Joint Claim Construction Statement Page | 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. 

MICROSOFT CORPORATION,

Defendant.

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CIVIL ACTION 6:20-cv-00454-ADA

CIVIL ACTION 6:20-cv-00455-ADA

CIVIL ACTION 6:20-cv-00456-ADA

CIVIL ACTION 6:20-cv-00457-ADA

CIVIL ACTION 6:20-cv-00458-ADA

CIVIL ACTION 6:20-cv-00459-ADA

CIVIL ACTION 6:20-cv-00460-ADA

CIVIL ACTION 6:20-cv-00461-ADA

CIVIL ACTION 6:20-cv-00462-ADA

CIVIL ACTION 6:20-cv-00463-ADA

CIVIL ACTION 6:20-cv-00464-ADA

CIVIL ACTION 6:20-cv-00465-ADA

JOINT CLAIM CONSTRUCTION STATEMENT

TO THE HONORABLE COURT:

Pursuant to the scheduling orders in these cases, the Parties jointly submit this claim 

construction statement.1 

A. -455, -457, -459, and -463 Cases

-455 Case, United States Patent No. 9,814,988 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“adaptor unit” (Claim 20)

[Proposed by Defendant]

Plain and ordinary meaning a device, having a video 

receiver, hard disk, and CPU 

that encodes video data, that 

provides a game console with 

access to interactive services

1 WSOU’s Position: WSOU agrees with the Court’s “default order” communicated to the parties 

on February 23, 2021 concerning the Markman hearings, namely the -454, -455, -457, -459, 

-461, -463, and -465 cases being heard on March 9, 2021 and the -456, -458, -460, -462, and 

-464 cases being heard on March 23, 3021. Microsoft’s Position: The parties will discuss and 

offer a proposal to the Court as to which grouped terms should be discussed with the Court at the 

rescheduled March 9, 2021 Markman hearing and which should be discussed at the rescheduled 

March 23, 2021 hearing. 

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 1 of 17
Joint Claim Construction Statement Page | 2

-457 Case, United States Patent No. 8,965,978 (Agreed)

Claim Term/Phrase Agreed Construction

“gaining” (Claims 1 and 12)

[Proposed by Plaintiff]

gaming

-457 Case, United States Patent No. 8,965,978 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“third-party lobby” (Claims 1 

and 12)

[Proposed by Defendant]

Plain and ordinary meaning lobby separate from the local 

lobby associated with the 

gaming session

“lobby” (Claim 12)

[Proposed by Defendant]

Plain and ordinary meaning software and/or hardware that 

matches users to form groups

-459 Case, United States Patent No. 7,750,286 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“polarization beam splitter 

(PBS)” (Claim 15)

[Proposed by Defendant]

Plain and ordinary meaning optical component with two 

conjoined prisms, each of 

which reflects light of one 

polarization and transmits 

light of an orthogonal

polarization

“quarter-wave plate” (Claim 

15)

[Proposed by Defendant]

Plain and ordinary meaning optical component that shifts 

a polarized light beam 

passing therethrough by one 

quarter wavelength

“spatial light modulator 

(SLM)” (Claim 15)

[Proposed by Defendant]

Plain and ordinary meaning optical component with a 2-

dimensional arrangement of 

pixels that displays an image

-463 Case, United States Patent No. 8,226,241 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“spatial light modulator

(SLM)” (Claim 15)

[Proposed by Defendant]

Plain and ordinary meaning optical component with a 2-

dimensional arrangement of 

pixels that displays an image

B. -454, -465, and -461 Cases

-454 Case, United States Patent No. 7,366,160 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“selecting two or more 

parameters of a network” and 

Plain and ordinary meaning selecting two or more 

different types of parameters 

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 2 of 17
Joint Claim Construction Statement Page | 3

-454 Case, United States Patent No. 7,366,160 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“measuring and/or calculating 

at two or more times values 

of the network parameters”

[Proposed by Defendant]

of a network / measuring 

and/or calculating at two or 

more times values of the two

or more different types of 

network parameters

“network parameter”

[Proposed by Defendant]

Plain and ordinary meaning measurable service level 

specifications from which 

service indicator values can 

be determined

“determining at two or more 

times the value of a service 

indicator”, “determining a 

trend of the indicator”, and 

“determining as a function of 

the trend of the indicator”

[Proposed by Defendant]

