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-00456-ADA 

W-20-CV-00458-ADA 

CLAIM CONSTRUCTION ORDER 

The Court held a Markman hearing on March 23, 2021. During that hearing, the Court 

provided its final constructions. The Court now enters those claim constructions. 

SIGNED this 23rd day of March, 2021. 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 1 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“an emergency call router” 

(’868 Patent, Claims 1, 18) 

[Proposed by Defendant] 

Plain and ordinary meaning “back-up call router that is 

operable only when the 

communication link fails” 

“call router that is operable at 

least when the communication 

link fails” 

“access gateway” 

(’868 Patent, Claims 1, 18) 

[Proposed by Defendant] 

Plain and ordinary meaning “gateway coupled to the packet 

data network for 

communication with a 

softswitch” 

“a gateway that is coupled to1

a communication network and 

to a softswitch, and that 

facilitates communications 

between telephonic stations” 

1

 – “coupled to” includes both 

direct and indirect coupling 

“target gateway” 

(’868 Patent, Claims 1, 18) 

[Proposed by Defendant] 

Plain and ordinary meaning “gateway coupled to the 

emergency call router and 

separate from the access 

gateway” 

Plain-and-ordinary meaning 

wherein the target gateway is 

separate from the access 

gateway. 

“selectably operable” 

(’868 Patent, Claims 1, 13) 

“selectably routing” 

(’868 Patent, Claim 18) 

[Proposed by Defendant] 

Plain and ordinary meaning “deciding whether to permit a 

call to be routed based on calltype or call priority” 

Plain and ordinary meaning 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 2 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“... 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” 

(’868 Patent, Claim 12) 

[Proposed by Defendant] 

Plain and ordinary meaning; 

not indefinite 

Indefinite Indefinite 

“presentity” / “presentities” 

(’550 Patent, Claims, 1, 8, 11) 

[Proposed by Defendant] 

Plain and ordinary meaning “the entity whose presence is 

being represented” 

“an entity (e.g., person, group 

of people, service (e.g., 

software application or data), 

device or equipment (e.g., 

computer, fax machine or copy 

machine) and a facility (e.g., a 

room, an office or a building) 

that has associated presence 

state (e.g., on the phone, hotel 

room has been cleaned, etc.).” 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 3 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“presence contributors” 

(’550 Patent, Claims, 1, 8, 11) 

[Proposed by Defendant] 

Plain and ordinary meaning “an entity that provides 

presence information about a 

presentity to a presence server 

or presence agent” 

“an entity (e.g., devices (e.g., 

telephone, printer or fax 

machine), services, software 

applications, facilities and 

users (e.g., user presentity, 

administrator, personnel and 

other users)) that provides 

presence information about a 

presentity to at a presence 

server or presence agent” 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 4 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“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 contributors to 

access said presence 

information of said presentity 

after said presence contributors 

have provided said presence 

information to said presence 

server” 

(’550 Patent, Claim 1) 

[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: 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 

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 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 

Subject to 35 U.S.C. § 112 ¶ 6. 

Function: defining access 

rules for each of said presence 

contributors 

Structure: presence server 160 

and presence agent 150, and 

equivalents thereof 

Algorithm: none. Term is 

indefinite for failure to 

disclosure algorithm for 

performing the structure. 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 5 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

“means for authenticating one 

of said presence contributors to 

determine said access rules 

associated with said one of 

said presence contributors” 

(’550 Patent, Claim 1) 

[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: 

Algorithm: determine if said 

presence contributor is 

authenticated based on 

provided authentication 

credentials 

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 

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, and 

equivalents thereof 

Algorithm: determine if said 

presence contributor is 

authenticated based on 

provided authentication 

credentials as described in 

1:32-34, 2:21-26, 6:44-53, 7:4-

12, 7:42-47, 8:5-22, Fig. 5. 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 6 of 15
“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” 

(’550 Patent, Claim 1) 

[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 

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 

and presence agent 150, and 

equivalents thereof 

Algorithm: N/A 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 7 of 15
“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 

contributors to produce filtered 

presence information and 

means for providing said 

filtered presence information 

to said one of said presence 

contributors” 

(’550 Patent, Claim 1) 

[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: 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 

Subject to 35 U.S.C. § 112 ¶ 6. 

“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 

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 

Subject to 35 U.S.C. § 112 ¶ 6. 

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: presence 

server 160 and presence agent 

150, and equivalents thereof 

Algorithm 1 of 2: The 

algorithm as described in 4:44-

55 

Function 2 of 2: providing 

said filtered presence 

information to said one of said 

presence contributors 

Structure 2 of 2: presence 

server 160 and presence agent 

150, and equivalents thereof 

Algorithm 2 of 2: none. Term 

is indefinite for failure to 

disclose structure including 

algorithm for performing the 

function.

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 8 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

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 

the selected some or all of 

said presentity’s presence 

information 

“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 

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 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 9 of 15
“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” 

(’550 Patent, Claim 1) 

[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 

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 server 160 

and presence agent 150, and 

equivalents thereof 

Algorithm: none. Term is 

indefinite for failure to 

disclose structure including 

algorithm for performing the 

function. 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 10 of 15
“means for enabling access 

further includes means for 

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” 

(’550 Patent, Claim 1) 

[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 

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 

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: 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 

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: presence server 160 

and presence agent 150, and 

equivalents thereof 

Algorithm: none. Term is 

indefinite for failure to 

disclose structure including 

algorithm for performing the 

function. 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 11 of 15
“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” 

(’550 Patent, Claim 4) 

[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. 

Furthermore, if the Court 

deems disclosure of an 

algorithm is required: 

Algorithm 1 of 2: associating 

authentication credentials with 

each of said presence 

contributor 

Function 2 of 2: receiving 

said authentication credentials 

of said one of said presence 

contributors to authenticate 

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 

contributor 

Structure 1: presentity 110 

and presence server 160 with 

presence agent 150 

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” 

Subject to 35 U.S.C. § 112 ¶ 6. 

Function 1 of 2: assigning 

authentication credentials to 

each of said presence 

contributors 

Structure 1 of 2: presence 

server 160 and presence agent 

150, and equivalents thereof 

Algorithm 1 of 2: N/A 

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: presence 

server 160 and presence agent 

150, and equivalents thereof 

Algorithm 2 of 2: N/A 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 12 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

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)

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 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 13 of 15
“means for enabling further 

includes means for 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” 

(’550 Patent, Claim 6) 

[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 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 

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: 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 

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: presence server 160 

and presence agent 150, and 

equivalents thereof 

Algorithm: none. Term is 

indefinite for failure to 

disclose structure including 

algorithm for performing the 

function. 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 14 of 15
Term Plaintiff’s Proposed 

Construction 

Defendants’ Proposed 

Construction 

Court’s Final Construction 

privileges to said presence 

information based on said 

respective access rules 

Case 6:20-cv-00456-ADA Document 62 Filed 03/23/21 Page 15 of 15