IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

WSOU INVESTMENTS LLC,

 Plaintiff 

-vHUAWEI TECHNOLOGIES CO., 

LTD., HUAWEI TECHNOLOGIES 

USA INC. 

 Defendants 

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§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

W-20-CV-00533 

W-20-CV-00534 

W-20-CV-00535 

W-20-CV-00536 

W-20-CV-00537 

W-20-CV-00538 

W-20-CV-00539 

W-20-CV-00540 

W-20-CV-00541 

W-20-CV-00542 

W-20-CV-00543 

W-20-CV-00544 

1

CLAIM CONSTRUCTION ORDER 

The Court held Markman hearings on April 22, 2021, April 26, 2021, and June 1, 2021. 

During those hearings, the Court provided its final constructions. The Court now enters those 

claim constructions. 

SIGNED this 1st day of June, 2021. 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 1 of 24
-533, -535, -540, and -543 Cases 

Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“performing a SRG (shared 

risk group) topology 

transformation of the network 

topology into a virtual 

topology that discourages the 

use of network resources” 

(’627 Patent, Claims 1, 29, 30) 

[Proposed by Defendant] 

Plain and ordinary meaning “performing a transformation 

of links and/or nodes of a SRG 

(shared risk group) of the 

network into a virtual topology 

that discourages the use of 

network resources” 

Plain-and-ordinary meaning. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 2 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“second code means adapted 

to, for at least one shared risk 

group, determine if any of the 

at least one shared risk group 

includes any of the first 

sequence of network 

resources” / “means adapted 

to, for at least one shared risk 

group, determine if any of the 

at least one shared risk group 

includes any of the first 

sequence of network 

resources” 

(’627 Patent, Claims 1, 29, 30) 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: determine if any of 

the at least one shared risk 

group includes any of the first 

sequence of network resources 

Structure: processing 

platform-readable medium, 

and equivalents thereof (claim 

29) / a network management 

platform, and equivalents 

thereof (claim 30) 

Algorithm (if required): see 

e.g., 2:13-54, 3:54-4:15, 

4:455:33, 6:23-37, 6:52-7:52, 

9:18-23, 12:46-50 Figs. 3A, 

3B, 6B, and equivalents 

thereof 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: determine if any of 

the at least one shared risk 

group includes any of the first 

sequence of network resources 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure 

Subject to 35 U.S.C. § 112, ¶ 

6. 

Function: determine if any of 

the at least one shared risk 

group includes any of the first 

sequence of network resources.

Structure: 

 Claim 29: “processing 

platform, and equivalents 

thereof” 

 Claim 30: “network 

management platform, and 

equivalents thereof” 

Algorithm:

 Claim 29: 3:54-4:15, Fig. 1 

 Claim 30: 3:54-4:15, Fig. 1 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 3 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“third code means for 

performing a SRG (shared risk 

group) topology 

transformation of the network 

topology into a virtual 

topology which discourages 

the use of network resources” / 

“means for performing a SRG 

(shared risk group) topology 

transformation of the network 

topology into a virtual 

topology which discourages 

the use of network resources” 

(’627 Patent, Claims 29, 30) 

[Proposed by both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: performing a SRG 

(shared risk group) topology 

transformation of the network 

topology into a virtual 

topology which discourages 

the use of network resources 

Structure: processing 

platform-readable medium, 

and equivalents thereof (claim 

29) / a network management 

platform, and equivalents 

thereof (claim 30) 

Algorithm (if required): see 

e.g., 2:31-3:18, 6:49-7:52, 

7:63-8:28, 8:30-9:35, Figs. 2, 

3A-3D, 4A, 4B, 5A, 5B, 6A6E, and equivalents thereof 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: performing a SRG 

(shared risk group) topology 

transformation of the network 

topology into a virtual 

topology which discourages 

the use of network resources 

Structure: A network 

management platform 

comprising algorithms for link 

and node transformations such 

as those described in Figures 

3C, 3D, 4A, and 4B, and the 

corresponding embodiments 

disclosed in 6:49-7:52, and 

equivalents thereof. 