Plain and ordinary meaning computing [at two or more 

times the value of a service

indicator / a trend of the 

indicator / a time of the

service indicator crossing a 

defined threshold] using

the [measured and/or 

calculated parameter values /

determined indicator values / 

trend of the indicator]

“service indicator”

[Proposed by Defendant]

Plain and ordinary meaning an indicator of the quality of 

a network service distinct 

from the network parameters

“determining as a function of 

the trend of the indicator a 

time of the service indicator 

crossing a defined threshold”

[Proposed by Defendant]

Plain and ordinary meaning determining as a function of 

the trend of the service 

indicator the time remaining 

for the indicator crossing a 

defined threshold

“neural network determines 

rules of association between a 

service trend and service 

parameter values”

[Proposed by Defendant]

Plain and ordinary meaning; 

not indefinite

Indefinite

“calculating a mathematical 

expectation of financial loss 

as a function of the network 

service trend determined”

[Proposed by Defendant]

Plain and ordinary meaning;

not indefinite

Indefinite

“determining a capacity to 

provide a network service at a 

given time”

Plain and ordinary meaning;

not indefinite

Indefinite

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 3 of 17
Joint Claim Construction Statement Page | 4

-454 Case, United States Patent No. 7,366,160 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

[Proposed by Defendant]

-465 Case, United States Patent No. 8,274,902 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“network that branches, 

downstream of the collection 

point” 

[Proposed by Defendant]

Plain and ordinary meaning refers to a tree network

“estimating a packet loss 

rate” and “an estimate of a 

packet loss rate”

[Proposed by Defendant]

Plain and ordinary meaning calculating an approximate 

packet loss rate / a calculation 

of approximate packet loss 

rate

“packet loss rate”

[Proposed by Plaintiff]

the fraction of packets that 

are lost over a suitable time 

interval

the fraction of packets that 

are lost over a suitable timeaveraging interval

“wherein the collected data 

relate to packet losses on the 

portion of a GPRS core 

network extending from the 

collection point to a plurality 

of [base /mobile] stations”

[Proposed by Defendant]

Plain and ordinary meaning; 

not indefinite

Indefinite

-461 Case, United States Patent No. 7,106,702 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“active node(s)”

[Proposed by Plaintiff]

node(s) in an active state of 

AAA functionality

node(s) that carry out the 

AAA functions for the 

network by employing their 

respective user databases

“monitoring the active nodes 

to determine if one of the 

active nodes gets

disconnected from the 

network”, “said active nodes 

monitoring one another to

detect if an active node 

becomes disconnected from 

the network”, and

“monitoring the active nodes 

to detect if one becomes 

Plain and ordinary meaning two active nodes monitoring

one another to detect if one 

becomes disconnected from 

the network

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 4 of 17
Joint Claim Construction Statement Page | 5

-461 Case, United States Patent No. 7,106,702 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

disconnected from the

network”

[Proposed by Defendant]

“each of said nodes having a 

user database”

[Proposed by Defendant]

Plain and ordinary meaning each of said nodes

maintaining its own user

database

“activating the AAA

functions of the active nodes”

[Proposed by Defendant]

Plain and ordinary meaning; 

not indefinite

Indefinite

“geographic distance 

therebetween is maximized”, 

“geographic distance between 

active nodes is maximized”, 

“geographic distance between 

it and the active node which 

got disconnected from the 

network is maximized”, and 

“node selected in step (d) is 

chosen to maximize a sum of 

a geographic distance 

between the active nodes and 

a geographic distance

between the node selected in 

step (d) and the node which 

got disconnected from the 

network”

[Proposed by Defendant]

Plain and ordinary meaning; 

not indefinite

Indefinite

“logging changes to the user 

databases for the active nodes 

thereby updating the same to 

reflect changes in information 

contained therein” and 

“wherein each of the active 

nodes logs changes to its user 

database thereby updating the 

same to reflect changes in 

information contained 

therein”

[Proposed by Defendant]

Plain and ordinary meaning; 

not indefinite

Indefinite

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 5 of 17
Joint Claim Construction Statement Page | 6

C. -460, -462, and -464 Cases

-460 Case, United States Patent No. 8,625,758 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“accessing, dynamically, a 

rule for charging a sponsor of 

said communication services”

[Proposed by Defendant]

