EXHIBIT 3 

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 1 of 32
1

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

WSOU INVESTMENTS LLC D/B/A 

BRAZOS LICENSING AND 

DEVELOPMENT,

 Plaintiff,

v. 

ZTE CORPORATION, ZTE (USA) INC. 

AND ZTE (TX), INC.,

 Defendants.

§

§

§

§

§

§

§

§

§

§

§

§

§

C.A. NO. 6:20-cv-00487-ADA

C.A. NO. 6:20-cv-00488-ADA

C.A. NO. 6:20-cv-00489-ADA

C.A. NO. 6:20-cv-00490-ADA

C.A. NO. 6:20-cv-00491-ADA

C.A. NO. 6:20-cv-00492-ADA

C.A. NO. 6:20-cv-00493-ADA

C.A. NO. 6:20-cv-00494-ADA

C.A. NO. 6:20-cv-00495-ADA

C.A. NO. 6:20-cv-00496-ADA

C.A. NO. 6:20-cv-00497-ADA

DEFENDANTS’ PROPOSED CLAIM CONSTRUCTIONS AND DISCLOSURE OF 

EXTRINSIC EVIDENCE

Pursuant to the Court’s First Amended Scheduling Order (Dkt. No. 45),

1 Defendants ZTE 

Corporation, ZTE (USA) Inc., and ZTE (TX), Inc. (collectively “ZTE”) hereby serves its 

proposed claim constructions and extrinsic evidence disclosures to WSOU Investments LLC 

D/B/A Brazos Licensing and Development (“WSOU”) as to the Asserted Claims2 of U.S. Patent 

No. 8,451,839 (the “’839 Patent”), U.S. Patent No. 7,489,929 (the “’929 Patent”), U.S. Patent 

No. 7,487,240 (the “’240 Patent”), U.S. Patent No. 8,179,960 (the “’960 Patent”), U.S. Patent 

No. 8,730,905 (the “’905 Patent”), U.S. Patent No. 8,147,071 (the “’071 Patent”), U.S. Patent 

No. 9,294,060 (the “’060 Patent”), U.S. Patent No. 9,185,036 (the “’036 Patent”), U.S. Patent 

No. 9,258,232 (the “’232 Patent”), U.S. Patent No. 7,742,534 (the “’534 Patent”), and U.S. 

Patent No. 7,203,505 (the “’505 Patent”) (collectively, the “Asserted Patents”).

1 There are 11 pending cases. Citations throughout refer to new WDTX Case Nos. -00487 through -00497, and 

specific citations reference to the docket for WDTX Case No. -00487. 2 The “Asserted Claims” as identified by WSOU in its November 3, 2020 Disclosures of Preliminary Infringement 

Contentions.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 2 of 32
2

Defendants propose the following claim constructions for the Asserted Claims of the 

Asserted Patents. Defendants also incorporate by reference all claim terms / limitations 

identified in their invalidity contentions as being indefinite under indefinite under 35 U.S.C. § 

112 ¶ 2 (see Invalidity Contentions, Section IX.B as served on January 6, 2021), and as lacking 

enablement and written support under indefinite under 35 U.S.C. § 112 ¶ 1 (see Invalidity 

Contentions, Section IX.A as served on January 6, 2021).

Defendants expressly reserve the right to supplement, amend, or otherwise modify their 

list of terms in any way permitted by the Federal Rules of Civil Procedure and this Court’s Local 

Rules and Patent Rules, or in response to Plaintiff WSOU’s identification of terms and elements. 

Defendants provide this disclosure based upon information reasonably known and available to 

Defendants at this time. To the extent that WSOU shows good cause and is permitted to amend 

or supplement its infringement contentions in the future, or otherwise changes or further clarifies 

the positions it has taken in this case (including to add or to change in any way the claim(s) 

currently asserted, or to modify its apparent interpretation of the scope of the claim(s)), 

Defendants reserve the right to respond.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 3 of 32
3

Means-Plus-Function Terms

Asserted 

Claim

Claim Term Preliminary Proposed Construction Extrinsic Evidence 

Support

’505 Claim 

14 

“a data message receiver to receive 

data from a first terminal device”

Governed by 35 U.S.C. § 112(f)

Function: receiving data from a first terminal device 

Indefinite under 35 U.S.C. § 112(b); specification 

fails to describe it

Structure: none disclosed

None.

’505 Claim 

14

“a formatter to format the received 

data into at least one SMS (Short 

Message Service) message”

Governed by 35 U.S.C. § 112(f)

Function: formatting the received data into at least 

one SMS (Short Message Service) message 

Indefinite under 35 U.S.C. § 112(b); specification 

fails to describe it

Structure: none disclosed

None.

’505 Claim 

14

“a transmitter to transmit the at least 

one SMS message to the second, 

remotely located, terminal device 

through a cellular network 

connection”

Governed by 35 U.S.C. § 112(f)

Function: transmitting the at least one SMS message 

to the second, remotely located, terminal device 

through a cellular network connection 

Indefinite under 35 U.S.C. § 112(b); specification 

fails to describe it

Structure: none disclosed

None.

’534 Claim 1 “transmitting user data between a 

transmitter and a receiver in a multicarrier radio communication system 

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language

Indefinite under 35 U.S.C. § 112(b)

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 4 of 32
4

having a plurality of orthogonal 

frequency sub-carriers,”

Structure for transmitter: a base station of an 

OFDMA system set forth in ’534 specification, 

5:33-35.

