IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

WSOU INVESTMENTS LLC,

 Plaintiff 

-vMICROSOFT CORPORATION, 

 Defendant 

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W-20-CV-00454-ADA 

W-20-CV-00461-ADA 

W-20-CV-00465-ADA 

CLAIM CONSTRUCTION ORDER 

The Court held a Markman hearing on March 11, 2021. During that hearing, the Court 

provided its final constructions for all terms except for “packet loss rate.” After reviewing the 

parties’ supplemental briefs regarding “packet loss rate,” the Court now enters its final claim 

constructions. 

SIGNED this 17th day of March, 2021. 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

Case 6:20-cv-00465-ADA Document 61 Filed 03/17/21 Page 1 of 6
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“active node(s)” 

(’702 Patent, Claim 1) 

[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” 

“node(s) in an active state of 

AAA functionality” 

“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 disconnected 

from the network” 

(’702 Patent, Claims 1, 11, 18) 

[Proposed by Defendant] 

Plain and ordinary meaning “two active nodes monitoring 

one another to detect if one 

becomes disconnected from 

the network” 

Plain-and-ordinary meaning 

“each of said nodes having a 

user database” 

(’702 Patent, Claim 18) 

[Proposed by Defendant] 

Plain and ordinary meaning “each of said nodes 

maintaining its own user 

database” 

Preamble is limiting except for 

the phrase “A method of 

operating a wireless 

communication network.” 

Plain-and-ordinary meaning. 

Case 6:20-cv-00465-ADA Document 61 Filed 03/17/21 Page 2 of 6
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“activating the AAA 

functions of the active nodes” 

(’702 Patent, Claim 1) 

[Proposed by Defendant] 

Plain and ordinary meaning; 

not indefinite 

Indefinite Not indefinite. Plain-andordinary meaning. 

“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” 

(’702 Patent, Claims 9, 13, 18) 

[Proposed by Defendant] 

Plain and ordinary meaning; 

not indefinite 

Indefinite Indefinite. 

Case 6:20-cv-00465-ADA Document 61 Filed 03/17/21 Page 3 of 6
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“selecting two or more 

parameters of a network” and 

“measuring and/or calculating 

at two or more times values of 

the network parameters” 

(’160 Patent, Claim 1) 

[Proposed by Defendant] 

Plain and ordinary meaning “selecting two or more 

different types of parameters 

of a network / measuring 

and/or calculating at two or 

more times values of the two 

or more different types of 

network parameters” 

Plain-and-ordinary meaning. 

“network parameter” 

(’160 Patent, Claims 1, 3) 

[Proposed by Defendant] 

Plain and ordinary meaning “measurable service level 

specifications from which 

service indicator values can be 

determined” 

Plain-and-ordinary meaning 

wherein the plain-and-ordinary 

meaning includes, but is not 

limited to, parameters such as 

“packet losses; time-delays 

between packets; jitter or 

stability; band width: 

bandwidth stability; and the 

directionality of the 

communication.” 

Case 6:20-cv-00465-ADA Document 61 Filed 03/17/21 Page 4 of 6
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“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” 

(’160 Patent, Claim 1) 

[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]”

Plain-and-ordinary meaning. 

“service indicator” 

(’160 Patent, Claim 1) 

[Proposed by Defendant] 

Plain and ordinary meaning “an indicator of the quality of a 

network service distinct from 

the network parameters” 

Plain-and-ordinary meaning 

wherein the plain-and-ordinary 

meaning is “an indicator of the 

quality of a network service” 

“determining as a function of 

the trend of the indicator a 

time of the service indicator 

crossing a defined threshold” 

(’160 Patent, Claim 1) 

[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” 

Plain and ordinary meaning 

Case 6:20-cv-00465-ADA Document 61 Filed 03/17/21 Page 5 of 6
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“network that branches, 

downstream of the collection 

point” 

(’902 Patent, Claims 1, 6) 

[Proposed by Defendant] 

Plain and ordinary meaning refers to a tree network Plain-and-ordinary meaning 

“packet loss rate” 

(’902 Patent, Claims 1, 6) 

[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” 

“the fraction of packets that are 

lost over a suitable timeaveraging interval wherein the 

‘time-averaging interval’ is an 

interval of time over which an 

average is taken” 

Case 6:20-cv-00465-ADA Document 61 Filed 03/17/21 Page 6 of 6