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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No.: 1-20-cv-22051- CIV-GAYLES/OTAZO-REYES

SISVEL INTERNATIONAL S.A.,

3G LICENSING S.A., AND SISVEL 

S.P.A.,

Plaintiffs,

v.

HMD AMERICA, INC. AND HMD 

GLOBAL OY,

Defendants.

PLAINTIFFS’ SUPPLEMENTAL CLAIM CONSTRUCTION BRIEF

Case 1:20-cv-22051-DPG Document 122 Entered on FLSD Docket 10/19/2021 Page 1 of 6
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TABLE OF CONTENTS

I. ARGUMENT ..................................................................................................... 1

A. ’396 Patent: “detected as missed”................................................................... 1

B. ’653 Patent: “control means connected with the receiving means adapted to 

control the data transmission rate based on the data rate control command” ....... 3

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I. ARGUMENT

Subsequent to the claim construction hearing, the parties and Special Master 

exchanged a series of emails resulting in a round of supplemental briefing on 

issues outstanding from the claim construction hearing held on October 7, 2021. 

Plaintiffs’ supplemental arguments and clarifications follow.

A. ’396 Patent: “detected as missed”

During the claim construction hearing, an issue arose concerning claim 2 of 

the ’396 patent and its consistency with claim 1. Specifically, during the hearing, 

there was discussion regarding whether claim 2 of the ’396 patent recited a method 

of detecting a missed PDU block by way of receiving a PDU with a sequence 

number that is larger than the previous PDU block. (Ex. D.I. 122-1 at 172:1-

191:25.) Initially, both Plaintiffs and the Special Master understood claim 2 to so 

read. (Id. at 188:2-190:1.) However, upon more thorough review, Plaintiffs no 

longer assert that claim 2 concerns how to detect a missed PDU. Rather, Plaintiffs 

are now of the same opinion voiced by Defendants during the oral argument: claim 

2 is substantive because it says “when” a PDU block is detected as missed. (See

Id. at 182:14-183:21.)

Claim 2 recites that a “data block is detected as missed when a sequence 

number (SN) of a currently received data block is larger than a SN of a previously 

received data block.” (D.I. 51-6 at claim 2.) When read as a method for 

determining how a PDU is detected as missed, then claim 2 would indeed appear to

Case 1:20-cv-22051-DPG Document 122 Entered on FLSD Docket 10/19/2021 Page 3 of 6
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be inconsistent with Figure 12. Following the logic of this reading of claim 2, a 

jitter timer would start after every receipt of a sequential block, as a hypothetical 

PDU2 would have a higher sequence number than an immediately preceding 

PDU1—undermining the very purpose of claim 1, from which claim 2 depends.

However, this is not what the Patentee intended, and reference to Figure 12 

is instructive. At point (1) of Figure 12, PDU3 has a higher sequence number than 

the PDU before it, and therefore that is the point the missing PDU2 is detected.

(Id. at Fig. 12.) Consistent with claim 2, this is also the time that the jitter timer 

begins. The jitter timer ends at point (2) when PDU2 is received thereby resolving 

the missing data block. (Id. at Fig. 12.) Similarly, at point (3) of Figure 12, PDU7 

has a higher sequence number than the PDU before it, and therefore that is the 

point the missing PDU6 is detected. (Id.)

When PDU2 is finally received, it is out of sequential order and not the next 

sequential PDU. (Id. at Fig. 12.) Under proper operation, the next PDU should be

PDU5; when PDU2 is received, PDU5 is missing. (See id. at Fig. 12.) Claim 2 

teaches that PDU5 is not detected as missing at that point (point (2)) because the 

sequential number of the PDU received, PDU2, is not higher than the previous 

PDU, PDU4, and thus no jitter timer starts. (See id. at Fig. 12, claim 2.)

During the oral argument, an issue arose regarding what a version of a 

hypothetical Figure 12a, representing claim 2, might look like. (Id. at 189:10-14.) 

Plaintiffs would like to clarify: as discussed above, Figure 12 covers claim 2.

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Thus, Plaintiffs respectfully submit that claims 1 and 2 are consistent with each 

other since claim 2 teaches when the detection occurs, not how to detect a missed 

PDU. This is also consistent with Plaintiffs’ claim that the specification contains a 

typographical error since, as discussed during oral argument, Figure 12 never 

receives PDU6.

B. ’653 Patent: “control means connected with the receiving means 

adapted to control the data transmission rate based on the data 

rate control command”

Plaintiffs wish to also confirm in a written submission the precise citations 

for Plaintiffs’ proposal regarding the relevant algorithm for this term, should the 

Court determine that an algorithm is required.

Plaintiffs’ proposed algorithm is set forth in the ’653 patent specification at 

6:4-14 and 8:44-46, appearing on pages 15-16 of Plaintiffs’ Opening Brief and 

pages 5 & 20 of Plaintiffs’ Responsive Brief. Additional support for the algorithm 

(but not the algorithm itself) may be found at the following locations:

• The ’653 Patent at Fig. 4, boxes 41-44 (cited at page 16 of Plaintiffs’

Opening Brief and page 20 of Plaintiffs’ Responsive Brief).

• The ’653 Patent at Fig. 2, boxes 21-24 (cited at pages 15-16 of Plaintiffs’

Opening Brief).

Case 1:20-cv-22051-DPG Document 122 Entered on FLSD Docket 10/19/2021 Page 5 of 6
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Dated: October 19, 2021 /s/Jorge Espinosa/

Jorge Espinosa, Esq.

Florida Bar No: 779032

jorge.espinosa@gray-robinson.com

Francesca Russo, Esq.

francesca.russo@gray-robinson.com

Robert R. Jimenez, Esq.

robert.jimenez@gray-robinson.com

GRAY | ROBINSON, P.A.

333 S.E. 2nd Ave., Suite 300

Miami, FL 33131

Tel: 305-416-6880

Fax: 305-416-6887

Attorneys for Plaintiffs

SISVEL INTERNATIONAL S.A.,

3G Licensing, S.A., and SISVEL S.p.A

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