Subject to 35 U.S.C. § 112, ¶ 

6. 

Function: “performing a SRG 

(shared risk group) topology 

transformation of the network 

topology into a virtual 

topology which discourages 

the use of network resources” 

Structure: 

 Claim 29: “processing 

platform, and equivalent, and 

equivalents thereof” 

 Claim 30: “network 

management platform, and 

equivalents thereof” 

Algorithm:

 Claim 29: 2:31-3:18, 6:49-

7:52, 7:63-8:28, 8:30-9:35, 

Figs. 2 (2-4 only), 3A-3D, 

4A, 4B, 5A, 5B, 6A-6E 

 Claim 30: 2:31-3:18, 6:49-

7:52, 7:63-8:28, 8:30-9:35, 

Figs. 2 (2-4 only), 3A-3D, 

4A, 4B, 5A, 5B, 6A-6E 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 4 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“switch over message” 

(’755 Patent, Claims 1, 5, 8, 

10, 13, 16, 18, 20, 23, 25) 

[Proposed by Defendant] 

Plain and ordinary meaning “a message which instructs a 

device to perform a switch 

over to the alternate path and 

which is not a message that 

indicates a fault has occurred 

in the network 

Plain-and-ordinary meaning. 

“originating network device” 

(’755 Patent, Claims 1, 3, 20) 

[Proposed by Defendant] 

Plain and ordinary meaning “a network device of a primary 

LSP which is not a source 

network device of the same 

primary LSP” 

Plain-and-ordinary meaning. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 5 of 24
“means for re-routing traffic 

traveling along the bidirectional LSP in the 

backwards direction to the 

alternate path in the 

backwards direction based on 

the switch over message” 

(’755 Patent, Claim 8) 

“means for re-routing traffic 

traveling along a bidirectional 

LSP in a backwards direction 

to an alternate path in the 

backwards direction based on 

the switch over message” 

(’755 Patent, Claim 23) 

“means for rerouting traffic 

traveling along the bidirectional LSP in a 

backwards direction to the 

same alternate path in the 

backwards direction based on 

the switch over message” 

(’755 Patent, Claim 25) 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: re-routing traffic 

traveling along the 

bidirectional LSP in the 

backwards direction to the 

alternate path in the backwards 

direction based on the switch 

over message 

(’755 Patent, Claim 8) 

Function: re-routing traffic 

traveling along a bi-directional 

LSP in a backwards direction 

to an alternate path in the 

backwards direction based on 

the switch over message 

(’755 Patent, Claim 23) 

Function: re-routing traffic 

traveling along the bidirectional LSP in a backwards 

direction to the same alternate 

path in the backwards direction 

based on the switch over 

message 

(’755 Patent, Claim 25) 

Structure: merging network 

device, and equivalents thereof

Subject to 35 U.S.C. § 112, ¶ 6 

Function: re-routing traffic 

traveling along the 

bidirectional LSP in the 

backwards direction to the 

alternate path in the backwards 

direction based on the switch 

over message 

(’755 Patent, Claim 8) 

Function: re-routing traffic 

traveling along a bidirectional 

LSP in a backwards direction 

to an alternate path in the 

backwards direction based on 

the switch over message 

(’755 Patent, Claim 23) 

Function: re-routing traffic 

traveling along the 

bidirectional LSP in a 

backwards direction to the 

same alternate path in the 

backwards direction based on 

the switch over message 

(’755 Patent, Claim 25) 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: 