Structure for receiver is a terminal of an OFDMA 

system set forth in ’534 specification, 5:53-55.

’534 Claim 1 “at the receiver, determining quality 

levels for said sub-carriers;”

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language

Indefinite under 35 U.S.C. § 112(b)

Structure for receiver is a terminal of an OFDMA 

system set forth in ’534 specification, 5:53-55.

None.

’534 Claim 1 “sending said quality levels from said 

receiver to said transmitter;”

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language

Indefinite under 35 U.S.C. § 112(b)

Structure for transmitter: a base station of an 

OFDMA system set forth in ’534 specification, 

5:33-35.

Structure for receiver is a terminal of an OFDMA 

system set forth in ’534 specification, 5:53-55.

None.

’534 Claim 1 “selecting, based on said quality 

levels, a set of sub-carriers on which 

said user data is to be transmitted 

between said transmitter and said 

receiver,”

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language

Indefinite under 35 U.S.C. § 112(b)

Structure for transmitter: a base station of an 

OFDMA system set forth in ’534 specification, 

5:33-35.

Structure for receiver is a terminal of an OFDMA 

system set forth in ’534 specification, 5:53-55.

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 5 of 32
5

’534 Claim 1 “from said transmitter, before 

transmission of said user data, sending 

an indication related to a threshold, 

said indication and said quality levels 

enabling said receiver to deduce said 

set of sub-carriers on which said user 

data is to be transmitted;”

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language

Indefinite under 35 U.S.C. § 112(b)

Structure for transmitter: a base station of an 

OFDMA system set forth in ’534 specification, 

5:33-35.

None.

’534 Claim 1 “at said receiver, selecting said set of 

sub-carriers on which said user data is 

to be transmitted as a function of said 

indication and of said quality levels.”

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language

Indefinite under 35 U.S.C. § 112(b)

Structure for receiver is a terminal of an OFDMA 

system set forth in ’534 specification, 5:53-55.

None.

’534 Claim 6 “An apparatus to facilitate 

communication of user data in a multicarrier radio communication system 

having a plurality of orthogonal 

frequency sub-carriers, the apparatus 

comprising”

Governed by 35 U.S.C. § 112(f)

Indefinite under 35 U.S.C. § 112(b); 

Structure: none disclosed

None.

’534 Claim 6 “means for selecting a set of subcarriers from the plurality of subcarriers on which user data is to be 

communicated from a transmitter to a 

receiver, said selecting based at least 

in part on at least one of sub-carrier 

quality levels and a threshold 

indication associated with sub-carriers, 

said quality levels communicated from 

the receiver to the transmitter and said 

threshold indication communicated 

from the transmitter to the receiver;”

Governed by 35 U.S.C. § 112(f)

Function: selecting a set of sub-carriers from the 

plurality of sub-carriers on which user data is to be 

communicated from a transmitter to a receiver

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 6 of 32
6

’534 Claim 6 “means for selecting said set of subcarriers on which said user data is to 

be received from said transmitter”

Governed by 35 U.S.C. § 112(f)

Function: selecting the set of sub-carriers on which 

the user data is to be received from the transmitter

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’534 Claim 6 “means for determining quality levels 

for sub-carriers”

Governed by 35 U.S.C. § 112(f)

Function: determining quality levels for sub-carriers

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’534 Claim 6 “means for sending said quality levels 

to said transmitter”

Governed by 35 U.S.C. § 112(f)

Function: sending the quality levels to the

transmitter

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’534 Claim 6 “means for receiving and storing said 

threshold indication from said 

transmitter, said threshold indication 

and said quality levels enabling said 

receiver to deduce said set of subcarriers on which said user data is to 

be received”

Governed by 35 U.S.C. § 112(f)

Function: receiving and storing the threshold 

indication from the transmitter, the threshold 

indication and the quality levels enabling the 

receiver to deduce the set of sub-carriers on which 

the user data is to be received

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’534 Claim 

11

“means for reading the threshold 

indication on at least one sub-carrier 

Governed by 35 U.S.C. § 112(f) None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 7 of 32
7

of the selected set of sub-carriers after 

detecting a specific identifier 

associated with the receiver on said at 

least one sub-carrier” 

Function: reading the threshold indication on at least 

one sub-carrier of the selected set of sub-carriers 

after detecting a specific identifier associated with 

the receiver on the at least one sub-carrier

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’534 Claim 

13

“means for selecting said set of subcarriers on which said user data is to 

be transmitted to said receiver”

Governed by 35 U.S.C. § 112(f)

Function: selecting the set of sub-carriers on which 

the user data is to be transmitted to the receiver

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’534 Claim 

13

“means for receiving said quality 

levels from said receiver”

Governed by 35 U.S.C. § 112(f)

Function: receiving the quality levels from the 

receiver

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’534 Claim 

13

“means for sending said threshold 

indication to said receiver, said 

threshold indication and said quality 

levels enabling said receiver to deduce 

the set of sub-carriers on which said 

user data is to be transmitted”

Governed by 35 U.S.C. § 112(f)

Function: sending the threshold indication to the 

receiver, 

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’232 Claim 

14 

“instructions for receiving, by a 

controller of the traffic flow control 

system, a backpressure signal, wherein 

the back pressure signal indicates a 

period of congestion”

Governed by 35 U.S.C. § 112(f)

Function: receiving, by a controller of the traffic 

flow control system, a backpressure signal, wherein 

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 8 of 32
8

the back pressure signal indicates a period of 

congestion 

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’232 Claim 

14

“instructions for determining, by the 

controller of the traffic flow control 

system, at least one weighting factor 

to be applied to the flow of data 

packets based on the received 

backpressure signal”

Governed by 35 U.S.C. § 112(f)

Function: determining, by the controller of the 

traffic flow control system, at least one weighting 

factor to be applied to the flow of data packets based 

on the received backpressure signal

Indefinite under 35 U.S.C. § 112(b); 

Structure: none disclosed

None.