Plain and ordinary meaning selecting in real-time which 

rule from a set of rules is 

applicable for charging a 

sponsor of said

communication service

“a plurality of parameter 

values including at least one

respective value of at least 

one respective parameter 

other than an identity of an 

originator of the request for 

communication services, an 

intended recipient of a 

communication of the 

requested communication

services and an identity of the 

sponsor”

[Proposed by Defendant]

Plain and ordinary meaning a plurality of parameter 

values, one of which

must be something other than 

the location/country code of 

the phone number of an

originator of the request for 

communication services, the 

location/ country code of the 

phone number of the intended 

recipient of a communication 

of the requested

communication services, or 

the identity of the sponsor

“dynamically determining a 

rule for charging a sponsor of 

said communication service”

[Proposed by Defendant]

Plain and ordinary meaning selecting in real-time which 

rule from a set of rules is 

applicable for charging a 

sponsor of said 

communication service

“a plurality of parameter 

values including at least one

respective value of at least 

one respective parameter 

other than an identity of an 

originator of a request for the 

communication service, an 

intended recipient of a 

communication of the

requested communication 

service and an identity of the

sponsor”

[Proposed by Defendant]

Plain and ordinary meaning a plurality of parameter 

values, one of which

must be something other than 

the location/country code of 

the phone number of the

recipient of an originator of 

the request for

communication services, the 

location/ country code of the 

phone number of the intended

recipient of a communication 

of the requested

communication services, or 

the identity of the sponsor

“a first cost for the usage of 

said communication service is

charged at least partially to 

said sponsor, by determining 

Plain and ordinary meaning Indefinite

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 6 of 17
Joint Claim Construction Statement Page | 7

-460 Case, United States Patent No. 8,625,758 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

a second cost, the second cost 

depending on said rule and 

said first cost”

[Proposed by Defendant]

-462 Case, United States Patent No. 7,106,727 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“[determining / determine] a 

measure of the plurality of 

calls”

[Proposed by Defendant]

Plain and ordinary meaning measuring the number and 

type of calls on the network

“set of resources”

[Proposed by Defendant]

Plain and ordinary meaning a part of a pool of physical 

network resources, each 

capable of handling circuitswitched and packet-switched 

formats

-464 Case, United States Patent No. 7,706,519 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“automatically”/ “automatic”

[Proposed by Defendant]

Plain and ordinary meaning Indefinite

D. -456 and -458 case

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“presentity” / “presentities”

[Proposed by Defendant]

Plain and ordinary meaning the entity whose presence is 

being represented

“presence contributors”

[Proposed by Defendant]

Plain and ordinary meaning an entity that provides 

presence information about a 

presentity to a presence 

server or presence agent

“means for defining access 

rules for each of said 

presence contributors, said 

access rules associated with 

each of said presence 

contributors defining 

respective rights and 

privileges of said presence 

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 112 

¶ 6. 

But if the Court deems this 

term is subject to 35 U.S.C. § 

112 ¶ 6: 

Subject to 35 U.S.C. § 112 ¶ 

6. 

Function: defining access 

rules for each of said 

presence contributors, said 

access rules associated with 

each of said presence

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 7 of 17
Joint Claim Construction Statement Page | 8

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

contributors to access said 

presence information of said 

presentity after said presence 

contributors have provided 

said presence information to 

said presence server”

[Proposed by Defendant]

Function: defining access 

rules for each of said 

presence contributors

Structure: multiple access 

presence agent with presence 

server, and equivalents 

thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm: define respective 

rights and privileges of 

presence contributors to

access the presence

information of a presentity

contributors defining 

respective rights and

privileges of said presence 

contributors to access said 

presence information of said

presentity after said presence 

contributors have provided 

said presence information to 

said presence server.

Structure: presentity 110 

along with presence server 

160 and presence agent 150

Algorithm that must be 

included in the Structure:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for authenticating one 

of said presence contributors 

to determine said access rules 

associated with said one of 

said presence contributors”

[Proposed by Defendant]

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 

112 ¶ 6. 

But if the Court deems this 

term is subject to 35 U.S.C. 

§ 112 ¶ 6: 

Function: authenticating one 

of said presence contributors 

to determine said access 

rules associated with said 

one of said presence 

contributors

Structure: multiple access 

presence agent with presence 

server, and equivalents 

thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Subject to 35 U.S.C. § 112 ¶ 

6. 