 Claim 8: re-routing traffic 

traveling along the 

bidirectional LSP in the 

backwards direction to the 

alternate path in the 

backwards direction based on 

the switch over message 

 Claim 23: re-routing traffic 

traveling along a bidirectional LSP in a 

backwards direction to an 

alternate path in the 

backwards direction based on 

the switch over message 

 Claim 25: re-routing traffic 

traveling along the bidirectional LSP in a 

backwards direction to the 

same alternate path in the 

backwards direction based on 

the switch over message 

Structure: merging network 

device, and equivalents thereof 

Algorithm: 2:19-26, 2:52-55, 

3:21-25, Figs. 1, 2, 3 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 6 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

Algorithm (if required): see 

e.g., 2:7-32, 2:43-60, 3:13-36, 

Figs. 1, 2, 3 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 7 of 24
“means for transmitting a 

switch over message along 

the alternate path in the 

forward direction to a 

merging network device 

responsive for re- routing 

traffic traveling along the bidirectional LSP in a 

backward direction to the 

alternate path in the 

backward direction” 

(’755 Patent, Claim 20) 

“means for transmitting a 

switch over message, along the 

alternate path in the forward 

direction, for rerouting traffic 

traveling along the bidirectional LSP in a backward 

direction” 

(’755 Patent, Claim 25) 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: transmitting a 

switch over message along the 

alternate path in the forward 

direction to a merging network 

device responsive for rerouting traffic traveling along 

the bidirectional LSP in a 

backward direction to the 

alternate path in the backward 

direction 

(’755 Patent, Claim 20) 

Function: transmitting a 

switch over message, along the 

alternate path in the forward 

direction, for re-routing traffic 

traveling along the bidirectional LSP in a backward 

direction” 

(’755 Patent, Claim 25) 

Structure: originating network 

device, and equivalents thereof 

Algorithm (if required): see 

e.g., 1:51-56, 2:7-32, 2:43-60, 

3:9-36, Figs. 1, 2, 3 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: transmitting a 

switch over message along the 

alternate path in the forward 

direction to a merging network 

device responsible for rerouting traffic traveling along 

the bidirectional LSP in a 

backward direction to the 

alternate path in the backward 

direction 

(’755 Patent, Claim 20) 

Function: transmitting a 

switch over message, along the 

alternate path in the forward 

direction, for re-routing traffic 

traveling along the bidirectional LSP in a backwards 

direction 

(’755 Patent, Claim 25) 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure. 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: 

 Claim 20: transmitting a 

switch over message along 

the alternate path in the 

forward direction to a 

merging network device 

responsive for re-routing 

traffic traveling along the 

bidirectional LSP in a 

backward direction to the 

alternate path in the 

backward direction 

 Claim 25: transmitting a 

switch over message, along 

the alternate path in the 

forward direction, for rerouting traffic traveling along 

the bi-directional LSP in a 

backward direction” 

Structure: originating network 

device, and equivalents thereof 

Algorithm: 2:16-32, 2:49-59, 

3:9-28, Figs. 1, 2, 3 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 8 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“means for re-routing traffic 

traveling along a bidirectional 

LSP in a forward direction to 

an alternate path in the forward 

direction” 

(’755 Patent, claims 20, 25) 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: re-routing traffic 

traveling along a bidirectional 

LSP in a forward direction to 

an alternate path in the forward 

direction 

Structure: originating 

network device, and 

equivalents thereof 

Algorithm (if required): see 

e.g., 1:51-56, 2:7-32, 2:43-60, 

Figs. 1, 2, 3 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: re-routing traffic 

traveling along a bidirectional 

LSP in a forward direction to 

an alternate path 

in the forward direction 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure. 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: re-routing traffic 

traveling along a bidirectional 

LSP in a forward direction to 

an alternate path in the forward 

direction 

Structure: originating network 

device, and equivalents thereof 

Algorithm: 2:7-32, 3:9-36, 

Figs. 1, 3 

“means for means for [sic] 

receiving traffic traveling 

along a bi-directional LSP in a 

forward direction to an 

alternate path in the forward 

direction” 

(’755 Patent, Claims 23) 