’232 Claim 

14

“instructions for adjusting an amount 

of rate limiting applied to at least a 

portion of the flow of data packets 

based on both the determined at least 

one weighting factor and a content of 

the backpressure”

Governed by 35 U.S.C. § 112(f)

Function: adjusting an amount of rate limiting 

applied to at least a portion of the flow of data 

packets based on both the determined at least one 

weighting factor and a content of the backpressure

Indefinite under 35 U.S.C. § 112(b); 

Structure: none disclosed

None.

’232 Claim 

14

“instructions for execution by a traffic 

flow control system for performing 

flow control on a flow of data packets 

for transmission over a link”

Governed by 35 U.S.C. § 112(f)

Function: execution by a traffic flow control system 

for performing flow control on a flow of data 

packets for transmission over a link

Indefinite under 35 U.S.C. § 112(b); Structure: none 

disclosed

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 9 of 32
9

’232 Claim 1 “A method performed by a traffic flow 

control system for performing flow 

control on a flow of data packets for 

transmission over a link, the method 

comprising”

Governed by 35 U.S.C. § 112(f)

Function: performing flow control on a flow of data 

packets for transmission over a link

Structure: a plurality of ingress buffers, plurality of 

rate limiters, a multiplexer, and a controller, as set 

forth in specification at 1:56-63

None.

’036 Claims 

1, 12

“method for controlling data flow in a 

network”

Governed by 35 U.S.C. § 112(f)

Function: controlling data flow in a network

Structure: a device as set forth in the specification at 

1:56-63.

None.

’036 Claims 

23, 24

“apparatus configured for controlling 

data flow in a network”

Governed by 35 U.S.C. § 112(f)

Function: controlling data flow in a network

Structure: a computing device comprising at least 

one central processing unit (CPU) connected to 

support circuits and memory as set forth in the 

specification at 6:6-12.

None.

’036 Claims 

1, 12, 23, 24

“congestion condition to enable 

thereby the control of at least one data 

flow in a manner tending to reduce the 

congestion condition”

Governed by 35 U.S.C. § 112(f)

Function: enable thereby the control of at least one 

data flow in a manner tending to reduce the 

congestion condition

Indefinite under 35 U.S.C. § 112(b)

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 10 of 32
10

Lacks Written description under 35 U.S.C. § 112(a);

Structure: none disclosed

’240 Claims

1, 6

“connectivity verification server to 

perform unattended connectivity 

verification jobs”

Governed by 35 U.S.C. § 112(f)

Function: perform unattended connectivity 

verification jobs

Indefinite under 35 U.S.C. § 112(b)

Alternative structure: Managed Object Server as set 

forth in the specification at 7:49-58.

None.

’839 Claim 1 “method, in an access device of the 

communication network, for managing 

route information” 

Governed by 35 U.S.C. § 112(f)

Function: managing route information

Structure: device as set forth in the specification at 

3:22-27.

None.

’839 Claim 6 “route management apparatus, in an 

access device of the communication 

network, for managing route 

information”

Governed by 35 U.S.C. § 112(f)

Function: managing route information

Structure: apparatus comprising a receiving means, a 

first obtaining means and a route maintenance 

means as set forth in the specification at 3:28-38.

None.

’839 Claim 6 “a receiver configured to receive an 

access response message from a 

server”

Governed by 35 U.S.C. § 112(f)

Function: receive an access response message from 

a server

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 11 of 32
11

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’839 Claim 6 “a first obtainer configured to obtain 

route-related information and a 

predefined using time from said access 

response message, said predefined 

using time indicating the using time of 

said route”

Governed by 35 U.S.C. § 112(f)

Function: obtain route-related information and a 

predefined using time from said access response 

message, said predefined using time indicating the 

using time of said route

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’839 Claim 6 “a route maintainer configured to 

update a route table based on said 

route-related information and said 

predefined using time”

Governed by 35 U.S.C. § 112(f)

Function: update a route table based on said routerelated information and said predefined using time

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’839 Claim 8 “a first judger configured to judge 

whether the route table item 

corresponding to said route-related 

information exists in said route table”

Governed by 35 U.S.C. § 112(f)

Function: judge whether the route table item 

corresponding to said route-related information 

exists in said route table

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’839 Claim 8 “a second judger configured to judge 

whether a remaining time of said route 

table item is shorter than said 

predefined using time if the first 

judger judges that the route table item 

corresponding to said route-related 

information exists in said route table”

Governed by 35 U.S.C. § 112(f)

