldenbridge and why is that not a situation in which we can't rely on a finding a waiver made by the district think the courts construction of the local actions is perfectly in line with the specification the whole point of this of this invention and i think that's that's why that they're there their argument fails here the point of the specification over and over again is that the users are going to have varying fan with demands and in this case we're talking about a sort of your intermediary system an intermediary device that negotiates spam with the users those users could be individuals with the telephone that could be somebody first because it can have bursts of data that it needs it doesn't need a constant data rate those of the different qualities of service that there's an intermediary device is negotiating with the different different users so that the patent talks about the intermediary device getting bandwidth and then figuring out whether to use the bandwidth in the way to the originally intended when it requested it or to use a van within a different way depending on sort of change parameters from its various user connections that is to say maybe some more recent requests came in with a higher urgent priority exactly exactly right and that's and that's the point of the invention is that you have a really eerie device that it works it's sort of a clearinghouse for requests fan with from the days station and allocates it to its various you use your connections it know in the phrase a play connection in any and you're right you're on a benefit that does appear to be a difficult language but the issue here really is twofold one we're talking about uplink transmissions and this section is talking about the background of the of the invention is talking about prior art it's using subscriber units and a different way than we're using scrabble unit within the claims getting confused about that i guess wondering about this term wireless radios subscribers unit i mean to me when i first read plan sounded like over talking about the cell phone and then on the camp for a while but i figure out ok they're using a term that i would have thought meant the end user cell phone and they're really talking about something that's an intermediary now maybe or intermediary in the about transmissions from the subscriber unit to the base ition are commonly referred to as uplink transmissions i mean when uses the phrase commonly referred to it's like the background knowledge in this area and uplink is not between an and its users because the idea behind the pattern is you get bandwidth from the base station and you prioritize these connections so those connections are uplink connections they may not be the complete uplink paths but they're certainly uplink connections that need to be prioritize communication radio unit and wireless subscriber radio unit and to mean the same thing so the world is communication radio unit and where the subscriber radio unit are this intermediary device council in its  far as i can see between the c p and the end use we're talking about yes we're talking about giving it out that giving that bandwidth to the to the various connections so i'm not seeing why that passage tells me that the plane connections  being accomplished here what the entire purpose of this is for an users to be able to make a request and get the bandwidth from the base station in order to do that and also the data requests have various priority huge not necessarily just like your package goes to the fed ex or to get on the plane but the uplink connection and the employee pam with are about the service but the chipset communication chip provides it is data streams up to the base station first then whatever comes next maybe email then those medium priority levels data transmission go next and so on and so forth why don't understand why you have there's a single physical connect channel wireless channel and you get a frame because think of it like a truck it will have a certain size to it and then depending on the priority the c p o radio unit will pack the video data in first