 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: receiving traffic 

traveling along a bidirectional 

LSP in a forward direction to 

an alternate path in the forward 

direction 

Structure: merging network 

device, and equivalents thereof 

Algorithm (if required): see 

e.g., 2:7-32, 2:43-60, 3:13-36, 

Figs. 1, 2, 3 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: re-routing traffic 

traveling along a bidirectional 

LSP in a forward direction to 

an alternate path in the forward 

direction 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure. 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: receiving traffic 

traveling along a bidirectional 

LSP in a forward direction to 

an alternate path in the forward 

direction 

Structure: merging network 

device, and equivalents thereof 

Algorithm: 2:21-32, 2:55-60, 

Figs. 1, 2 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 9 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“determining whether said 

collected BER values worsen 

over time” 

(’112 Patent, Claims 1, 11) 

[Proposed by Defendant] 

Plain and ordinary meaning “determining whether said 

collected BER values worsen 

over time by comparing one or 

more of said recent ones of 

said collected BER values with 

said other collected BER 

values” 

Plain and ordinary meaning 

“a number of corrected errors 

(BCE) in a non-SCS base 

reference time period” 

(’727 Patent, Claims 1, 4, 5, 6, 

7) 

[Proposed by Defendant] 

Plain and ordinary meaning “the number of background 

corrected errors that have been 

corrected within a base 

reference time period which is 

different than the base 

reference time period used to 

detect uncorrected blocks” 

Plain-and-ordinary meaning. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 10 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“means for implementing a 

Performance Monitoring 

function based on data 

retrieved through a Forward 

Error Correction function” 

(’727 Patent, Claims 4, 5) 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: implementing a 

Performance Monitoring 

function based on data 

retrieved through a Forward 

Error Correction function 

Structure: telecommunication 

network management system, 

and equivalents thereof 

Algorithm (if required): see 

e.g., 1:63-2:21, 2:36-4:54, Fig. 

1, and equivalents thereof 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: implementing a 

Performance Monitoring 

function based on data 

retrieved through a Forward 

Error Correction function 

Structure: Algorithm 

disclosed in Figure 1, and 

equivalents thereof 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: implementing a 

Performance Monitoring 

function based on data 

retrieved through a Forward 

Error Correction function 

Structure: 

“telecommunication network 

management system, and 

equivalents thereof” 

Algorithm: 1:63-2:9, 2:36-

4:54, and Fig. 1 

“means for classifying said 

blocks as either corrected or 

uncorrected through the 

Forward Error Correction 

Function” 

(’727 Patent, Claims 4, 5) 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: classifying said 

blocks either as corrected or 

uncorrected through the 

Forward Error Correction 

function 

Structure: network node 

performing Forward Error 

Correction function, and 

equivalents thereof 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: classifying said 

blocks either as corrected or 

uncorrected through the 

Forward Error Correction 

function 

Structure: Indefinite for 

failure to disclosure sufficient 

corresponding structure 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: classifying said 

blocks either as corrected or 

uncorrected through the 

Forward Error Correction 

function 

Structure: network node 

performing Forward Error 

Correction function, and 

equivalents thereof 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 11 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“means for calculating the 

Performance Monitoring 

function by implementing a 

correlation of the information 

regarding said corrected and 

uncorrected blocks” 

(’727 Patent, Claims 4, 5) 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: calculating the 

Performance Monitoring 

function by implementing a 

correlation of the information 

regarding said corrected and 

uncorrected blocks 

Structure: telecommunication 

network management system, 

and equivalents thereof 

Algorithm (if required): see 

e.g., 1:63-2:21, 2:36-4:54, Fig. 

1, and equivalents thereof 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: calculating the 

Performance Monitoring 

Function by implementing a 

correlation of the information 

regarding said corrected and 

uncorrected blocks. 