Function: judge whether a remaining time of said 

route table item is shorter than said predefined using 

time if the first judger judges that the route table 

item corresponding to said route-related information 

exists in said route table

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 12 of 32
12

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’839 Claim 8 “an updater configured to update the 

remaining time of said route table item 

to said predefined using time if the 

first judger judges that the route table 

item corresponding to said routerelated information exists in said route 

table and the second judger judges that 

the remaining time of said route table 

item is shorter than said predefined 

using time”

Governed by 35 U.S.C. § 112(f)

Function: update the remaining time of said route 

table item to said predefined using time if the first 

judger judges that the route table item corresponding 

to said route-related information exists in said route 

table and the second judger judges that the 

remaining time of said route table item is shorter 

than said predefined using time

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’839 Claim 8 “a creator configured to create the 

route table item corresponding to said 

route-related information if the first 

judger judges that no route table item 

corresponding to said route-related 

information exists in said route table”

Governed by 35 U.S.C. § 112(f)

Function: create the route table item corresponding 

to said route-related information if the first judger 

judges that no route table item corresponding to said 

route-related information exists in said route table

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’839 Claim 9 “a second obtainer configured to 

obtain correlated information of said 

route table item and a virtual local 

area network”

Governed by 35 U.S.C. § 112(f)

Function: obtain correlated information of said route

table item and a virtual local area network

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’905 Claim 6 “receiving, from a first wireless 

communication apparatus in a second 

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language 

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 13 of 32
13

communication apparatus, a 

reservation request message 

instructing the second wireless 

communication apparatus to reserve at 

least one additional frequency band 

for the first wireless communication 

apparatus during a transmission period 

of the first wireless communication 

apparatus, the at least one additional 

frequency band being requested for 

use by the first wireless 

communication apparatus while 

transmitting data on a first frequency 

band, wherein the transmission period 

is a transmission opportunity for a 

wireless local area network;”

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’905 Claim 6 “monitoring for availability of the at 

least one additional frequency band 

during the transmission period of the 

first wireless communication 

apparatus”

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language 

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

’905 Claim 6 “in response to detection of 

availability of the at least one 

additional frequency band during the 

transmission period of the first 

wireless communication apparatus, 

causing transmission of a reservation

response message to the first wireless 

communication apparatus, wherein the 

reservation response message 

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language 

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 14 of 32
14

indicates that said at least one 

additional frequency band is available 

for the first wireless communication 

apparatus to use in transmission 

during the transmission period of the 

first wireless communication 

apparatus to enable the first wireless 

communication apparatus to increase 

the bandwidth of transmission to 

comprise the first frequency band and 

the at least one additional frequency 

band so that the first wireless 

communication apparatus transmits 

data during the transmission period on 

a transmission band having increased 

bandwidth greater than that of the first 

frequency band.”

’071 Claim 1 “a processor for providing image data 

signalling to a projector, the image 

data signalling representing an image 

to be projected by the projector”

Governed by 35 U.S.C. § 112(f)

Function: providing image data signalling to a 

projector, the image data signalling representing an 

image to be projected by the projector

Structure: an integrated circuit chip customized for a 

particular use as set forth in the specification at 

4:37-39.

None.

’071 Claim 

14

“computer program code configured 

to, when executed by one or more 

processors, cause an apparatus to 

perform at least: receiving movement 

signalling associated with movement 

of a projector; and providing image 

Governed by 35 U.S.C. § 112(f)

Function: executing computer program code 

configured to cause an apparatus to perform (1) 

receiving movement signalling associated with 

movement of a projector; and (2) providing image 

None.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 15 of 32
15

data signalling to the projector based 

on received movement signalling, 

wherein the movement signalling 

provides an indication of one or more 

movement criterion of the projector, 

the movement criterion representing 

one or more of displacement and 

movement speed of the projector, and 

wherein the processor is configured to 

discriminate a movement criterion and 

to provide associated image data 

signalling to project associated image 

data.”

data signalling to the projector based on received 

movement signalling, wherein the movement 

signalling provides an indication of one or more 

movement criterion of the projector, the movement 

criterion representing one or more of displacement 

and movement speed of the projector, and wherein 

the processor is configured to discriminate a 

movement criterion and to provide associated image 

data signalling to project associated image data

Indefinite under 35 U.S.C. § 112(b)

Structure: None disclosed

Other Terms

Asserted 

Claim

Claim Term Preliminary Proposed Construction Extrinsic Evidence 

Support

’505 Claim 1 “data synchronization” Bringing a data file of a source device and a data 

file of a target device to the same value.

Wiley-IEEE 

Hargrave’s 

communications 

dictionary

’505 Claims

1, 14, 23

“remotely located” A device that is unable to connect via local area 

network to a host device.

Wiley-IEEE 

Hargrave’s 

communications 

dictionary

’505 Claims

1, 14, 23

“[first/second/intermediate] terminal 

device”

A device with limited computing power. Wiley-IEEE 

Hargrave’s 

communications 

dictionary

’505 Claims

1, 23

“formatting” Indefinite under 35 U.S.C. § 112(b) Wiley-IEEE 

Electrical and 

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 16 of 32
16

Lack of Written description under 35 U.S.C. § 

112(a)

Electronics 

Engineering 

Dictionary

’505 Claim 

14

“formatter to format” Indefinite under 35 U.S.C. § 112(b)

Lack of Written description under 35 U.S.C. § 

112(a)

’505 Claim 

14

“transmitter to transmit” Indefinite under 35 U.S.C. § 112(b)

Lack of Written description under 35 U.S.C. § 

112(a)

’505 Claim

14

“data message receiver” Indefinite under 35 U.S.C. § 112(b)

Lack of Written description under 35 U.S.C. § 

112(a)

’505 Claims

1, 14, 23

“SMS (Short Message Service)” Cellular based messages of limited size consisting 

of text and numbers.