Function: authenticating one 

of said presence contributors 

to determine said access rules

associated with said one of 

said presence contributors

Structure: presence server 

160 and presence agent 150

Algorithm that must be 

included in the Structure:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 8 of 17
Joint Claim Construction Statement Page | 9

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

Algorithm: determine if said 

presence contributor is 

authenticated based on 

provided authentication 

credentials

“means for enabling access to 

said presence information of 

said presentity by said one of 

said presence contributors 

based on said access rules 

associated with said one of 

said presence contributors”

[Proposed by Defendant]

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 

112 ¶ 6. 

But if the Court deems this 

term is subject to 35 U.S.C. 

§ 112 ¶ 6: 

Function: enabling access to 

said presence information of 

said presentity by said one of 

said presence contributors 

based on said access rules 

associated with said one of 

said presence contributors

Structure: multiple access 

presence agent with presence 

server, and equivalents 

thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm: determine access 

rules for said one of said 

presence contributors and 

granting said one of said 

presence contributors the 

rights and privileges 

associated with said access

rules

Subject to 35 U.S.C. § 112 ¶ 

6. 

Function: enabling access to 

said presence information of 

said presentity by said one of

said presence contributors 

based on said access rules 

associated with said one of 

said presence contributors

Structure: presence server 

160, presence agent 150, 

presence user agent 140, and

communications network 130

Algorithm that must be 

included in the Structure:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for enabling access 

further includes means for 

filtering said presence 

information of said presentity 

based on said access rules of

said one of said presence 

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 

112 ¶ 6. 

But if the Court deems this 

term is subject to 35 U.S.C. 

Subject to 35 U.S.C. § 112 ¶ 

6. 

“means for enabling access 

further includes means for 

filtering said presence 

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 9 of 17
Joint Claim Construction Statement Page | 10

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

contributors to produce 

filtered presence information 

and means for providing said 

filtered presence information 

to said one of said presence 

contributors”

[Proposed by Defendant]

§ 112 ¶ 6, and to the extent 

Defendant’s proposal is 

understandable: 

Function 1 of 2: filtering 

said presence information of 

said presentity based on said 

access rules of said one of 

said presence contributors to 

produce filtered presence 

information

Structure 1 of 2: multiple 

access presence agent with 

presence server, and 

equivalents thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm 1 of 2: select 

some or all of said 

presentity’s presence 

information to allow said one 

of said presence contributor 

to access or view 

Function 2 of 2: providing 

said filtered presence 

information to said one of 

said presence contributors

Structure 2 of 2: multiple 

access presence agent with 

presence server, and 

equivalents thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm 2 of 2: allow said 

one of said presence 

contributor to access or view 

information of said presentity 

based on said access rules of

said one of said presence 

contributors to produce 

filtered presence information”

Function 1: filtering said

presence information of said 

presentity based on said 

access rules of said one of 

said presence contributors to

produce filtered presence 

information

Structure 1: presence server 

160 and presence agent 150 

with access rules 210

Algorithm that must be 

included in the Structure 1:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for providing said 

filtered presence information 

to said one of said presence

contributors”

Function 2: providing said 

filtered presence information 

to said one of said presence

contributors

Structure 2: presence server 

160, presence agent 150, 

presence user agent 140, and

communications network 130 

or 135

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 10 of 17
Joint Claim Construction Statement Page | 11

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

the selected some or all of 

said presentity’s presence 

information

Algorithm that must be 

included in the Structure 2:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for enabling access 

further includes means for 

enabling said one of said 

presence contributors to 

update said presence 

information of said presentity 

based on said access rules of 

said one of said presence

contributors”

[Proposed by Defendant]

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 

112 ¶ 6. 

But if the Court deems this 

term is subject to 35 U.S.C. 

§ 112 ¶ 6: 

Function: enabling said one 

of said presence contributors 

to update said presence 

information of said 

presentity based on said 

access rules of said one of 

said presence contributors

Structure: multiple access 

presence agent with presence 

server, and equivalents 

thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm: providing one of 

said presence contributors the 

ability to set/change the 

presence information of said 

presentity subject to any 

limits on the ability according 

to said access rules

Subject to 35 U.S.C. § 112 ¶ 

6. 