Structure: Algorithmic 

structure: 

And equivalents thereof. 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: calculating the 

Performance Monitoring 

function by implementing a 

correlation of the information 

regarding said corrected and 

uncorrected blocks 

Structure: telecommunication 

network management system, 

and equivalents thereof 

Algorithm: 3:15-56 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 12 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“implementing a Performance 

Monitoring function based on 

data retrieved through a 

Forward Error Correction 

function” 

(’727 Patent, Claims 6, 7) 

[Proposed by Defendant] 

Plain and ordinary meaning Subject to 35 U.S.C. § 112, ¶ 6 

Function: implementing a 

Performance Monitoring 

function based on data 

retrieved through a Forward 

Error Correction function 

Structure: Algorithm 

disclosed in Figure 1, and 

equivalents thereof. 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: implementing a 

Performance Monitoring 

function based on data 

retrieved through a Forward 

Error Correction function 

Structure: “telecommunication 

network management system, 

and equivalents thereof” 

Algorithm: 1:63-2:9, 2:36-

4:54, Fig. 1 

“classifying said blocks as 

corrected or uncorrected 

through the Forward Error 

Correction function” 

(’727 Patent, Claims 6, 7) 

[Proposed by Defendant] 

Plain and ordinary meaning Subject to 35 U.S.C. § 112, ¶ 6 

Function: classifying said 

blocks as corrected or 

uncorrected through the 

Forward Error Correction 

function 

Structure: Indefinite for 

failure to disclosure sufficient 

corresponding structure 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: classifying said 

blocks either as corrected or 

uncorrected through the 

Forward Error Correction 

function 

Structure: network node 

performing Forward Error 

Correction function, and 

equivalents thereof 

 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 13 of 24
-534, -536, -538 and -542 Cases 

Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“a message to the upstream 

device to reduce a rate at 

which packets are sent to the 

queuing device to prevent the 

queue from filling” 

(’973 Patent, Claims 1, 9) 

[Proposed by Defendant] 

Plain and ordinary meaning “a message instructing the 

upstream device to reduce a 

rate at which packets are sent 

to the queuing device to 

prevent the queue from filing” 

Plain and ordinary meaning 

“the message” 

(’973 Patent, Claims 1, 9) 

[Proposed by Defendant] 

Plain and ordinary meaning Indefinite Indefinite. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 14 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“a module for sending the 

message from the e stream 

device to an upstream network 

device to thereby control a rate 

at which the upstream device 

receives packets from the 

upstream network device” 

(’973 Patent, Claim 9) 

Plain and ordinary meaning 

except that the phrase “e 

stream” should be “upstream” 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: sending the 

message from the e stream 

device to an upstream network 

device to thereby control a rate 

at which the upstream device 

receives packets from the 

upstream network device 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: sending the 

message from the upstream 

device to an upstream network 

device to thereby control a rate 

at which the upstream device 

receives packets from the 

upstream network device 

Structure: a processor 

Algorithm: N/A because 

pursuant to “sending” is a 

function a general-purpose 

processor can do without 

requiring special 

programming. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 15 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“a module for, if the depth of 

the queue passes a 

predetermined threshold, 

sending a message to the 

upstream device to reduce a 

rate at which packets are sent 

to the queuing device to 

prevent the queue from filling, 

thereby preventing packet 

discarding and loss by the 

queuing device” 

(’973 Patent, Claim 9) 

 

Plain and ordinary meaning Subject to 35 U.S.C. § 112, ¶ 6 

Function: sending a message 

to the upstream device to 

reduce a rate at which packets 

are sent to the queuing device 

to prevent the queue from 

filling, thereby preventing 

packet discarding and loss by 

the queuing device 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: if the depth of the 

queue passes a predetermined 

threshold, sending a message 

to the upstream device to 

reduce a rate at which packets 

are sent to the queuing device 

to prevent the queue from 

filling 

Structure: a processor 

Algorithm: None, and thus 

indefinite. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 16 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“a module for sending a 

message reporting the depth of 

the queue to the upstream 

device to thereby enable the 

upstream device to determine 

whether to reduce or increase 

the rate at which the upstream 

device sends packets to the 

queuing device” 