Wiley-IEEE 

Hargrave’s 

communications 

dictionary (with 

minor modification)

’505 Claims

1, 14, 23

“remotely located terminal device” A device that is unable to connect via local area 

network to a host device.

Wiley-IEEE 

Electrical and 

Electronics 

Engineering 

Dictionary (with 

minor modification)

’505 Claims

3, 14, 23

“mobile terminal device” A device that is unable to connect via local area 

network to a host device.

Wiley-IEEE 

Hargrave’s 

communications 

dictionary

’505 Claims

1, 14, 23

“cellular network connection” A device that is unable to connect via local area 

network to a host device.

Wiley-IEEE 

Electrical and 

Electronics 

Engineering 

Dictionary

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 17 of 32
17

’505 Claims

1, 23

“short-range connection” A connection between terminal devices using 

infrared or Bluetooth connection

’505 Claims

11, 14, 23

“short range communication link” Communication link between terminal devices 

using infrared or Bluetooth connection

’534 Claims 

1, 2, 4, 5, 6, 

7, 8, 9, 10, 

11, 13, 16, 

17, and 18

“carrier” A continuous frequency analog signal to be 

modulated and transferred over a communication 

channel.

Wiley-IEEE 

Electrical and 

Electronics 

Engineering 

Dictionary

Wiley-IEEE 

Hargrave’s 

communications 

dictionary

’534 Claims 

1, 6, 16

“orthogonal frequency sub-carriers” A multi-carrier network system in which the 

frequency separation between the sub-carriers is 

chosen so that the sub-carriers are orthogonal to one 

another (i.e. the data transmitted on one sub-carrier 

is not causing interference on the data sent on the 

other sub-carriers).

’534 Claims 

4, 7

“maximal number of sub-carriers” Indefinite under 35 U.S.C. § 112(b)

’534 Claims 

1, 2, 16

“as a function of said indication and of 

said quality levels”

Arranging the sub-carriers in quality level 

decreasing order and to select the sub-carriers 

starting with the sub-carrier having the highest 

quality level and continuing to select the subcarriers with decreasing quality level until the 

indication related to a threshold is reached.

’534 Claims 

1, 6, 13, 15, 

16, and 17

“transmitter” A base station of an OFDMA system.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 18 of 32
18

’534 Claims 

1, 6, 13, 15, 

16, and 17

“receiver” A terminal of an OFDMA system.

’534 Claim 5 “calculated at said receiver” Determining at a terminal a quality level for the 

sub-carriers of a multi carrier system.

’534 Claim 6 “radio link” A link without connecting wires Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’534 Claim 8 “signal-to-interference ratio” The ratio of the magnitude of a given parameter of 

the desired signal, to that of the same parameter for 

any interference present. 

Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’534 Claim 8 “bit error rate” Proportion of erroneously transmitted or received 

bits. 

Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’534 Claims 

1, 2, 3, 5, 6, 

7, 8, 9, 13, 

16, and 17

“quality level” One of a signal-to-interference ratio, a bit error rate, 

or a modulation scheme.

’929 Claims 

1, 3, 8, 10, 

and 15

“handoff” / “determining if a handoff 

is desired”

Connection to mobile device is handed-over from 

base station to another base station without breaking 

the connection. 

Wiley-IEEE 

Hargrave’s 

communications 

dictionary

’929 Claims 

1, 6, and 11

“serving base station” A base station currently serving a mobile station.

’929 Claims 

1, 2, 3, 4, 6, 

9, 11, and 13 

“target base station” A base station to which a handoff of a mobile 

station to be performed.

’929 Claims 

1, 2, 3, 4, 6, 

9, 11, and 13

“link” / “establishing a new link” / 

“existing link” / “initiating a new 

link” / “releasing the existing link”

A communication link between a base station and a 

mobile station, the communication link including 

one or more communication channels.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 19 of 32
19

’929 Claim 1 “achieving uplink synchronization” Matching a mobile station's clock and data timing to 

the same clock and data timing of a base station.

Wiley-IEEE 

Hargrave’s 

communications 

dictionary (with 

minor modification)

’929 Claim 1 “processed the transmitted active set 

update message”

Updating the active set to replace an existing 

communication link with a new communication 

link.

’929 Claim 8 “measurement reports” Values reported from a mobile station that contain 

information about channel quality. Measurement 

reports assist the network in making handover and 

power control decisions.

E1968A, E6701H, 

E6704A 

GSM/GPRS/EGPRS 

User's Guide 

(keysight.com)

’929 Claim

11

“buffering bearer traffic” During a handoff process, all data from the mobile 

station is buffered at the mobile station or all data at 

the network side is buffered at the network side 

until the handoff process is complete.

