EXHIBIT 2 

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 1 of 28
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.

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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

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 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-00497-ADA Document 66-2 Filed 04/09/21 Page 2 of 28
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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-00497-ADA Document 66-2 Filed 04/09/21 Page 3 of 28
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Means-Plus-Function Terms

Asserted Claim Claim Term Preliminary Proposed Construction

’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

’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

’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

’534 Claim 1 “transmitting user data between a 

transmitter and a receiver in a 

multi-carrier radio communication 

system having a plurality of 

orthogonal frequency subcarriers,”

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.

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’534 Claim 1 “at the receiver, determining 

quality levels for said subcarriers;”

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.

’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.

’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.

’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 subcarriers 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.

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 5 of 28
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’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.

’534 Claim 6 “An apparatus to facilitate 

communication of user data in a 

multi-carrier 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

’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

’534 Claim 6 “means for selecting said set of 

sub-carriers 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

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 6 of 28
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Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’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

’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

’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 sub-carriers 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

’534 Claim 11 “means for reading the threshold 

indication on at least one subcarrier of the selected set of subcarriers after detecting a specific 

identifier associated with the 

receiver on said at least one subcarrier” 

Governed by 35 U.S.C. § 112(f)

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 

sub-carriers on which said user 

Governed by 35 U.S.C. § 112(f)

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 7 of 28
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data is to be transmitted to said 

receiver”

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

’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

’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 subcarriers 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

’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 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

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 8 of 28
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Indefinite under 35 U.S.C. § 112(b); 

Structure: none disclosed

’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

’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

’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

’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.

’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

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 9 of 28
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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.

’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)

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.

’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.

’839 Claim 6 “route management apparatus, in 

an access device of the 

Governed by 35 U.S.C. § 112(f)

Function: managing route information

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 10 of 28
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communication network, for 

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.

’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

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

’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 route-related information and 

said predefined using time

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’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 routerelated information exists in said route table

Indefinite under 35 U.S.C. § 112(b)

Structure: none disclosed

’839 Claim 8 “a second judger configured to 

judge whether a remaining time of 

Governed by 35 U.S.C. § 112(f)

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 11 of 28
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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”

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

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 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”

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

’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

’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)

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 12 of 28
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Structure: none disclosed

’905 Claim 6 “receiving, from a first wireless 

communication apparatus in a 

second 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;”

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language 

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

’905 Claim 6 “in response to detection of 

availability of the at least one 

additional frequency band during 

the transmission period of the first 

Governed by 35 U.S.C. § 112(f)

functions underlined in claim language 

Indefinite under 35 U.S.C. § 112(b)

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 13 of 28
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wireless communication apparatus, 

causing transmission of a 

reservation response message to 

the first wireless communication 

apparatus, wherein the reservation 

response message 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.”

Structure: none disclosed

’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.

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 14 of 28
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’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 

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.”

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 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

’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.

’505 Claims 1, 

14, 23

“remotely located” A device that is unable to connect via local area network to a host device.

’505 Claims 1, 

14, 23

“[first/second/intermediate] 

terminal device”

A device with limited computing power. 

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’505 Claims 1, 

23

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

Lack of Written description under 35 U.S.C. § 112(a)

’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.

’505 Claims 1, 

14, 23

“remotely located terminal device” A device that is unable to connect via local area network to a host device.

’505 Claims 3, 

14, 23

“mobile terminal device” A device that is unable to connect via local area network to a host device.

’505 Claims 1, 

14, 23

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

’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.

’534 Claims 1, 6, 

16

“orthogonal frequency subcarriers”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 

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 16 of 28
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level and continuing to select the sub-carriers 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.

’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

’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. 

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

’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. 

’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-00497-ADA Document 66-2 Filed 04/09/21 Page 17 of 28
17

’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.

’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.

’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)

’232 Claims 1, 

14

“flow control” Regulate movement of a series of data packets

’232 Claims 1, 

14

“flow of data packets” Movement of a series of data packets

’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).

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 18 of 28
18

’232 Claim 14 “a non-transitory machinereadable 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).

’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” / “data flow is controlled” / 

“a data flow” / “the data flow”

Indefinite under 35 U.S.C. § 112(b)

’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).

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 19 of 28
19

’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”

’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)

’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)

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 20 of 28
20

’240 Claims 1, 6, 

13

“verifying connectivity in the 

network relating to at least Layer-2 

and Layer-3 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)

’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

’240 Claim 16 “OSI Layer 2” Data link layer

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 21 of 28
21

’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 

’240 Claims 1, 6, 

13

“Layer-3 objects” Network layer router

’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

’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).

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 22 of 28
22

’839 Claims 1, 6, 

11

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

’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).

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 23 of 28
23

’839 Claim 12 “a digital subscriber line-access 

multiplexer”

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

’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-00497-ADA Document 66-2 Filed 04/09/21 Page 24 of 28
24

’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. 

’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)

’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.

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 25 of 28
25

’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

’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.

’960 Claims 1, 9, 

15, 23

“video frames” A sequence of frames. 

’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 

Forming an encoded dual block by including a block of encoded original 

video signal and a block of encoded virtual reference data

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 26 of 28
26

indication” / “incorporating said 

encoded portions of said original 

video signal”

’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 is configured to 

discriminate a movement 

criterion”

Indefinite under 35 U.S.C. § 112(b)

’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-00497-ADA Document 66-2 Filed 04/09/21 Page 27 of 28
27

DATED: February 12, 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 12, 2021 with a copy of this document via

email.

/s/Lionel M. Lavenue 

Lionel M. Lavenue 

Case 6:20-cv-00497-ADA Document 66-2 Filed 04/09/21 Page 28 of 28