(’973 Patent, Claim 9) 

Plain and ordinary meaning Subject to 35 U.S.C. § 112, ¶ 6 

Function: sending a message 

reporting the depth of the 

queue to the upstream device 

to thereby enable the upstream 

device to determine whether to 

reduce or increase the rate at 

which the upstream device 

sends packets to the queuing 

device 

Structure: Indefinite for 

failure to disclose sufficient 

corresponding structure 

Subject to 35 U.S.C. § 112, ¶ 6 

Function: sending a message 

reporting the depth of the 

queue to the upstream device 

Structure: a processor 

Algorithm: N/A because 

pursuant to “sending” is a 

function a general-purpose 

processor can do without 

requiring special 

programming. 

“output indicator” 

(’466 Patent, Claims 1, 15) 

[Proposed by Defendant] 

Plain and ordinary meaning “indicator indicating an optical 

output being transmitted” 

Plain-and-ordinary meaning. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 17 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“output [indicator] threshold” 

(’466 Patent, Claims 1, 15) 

[Proposed by Defendant] 

Plain and ordinary meaning “time length or a percentage of 

a total time window duration” 

Plain-and-ordinary meaning. 

“[A method of /Apparatus for] 

regulating rogue behavior in an 

[optical network component 

comprising an optical 

transmitter/optical 

transmission device]” 

(’446 Patent, Claims 1, 15) 

[Proposed by Defendant] 

Plain and ordinary meaning “[A method of/Apparatus for] 

regulating rogue behavior by a 

subscriber-based [optical 

network component 

comprising an optical 

transmitter/optical 

transmission device]” 

Preambles are not limiting 

except for: 

 Claim 1: “optical 

transmitter” 

 Claim 15: “optical 

transmission device” 

Plain-and-ordinary meaning. 

 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 18 of 24
-537 and -539 Cases 

Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“capacity” 

(’512 Patent, Claims 1-18, 21-

24, 27) 

[Proposed by Defendant] 

Plain and ordinary meaning Load Plain-and-ordinary meaning. 

“selecting a first candidate 

base station using said 

evaluation of said signal 

quality from said first 

measurement report” 

(’224 Patent, Claim 1) 

[Proposed by Defendant] 

Plain and ordinary meaning “selecting a single candidate 

base station using said 

evaluation of said signal 

quality from said first 

measurement report” 

Plain-and-ordinary meaning 

wherein the plain-and-ordinary 

meaning of “a first candidate 

base station” is only one 

candidate base station. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 19 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“executable program means for 

causing a base station to 

perform the method when the 

program is run on the base 

station” 

(’224 Patent, Claim 15) 

[Proposed by Defendant] 

Plain and ordinary meaning 

and does not invoke 35 U.S.C. 

§ 112, ¶ 6. 

If the court finds the term 

invokes § 112, ¶ 6, however, 

then: 

Function: causing a base 

station to perform the method 

of claim 1. 

Structure: executable program 

code configured when 

executed to cause the base 

station to perform the method 

of claim 1; the example 

flowchart shown in Fig. 1 and 

its accompanying written 

description; example signaling 

described with reference to 

Figs. 2−4; the example 

selecting process described 

with reference to Fig. 5; the 

base station described with 

reference to Fig. 6; and 

equivalents of any of the 

foregoing 

Subject to 35 U.S.C. § 112, ¶ 

6. 

Function: causing a base 

station to perform the method 

when the program is run on the 

base station. 

Structure: The flow chart of 

Figure 1, and its 

accompanying written 

description, and equivalents 

thereof. 

Indefinite pursuant to IPXL 

Holdings, L.L.C. v. 