Function: enabling said one 

of said presence contributors 

to update said presence

information of said presentity 

based on said access rules of 

said one of said presence

contributors

Structure: presence

contributors 120, presence

server 160, presence agent 

150 with access rules 210, 

presence user agent 140, and

communications network 130

Algorithm that must be 

included in the Structure:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for enabling access 

further includes means for 

enabling said one of said 

presence contributors to define 

preference information 

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 112 

¶ 6. 

Subject to 35 U.S.C. § 112 ¶ 

6. 

Function: enabling said one 

of said presence contributors 

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 11 of 17
Joint Claim Construction Statement Page | 12

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

associated with said presence 

information of said presentity 

based on said access rules of 

said one of said presence 

contributors”

[Proposed by Defendant]

But if the Court deems this 

term is subject to 35 U.S.C. § 

112 ¶ 6: 

Function: enabling said one of 

said presence contributors to 

define preference information 

associated with said presence 

information of said presentity 

based on said access rules of 

said one of said presence 

contributors 

Structure: multiple access 

presence agent with presence 

server, and equivalents thereof 

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm: providing one of 

said presence contributors the 

ability to set/change the 

preference information of said 

presentity subject to any limits 

on the ability according to said 

access rules

to define preference 

information associated with 

said presence information of 

said presentity based on said 

access rules of said one of 

said presence contributors

Structure: presence server 

160, presence agent 150 with 

access rules 210, presence 

user agent 140, and

communications network 130

Algorithm that must be 

included in the Structure:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for authenticating 

further includes means for 

assigning authentication 

credentials to each of said 

presence contributors and

means for receiving said 

authentication credentials of 

said one of said presence 

contributors to authenticate 

said one of said presence

contributors”

[Proposed by Defendant]

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 

112 ¶ 6. 

But if the Court deems this 

term is subject to 35 U.S.C. 

§ 112 ¶ 6, and to the extent 

Defendant’s proposal is 

understandable: 

Function 1 of 2: assigning 

authentication credentials to 

each of said presence 

contributors 

Structure 1 of 2: multiple 

access presence agent with 

presence server, and 

equivalents thereof

Subject to 35 U.S.C. § 112 ¶ 

6. 

“means for assigning 

authentication credentials to 

each of said presence 

contributors”

Function 1: assigning 

authentication credentials to 

each of said presence 

contributors

Structure 1: presentity 110 

and presence server 160 with 

presence agent 150

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 12 of 17
Joint Claim Construction Statement Page | 13

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

Furthermore, if the Court

deems disclosure of an 

algorithm is required: 

Algorithm 1 of 2: 

associating authentication 

credentials with each of said 

presence contributors

Function 2 of 2: receiving 

said authentication 

credentials of said one of 

said presence contributors to 

authenticate said one of said 

presence contributors

Structure 2 of 2: multiple 

access presence agent with 

presence server, and 

equivalents thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm 2 of 2: not 

required under In re Katz 

Interactive Call Processing 

Patent Litig., 639 F.3d 1303 

(Fed. Cir. 2011)

Algorithm that must be 

included in the Structure 1:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for receiving said 

authentication credentials of 

said one of said presence

contributors to authenticate 

said one of said presence 

contributors”

Function 2: receiving said 

authentication credentials of 

said one of said presence

contributors to authenticate 

said one of said

presence contributors

Structure 2: presence 

contributors 120, presence 

server 160, presence agent 

150, presence user agent 140, 

and communications network 

130 or 135

Algorithm that must be 

included in the Structure 2:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

“means for enabling further 

includes means for enabling 

access to said presence 

information of said presentity 

by multiple ones of said

presence contributors 

Plain and ordinary meaning, 

not subject to 35 U.S.C. § 

112 ¶ 6. 

Subject to 35 U.S.C. § 112 ¶ 

6. 

Function: enabling access to 

said presence information of 

said presentity by multiple 

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 13 of 17
Joint Claim Construction Statement Page | 14

-456 Case, United States Patent No. 7,676,550 (Disputed)

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

simultaneously based on said 

respective access rules 

associated with said multiple 

ones of said presence 

contributors”

[Proposed by Defendant]

But if the Court deems this 

term is subject to 35 U.S.C. 