’929 Claim 

14

“characteristic” Indefinite under 35 U.S.C. § 112(b)

’929 Claim 

14

“replacement hysteresis” Indefinite under 35 U.S.C. § 112(b) Optimal Timer 

Settings For The 

Soft Handover 

Algorithm in 

WCDMA | Request 

PDF 

(researchgate.net)

3GPP, ETSI TR 125 

922 v3.2.0 (2000-

06)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 20 of 32
20

’232 Claims 

1, 14

“flow control” Regulate movement of a series of data packets Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’232 Claims 

1, 14

“flow of data packets” Movement of a series of data packets Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’232 Claims 

1, 14

“transmission over a link” Indefinite under § 112(b)

’232 Claims 

1, 14

“backpressure signal” Lacks written description under 35 U.S.C. § 112(a)

’232 Claims 

1, 14

“period of congestion” Lack of written description under 35 U.S.C. § 

112(a)

’232 Claims 

1, 14

“weighting factor” An assignment of an amount of rate limiting 

between halting traffic and no rate limiting

’232 Claims 

1, 14

“indicates” Indefinite under 35 U.S.C. § 112(b).

’232 Claims 

1, 14

“the traffic flow control system” Indefinite under 35 U.S.C. § 112(b).

’232 Claim 

14

“a non-transitory machine-readable 

storage medium”

Lack of written description under 35 U.S.C. § 

112(a) 

’232 Claims 

1, 14

“rate limiting” Lack of written description under 35 U.S.C. § 

112(a).

Wiley Electrical and 

Electronics 

Engineering 

Dictionary 

’232 Claims 

1, 14

“content of the backpressure signal” Lack of written description under 35 U.S.C. § 

112(a) 

’036 Claims 

1, 6-10, 12, 

17-21, 23, 24

“data flow” / “to enable thereby the 

control of at least one data flow” / 

Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 21 of 32
21

“data flow is controlled” / “a data 

flow” / “the data flow”

’036 Claims 

1, 3, 12, 14, 

23, 24

“network” / “network node in the 

network” / “network node” / “one or 

more network nodes upstream of the 

congestion condition”

Indefinite under 35 U.S.C. § 112(b).

’036 Claims 

1, 12, 23, 24

“congestion condition” / “indication 

that a congestion condition exists”

Indefinite under 35 U.S.C. § 112(b).

’036 Claims 

1, 12, 23, 24

“in a manner tending to reduce the 

congestion condition” / “the 

congestion may be reduced”

Indefinite under 35 U.S.C. § 112(b)

’036 Claims 

1, 12, 23, 24

“queue” / “queue maximum 

occupancy is exceeded” / “queue 

maximum occupancy”

Indefinite under 35 U.S.C. § 112(b), and/or lacks 

written description under 112(a).

’036 Claims 

4, 15

“queue data drop rate” Indefinite under 35 U.S.C. § 112(b), and/or lacks 

written description under 112(a).

’036 Claims 

3, 14

“output link capability” Indefinite under 35 U.S.C. § 112(b).

’036 Claims 

1, 5, 6-9, 12, 

16, 18-20, 

23, 24

“data drop” / “data dropped” / “an 

amount of data dropped” / “a number 

of data drops over time” / “dropping”

“abandon packets” / “abandoned packets” / “an 

amount of packets abandoned” / “a number of 

packets abandoned over time” / “abandoning”

Meriam-Webster, 

see “drop/dropped;”

’036 Claims 

7, 8, 9, 18, 

19, 20

“those packets associated with the 

destination address” / “those packets 

associated with only the destination 

address” / “those packets associated 

with the source and destination 

addresses”

Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 22 of 32
22

’036 Claims 

9, 20

“the source address end-node being 

unknown”

Indefinite under 35 U.S.C. § 112(b)

’036 Claims 

1, 12, 23, 24

“end-node associated with the 

congestion condition”

Written description/enablement under 35 U.S.C. § 

112(a)

’036 Claims 

11, 22

“an indication of an inability to drop 

packets”

Indefinite under 35 U.S.C. § 112(b) and /or Written 

description/enablement under 35 U.S.C. § 112(a)

’036 Claims 

12, 17, 24

“the MAC address pair” / “the MAC 

address”

Indefinite under 35 U.S.C. § 112(b)

’036 Claims 

10, 11, 21, 

22

“in accordance with a Service Level 

Agreement” / “a Service Level 

Agreement”

Indefinite under 35 U.S.C. § 112(b)

’240 Claims 

1, 6, 13

“unattended connectivity verification 

jobs”

Indefinite under 35 U.S.C. § 112(b)

’240 Claims 

1, 6, 13

“verifying connectivity in the network 

relating to at least Layer-2 and Layer3 objects”

Indefinite under 35 U.S.C. § 112(b)

’240 Claims 

1, 6, 13

“a given containment hierarchy” Indefinite under 35 U.S.C. § 112(b)

’240 Claims 

1, 6

“the performing generates” Indefinite under 35 U.S.C. § 112(b)

’240 Claims 

1, 6, 13

“the comparison shows that at least 

one of the connectivity verification 

results has reached the specified 

connectivity verification threshold”

Lack of written description under 35 U.S.C. § 

112(a)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 23 of 32
23

’240 Claims 

1, 6, 13

“the containment hierarchy affected 

by the connectivity verification result”

Lack of written description/enablement under 35 

U.S.C. § 112(a)

’240 Claim 4 “alarm information” Lack of written description/enablement under 35 

U.S.C. § 112(a)