Amazon.com, Inc., 430 F.3d 

1377 (Fed. Cir. 2005). 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 20 of 24
-541 and -544 Cases 

Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“associated with a quality of 

the received CQI” / 

“associated with a quality of 

the received channel quality 

indicator (CQI)” 

(’199 Patent, Claims 1, 9, 15) 

[Proposed by Defendant] 

Plain and ordinary meaning “associated with a quality of 

received CQI channel” 

Plain-and-ordinary meaning 

“dynamically adjust a CQI 

channel configuration based on 

the comparison” 

(’199 Patent, Claims 1, 9) 

[Proposed by Defendant] 

Plain and ordinary meaning “a closed-loop process which 

dynamically adjusts a CQI 

channel configuration based 

upon the comparison of the 

short term or long term quality 

metrics” 

Plain-and-ordinary meaning 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 21 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

“generated by filtering frame 

based quality metrics over a 

plurality of frames” (’199 

Patent, Claim 1) / “generated 

by filtering frame based 

quality metrics over a period of 

more than one frame” (’199 

Patent, Claim 9) 

[Proposed by Defendant] 

Plain and ordinary meaning “created by processing frame 

based quality metrics over a 

plurality of frames in order to 

reject those long-term soft 

decision quality metrics that 

are unwanted” 

Plain-and-ordinary meaning 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 22 of 24
“means for generating soft 

decision quality metrics from a 

decoding process for a 

received channel quality 

indicator (CQI)” 

(’199 Patent, Claim 9) 

 

[Proposed by Both] 

Subject to 35 U.S.C. § 112, ¶ 

6. 

Function: “generating soft 

decision quality metrics from 

a decoding process for a 

received channel quality 

indicator (CQI)” 

Structure: CQI 

recovery/decoding unit; CQI 

metric generation unit; and 

equivalents thereof1

1

 - The structure identified here 

is intended to encompass 

relevant descriptions appearing 

throughout the specification. 

In disclosures served on 

opposing counsel prior to the 

instant brief, WSOU had 

identified the following 

exemplary disclosure of the 

’199 patent as relevant to the 

understanding of the 

corresponding structure for 

this term: Fig. 1 (rake receiver 

28, CQI recovery/decoding 

unit 30, and a CQI metric 

generation unit 32); Fig. 8; 

4:57−5:13; 5:17−21; 6:13−49; 

10:17−11:45; 12:4−53; 

Subject to 35 U.S.C. § 112, ¶ 

6. 

Function: “generating soft 

decision quality metrics from a 

decoding process for a 

received channel quality 

indicator (CQI)” 

Structure: a base station that 

includes a CQI 

recovery/decoding unit, CQI 

metric generation unit using 

the algorithm(s) of 13:58 

Subject to 35 U.S.C. § 112, ¶ 

6. 

Function: “generating soft 

decision quality metrics from a 

decoding process for a 

received channel quality 

indicator (CQI)” 

Structure: CQI 

recovery/decoding unit or CQI 

recovery/decoding unit and 

CQI metric generation unit; 

and equivalents thereof 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 23 of 24
Term Plaintiff’s Proposed 

Construction 

Defendant’s Proposed 

Construction 

Court’s Final Construction 

13:58−15:38; 16:42−46; 

16:47−49, etc.

“hybrid automatic repeat 

request process” 

(’199 Patent, Claims 1, 2, 5, 6, 

7, 9, 11-19) 

[Proposed by Defendant] 

Plain and ordinary meaning “process implementing a 

stop and wait protocol and 

soft combining where in the 

uplink a UE adjusts the 

PUSCH transmission 

according to PDCCH and/or 

PHICH information as 

detected by the UE” 

Plain-and-ordinary meaning 

“the resources are persistently 

allocated for transmitting the 

new uplink packet 

transmission” 

(’199 Patent, Claim 2) 

[Proposed by Defendant] 

Plain and ordinary meaning Indefinite Indefinite. 

Case 6:20-cv-00541-ADA Document 67 Filed 06/01/21 Page 24 of 24