§ 112 ¶ 6: 

Function: enabling access to 

said presence information of 

said presentity by multiple 

ones of said presence 

contributors simultaneously 

based on said respective 

access rules associated with 

said multiple ones of said 

presence contributors

Structure: multiple access 

presence agent with presence 

server, and equivalents 

thereof

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm: provide access by 

multiple ones of said 

presence contributors 

simultaneously to said 

presence information of said 

presentity, each of said 

presence contributors 

possibly having different 

rights and privileges to said 

presence information based 

on said respective access 

rules

ones of said presence 

contributors simultaneously 

based on said respective 

access rules associated with 

said multiple ones of said 

presence contributors

Structure: presence server 

160, presence agent 150, 

presence user agent 140, and

communications network 130

Algorithm that must be 

included in the Structure:

Not Disclosed

Term is Indefinite for failure 

to disclose structure including 

algorithm for performing the 

function

-458 Case, United States Patent No. 7,388,868 (Agreed)

Claim Term/Phrase Agreed Construction

“emergency call muter” (Claim 12)

[Proposed by Defendant]

emergency call router

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 14 of 17
Joint Claim Construction Statement Page | 15

-458 Case, United States Patent No. 7,388,868

Claim Term/Phrase Plaintiff’s Construction Defendant’s Construction

“an emergency call router”

[Proposed by Defendant]

Plain and ordinary meaning back-up call router that is 

operable only when the 

communication link fails

“access gateway”

[Proposed by Defendant]

Plain and ordinary meaning gateway coupled to the 

packet data network for

communication with a 

softswitch

“target gateway”

[Proposed by Defendant]

Plain and ordinary meaning gateway coupled to the 

emergency call router and

separate from the access 

gateway

“selectably operable” and 

“selectably routing” 

[Proposed by Defendant]

Plain and ordinary meaning deciding whether to permit a 

call to be routed based on 

call-type or call priority

“... wherein said emergency 

call muter is further for 

determining whether the call 

of the selected call-type shall 

be completable by way of the 

normal-operation 

communication link and for

rerouting a call request to the 

local-network alternate 

station upon determination 

that the call completion by 

way of the normal-operation

communication link”

[Proposed by Defendant]

Plain and ordinary meaning; 

not indefinite

Indefinite

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 15 of 17
Joint Claim Construction Statement Page | 16

DATED: February 25, 2021 Respectfully submitted,

By: /s/ Ryan Loveles 

Mark D. Siegmund

State Bar No. 24117055

mark@waltfairpllc.com

Law Firm of Walt, Fair PLLC.

1508 North Valley Mills Drive 

Waco, Texas 76710

Telephone: (254) 772-6400

Facsimile: (254) 772-6432

James L. Etheridge

Texas State Bar No. 24059147

Ryan S. Loveless

Texas State Bar No. 24036997

Travis L. Richins

Texas State Bar No. 24061296

Brett A. Mangrum

Texas State Bar No. 24065671

Jeffrey Huang

ETHERIDGE LAW GROUP, PLLC

2600 E. Southlake Blvd., Suite 120 / 324

Southlake, Texas 76092

Telephone: (817) 470-7249

Facsimile: (817) 887-5950

Jim@EtheridgeLaw.com

Ryan@EtheridgeLaw.com

Travis@EtheridgeLaw.com

Brett@EtheridgeLaw.com

JeffH@EtheridgeLaw.com

Counsel for Plaintiff WSOU Investments, LLC

DATED: February 25, 2021 Respectfully submitted,

By: /s/ Irene Yang 

Barry K. Shelton 

Texas State Bar No. 24055029

SHELTON COBURN LLP

311 RR 620 S, Suite 205

Austin, TX 78734

Telephone: (512) 263-2165

Fax: (512) 263-2166

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 16 of 17
Joint Claim Construction Statement Page | 17

bshelton@sheltoncoburn.com

Michael J. Bettinger

Irene Yang

SIDLEY AUSTIN LLP

555 California St., Suite 2000

San Francisco, CA 94104

Telephone: (415) 772-1200

Fax: (415) 772-7400

mbettinger@sidley.com 

irene.yang@sidley.com 

Richard A. Cederoth

John W. McBride

SIDLEY AUSTIN LLP

1 South Dearborn St.

Chicago, IL 60603

Telephone: (312) 853-7000

Fax: (312) 853-7036

rcederoth@sidley.com 

jwmcbride@sidley.com 

Attorneys for Defendant Microsoft Corporation

Case 6:20-cv-00456-ADA Document 52 Filed 02/25/21 Page 17 of 17