’240 Claim 7 “a pair of source and destination IP 

objects”

one pre-specified source IP managed entity object 

and one pre-specified destination IP managed entity 

object

’240 Claims 

1, 4, 6, 13, 

15

“display” / “displaying” Visually presenting data

’240 Claim 

16

“the displayed object is one of an OSI 

Layer 2 and an OSI Layer 3 object”

The displayed object is of both an OSI Layer 2 

object and an OSI Layer 3 object

’240 Claim 

16

“OSI Layer 3 object” Network layer device including routers and switches Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’240 Claim

16

“OSI Layer 2” Data link layer Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’240 Claims 

1, 6, 13

“connectivity verification threshold” Condition resulting from connectivity verification 

jobs assessing adherence to corresponding service 

level agreements

’240 Claims 

1, 6, 13

“Layer-2 objects” Data link layer Media Access Control device Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’240 Claims 

1, 6, 13

“Layer-3 objects” Network layer router Wiley Electrical and 

Electronics 

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 24 of 32
24

Engineering 

Dictionary

’240 Claims 

1, 6, 13

“define a connectivity verification 

job” / “defining a connectivity 

verification job”

Specifying connectivity verification parameters 

including the type and the number of connectivity 

verification tests to be performed

’240 Claim 

10

“specifying a threshold for at least one 

round of trip delay, jitter, and packet 

loss”

Lack of written description / enablement under 35 

U.S.C. § 112(a)

’240 Claims 

11, 18

“ping commands” Directive to send a packet to the desired address and 

await a response to determine whether an IP address 

is connected

Wiley Electrical and 

Electronics 

Engineering 

Dictionary

’240 Claims 

1, 6, 13

“the connectivity verification result[s] 

associated with the alarm”

Indefinite under 35 U.S.C. § 112(b)

’240 Claim 4 “selected connectivity verification 

results”

Indefinite under 35 U.S.C. § 112(b);

Lack of written description / enablement under 35 

U.S.C. § 112(a)

’240 Claims 

1, 6, 10, 13

“user-input specification” Lack of written description / enablement under 35 

U.S.C. § 112(a)

’240 Claim 5 “connectivity profile” / “a deviation 

from the connectivity profile” / “the 

results of each connectivity 

verification job are compared against 

a connectivity profile”

Indefinite under 35 U.S.C. § 112(b); enablement 

under 35 U.S.C. § 112(a).

’839 Claims 

1, 6, 11

“the communication network” Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 25 of 32
25

’839 Claims 

2, 4, 7, 9, 11, 

12

“said access device” Indefinite under 35 U.S.C. § 112(b)

’839 Claims 

1, 3, 6, 8, 11

“route” / “route-related information” Indefinite under 35 U.S.C. § 112(b).

’839 Claims 

1, 6, 11

“using time” Claim 6: Indefinite for lack of antecedent basis 

under 35 U.S.C. § 112(b).

“lease time”

’839 Claims 

4, 9

“said virtual local area network 

configuration is employed between 

said access device and each marginal 

routers connected with said access 

device”

Indefinite under 35 U.S.C. § 112(b).

’839 Claims 

4, 9

“said virtual local area network 

configuration”

Indefinite under 35 U.S.C. § 112(b).

’839 Claims 

5, 10

“said access response message refers 

to a dynamic host configuration 

protocol message” / “said access 

response message refers to a dynamic 

host configuration protocol” 

Indefinite under 35 U.S.C. § 112(b).

’839 Claim

10

“said dynamic host configuration 

protocol response message”

Indefinite under 35 U.S.C. § 112(b).

’839 Claim 8 “a first judge” / “a second judger” Indefinite under 35 U.S.C. § 112(b).

’839 Claim

12

“a digital subscriber line-access 

multiplexer”

Lack of written description / enablement under 35 

U.S.C. § 112(a)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 26 of 32
26

’839 Claims 

4, 9

“marginal router” / “marginal routers” Indefinite under 35 U.S.C. § 112(b).

’839 Claims 

3, 8, 9

“a route table item” / “said route table 

item”

Indefinite under 35 U.S.C. § 112(b)

’839 Claim 4 “an access response message” Indefinite under 35 U.S.C. § 112(b) 

’839 Claims 

5, 10

“the least time” Indefinite under 35 U.S.C. § 112(b).

’839 Claims

1, 6

“said predefined using time 

indicates[ing] a [the] using time of 

said route”

Indefinite under 35 U.S.C. § 112(b).

’060 Claims

1 and 10

“frequency domain component feature

of the feature vector”

A group of a plurality of energy levels of the audio 

signal, wherein each of the plurality energy levels 

corresponds to the energy of an overlapping band of 

the audio signal; a value representing a centroid of 

the frequency domain spectrum of the audio signal; 

and a value representing the degree of flatness of 

the frequency domain spectrum.

’060 Claims 

1 and 10

“extracting a feature vector” Indefinite under 35 U.S.C. § 112(b)

’060 Claims 

1 and 10

“time domain component feature of 

the feature vector”

A gradient index based on the sum of the gradient at 

points in the audio signal which result in a change in 

direction of the waveform of the audio signal; a 

ratio of the energy of a frame of the audio signal to 

the energy of a previous frame of the audio signal; 

and a voice activity detector indicating whether a 

frame of the audio signal is classified as active or 

inactive.

’060 Claims 

1 and 10

“the level value is attenuated” Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 27 of 32
27

’060 Claims 

1 and 10

“approaches an estimate” Indefinite under 35 U.S.C. § 112(b)

’060 Claims 

1 and 10

“spectral shape parameter” A sub band energy level value or a sub band gain 

factor based on the sub band energy level value.

