IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

SITO MOBILE R&D IP, SITO MOBILE, 

LTD.,

 Plaintiffs

-vsHULU, LLC,

 Defendant

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6-20-CV-00472-ADA

CLAIM CONSTRUCTION ORDER

The parties requested the Court to construe claim terms of U.S. Patent Nos. 8,825,887 

(“’887 patent); 9,026,673 (“’673 patent”); 9,135,635 (“’635 patent”); 9,135,636 (“’636 patent”); 

9,591,360 (“’360 patent”); 10,009,637 (“’637 patent”) and 10,171,846 (“’846 patent”).

The Court provided preliminary constructions on March 19, 2021 and held a claim 

construction hearing on March 21, 2021, during which the Court heard arguments on the 

following claim terms: (1) “request for media”; and (2) “play script.” 

After careful consideration of the parties’ briefs, oral argument, and the applicable law, 

the Court enters its final constructions for each term as shown below:

Claim Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s 

Preliminary 

Construction 

“request for media” 

’887 patent, claims 

39, 45, 68, 98, 99, 

115 

’673 patent, claim 1 

’635 patent, claim 1 

’636 patent, claims 1, 

34, 47 

Plain and ordinary 

meaning 

a request to provide a 

particular audio, video, 

or other data, such as a 

particular television 

show or movie 

request for a 

particular media, not 

a channel

Case 6:20-cv-00472-ADA Document 67 Filed 03/25/21 Page 1 of 2
“settlement record” / 

“settlement 

’887 patent, claims 

39, 45, 68, 98 

’637 patent, claim 7 

’846 patent, claim 7 

event record to be used 

for revenue settlement 

billable event record to 

be used for revenue 

settlement 

billable event record 

to be used for 

revenue settlement 

“play script” 

’673 patent, claim 1 

’635 patent, claim 1 

’636 patent, claims 1, 

34 

a file containing one or 

more media references 

and other information 

used by a 

communication device 

to obtain media 

a list customized for the 

communication device 

containing one or more 

media references and 

instructions executable 

by the communication 

device 

a file containing one 

or more media 

references and other 

information used by 

a communication 

device to obtain 

media 

“reservation 

identification” 

’673 patent, claim 1 

’636 patent, claims 1, 

34 

’360 patent, claim 16 

Plain and ordinary 

meaning 

Identification of a 

reservation 

a designator uniquely 

identifying a reservation 

(as that term is 

construed) 

Plain and ordinary 

meaning

“reservation” 

’673 patent, claim 3 

arrangement regarding 

reserved resources of a 

streaming system 

a set of instructions 

uniquely identifying the 

communication device 

and the play script, and 

reserving system 

resources for streaming 

the requested media 

Plain and ordinary 

meaning

“media clip[s]” / 

“advertising media 

clip[s]” 

’635 patent, claim 18 

’636 patent, claim 2 

/ ’635 patent, claim 1, 

2, 3, 11 

’636 patent, claim 11 

’846 patent, claims 1, 

2, 7, 8 

Plain and ordinary 

meaning / Plain and 

ordinary meaning 

complete media item[s], 

such as a complete 

movie or advertisement 

/ 

a complete 

advertisement[s] 

Plain and ordinary 

meaning / Plain and 

ordinary meaning 

SIGNED this 25th day of March, 2021.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00472-ADA Document 67 Filed 03/25/21 Page 2 of 2