’905 Claims 

1, 6, 12, 18, 

25, and 26

“transmission opportunity” The interval of time when a particular station is 

permitted to initiate transmissions onto the wireless 

medium. 

IEEE Std 802.11-

2016 (Revision of 

IEEE Std 802.11-

2012)

Wireless 

Communication 

Standards: A Study 

of IEEE 802.11, 

802.15, 802.16, 

p.356. Publisher: 

Wiley-IEEE 

Standards 

Association

’905 Claims 

1, 6, 12, 18, 

25, and 26

“transmission period” The period of the transmission opportunity.

’905 Claims 

1, 12, 25

“determined transmission time 

interval”

The interval of the transmission opportunity.

’905 Claims 

5, 15

“during a time interval between data 

transmission intervals during the 

transmission period”

Indefinite under 35 U.S.C. § 112(b)

’905 Claims 

1, 12, 25

“determining to utilize a bandwidth 

greater than that of the first frequency 

band during the transmission period”

Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 28 of 32
28

’905 Claims 

5, 16

“at least one frequency channel 

indicator”

Indefinite under 35 U.S.C. § 112(b)

’905 Claims 

6, 18, 26

“at least one additional frequency 

band”

At least one frequency band other than the 

frequency band that is already acquired by the first 

wireless communication apparatus.

’905 Claims 

6, 18, 26

“monitoring for availability” Channel sounding on the least one frequency band

to detect an available frequency band.

’905 Claims 

7, 19

“triggering a network allocation 

vector setting”

Triggering the network allocation vector protection 

for the reserved frequency band for a determined 

period of time after the transmission of the 

reservation message.

’905 Claims 

8 and 20

“clear-to-send message” A signal sent in response to a request-to-send signal, 

indicating its readiness to receive a transmission

Wiley-IEEE 

Electrical and 

Electronics 

Engineering 

Dictionary

’905 Claims 

9, 21

“causing the transmission of the 

reservation message on each 

frequency band separately”

Indefinite under 35 U.S.C. § 112(b)

’905 Claims 

11, 23

“timing and transmission frequency” Indefinite under 35 U.S.C. § 112(b)

’905 Claims 

17, 24

“radio medium” Indefinite under 35 U.S.C. § 112(b)

’960 Claims 

1, 2, 3, 9, 10, 

15, 16, 17, 

23, and 24 

“virtual reference” A group of pixels used as reference material for 

encoding portions of the video signal, but that does

not comprise or represent any portion of the actual 

video sequence to be displayed.

’960 Claims 

1, 9, 15, 23

“an original video signal” A video signal that includes a sequence of video 

frames and is to be encoded.

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 29 of 32
29

’960 Claims 

1, 9, 15, 23

“video frames” A sequence of frames. Wiley-IEEE 

Electrical and 

Electronics 

Engineering 

Dictionary

’960 Claims 

1, 9, 15, 23

“subsequent video display” Generating an encoded video signal from an 

original video signal, the encoded video signal for 

use in subsequent video display of the original video 

signal. 

’960 Claims 

1, 9, 15, 23

“does not represent any portion of any 

individual frame of the original video 

signal”

Data generated based on a portion of a video signal

but not to be displayed with the video signal.

’960 Claims 

1, 15

“incorporating” / “incorporating said 

encoded virtual reference data” / 

“incorporating into the encoded video 

signal an indication” / “incorporating 

said encoded portions of said original 

video signal”

Forming an encoded dual block by including a 

block of encoded original video signal and a block 

of encoded virtual reference data

’960 Claims 

3, 17

“minimize differences” Indefinite under 35 U.S.C. § 112(b)

’071 Claims 

1, 9, 13, 14

“movement signalling” / “receiv[ing] 

movement signalling associated with 

the movement of the projector” / 

“corresponding movement signalling”

Indefinite under 35 U.S.C. § 112(b)

’071 Claim 9 “a movement sensor configured to 

detect movement of the apparatus 

and/or a projector”

Indefinite under 35 U.S.C. § 112(b)

’071 Claims 

1, 13, 14

“discriminate” / “discriminate a 

movement criterion” / “the processor 

Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 30 of 32
30

is configured to discriminate a 

movement criterion”

’071 Claims 

1, 13, 14

“provide associated image data 

signalling to project associated image 

data”

Indefinite under 35 U.S.C. § 112(b)

’071 Claims 

1, 9, 13, 14

“the processor” / “wherein the 

processor is configured”

Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 31 of 32
31

DATED: February 19, 2021 Respectfully submitted,

/s/Lionel M. Lavenue 

Lionel M. Lavenue 

Virginia Bar No. 49,005

lionel.lavenue@finnegan.com 

FINNEGAN, HENDERSON, FARABOW, 

GARRETT & DUNNER, LLP

1875 Explorer Street, Suite 800

Reston, VA 20190

Phone: (571) 203-2700

Fax: (202) 408-4400

ATTORNEY FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that all counsel of record, who are deemed to have consented to

electronic service, are being served on February 19, 2021 with a copy of this document via

email.

/s/Lionel M. Lavenue 

Lionel M. Lavenue 

Case 6:20-cv-00490-ADA Document 66-3 Filed 04/09/21 Page 32 of 32