EXHIBIT 8

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 1 of 9
From: Ryan Loveless

To: *** GDC-Dell_WSOU; bshelton@sheltoncoburn.com

Cc: IPTeam; mark waltfairpllc.com

Subject: RE: WSOU v. Dell et al., Case Nos. 6:20-CV-00473-486; Revised List of Terms/Constructions

Date: Wednesday, February 10, 2021 10:08:53 PM

[External Email]

Counsel:

Your proposal on regrouping of patents (which results in increasing the page count from 100 pages to 110 pages) does not comply

with the Court’s order. The Court’s order points to the parties submitted stipulation. The parties had agreed on 100 total pages and 36 total

terms.

 If you want to re-allocate that total by shifting some pages/terms from one group to another, we are open to that proposal, as long as

the groupings and total page limits remain the same to comply with the Court’s order. 

For example, based on your grouping of terms, we are fine with this allocation of pages.

Group Terms Opening/Response Reply/Sur-reply

Group 1 (4 patents)

‘133 Patent

‘800 Patent

‘309 Patent

‘360 Patent

15 35 18

Group 2 (2 patents)

‘144 Patent

‘921 Patent

4 15 7

Group 3 (2 patents)

‘489 Patent

‘020 Patent

4 15 7

Group 4 (4 patents)

‘435 Patent

‘536 Patent

‘888 Patent

‘129 Patent

13 35 18

On MPF terms, as noted in our call, we have agreed to the application of applicable case law concerning equivalent structures on

mean-plus-function terms. On your requested reservation of rights, we do not agree to set aside the Court’s order.

Ryan Loveless | Etheridge Law Group

2600 East Southlake Blvd | Suite 120-324 |Southlake, TX 76092

ryan@etheridgelaw.com | T 972 292 8303 | F 817 887 5950

From: Chung, Jaysen S. <JSChung@gibsondunn.com> 

Sent: Monday, February 8, 2021 9:04 PM

To: Ryan Loveless <ryan@etheridgelaw.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; bshelton@sheltoncoburn.com; IPTeam <IPTeam@etheridgelaw.com>; mark

waltfairpllc.com <mark@waltfairpllc.com>

Subject: RE: WSOU v. Dell et al., Case Nos. 6:20-CV-00473-486; Revised List of Terms/Constructions

Ryan,

In view of the Court’s order, Defendants identify the attached disputes to brief to the Court. With respect to those terms that Defendants do

not include in this list, Defendants maintain their position that the proposed constructions (or indefiniteness) for those terms should be

adopted. However, due only to the constraints imposed by the Court, Defendants are forced to select terms for construction at this time that

do not include all terms that should be construed. Should those claims that implicate such terms remain in the case, Defendants reserve the

right to seek relief from the Court on those terms.

With respect to the ‘921 Patent, in an effort to limit the terms presented to the Court, although Defendants believe their proposed

constructions below are the appropriate constructions, in view of the limits on the number of terms for construction imposed by the Court,

Defendants’ are willing to accept WSOU’s proposals for the following terms with the proposed modifications. We understand, based on the

meet and confer process, that the addition to WSOU’s Proposal of “and equivalent structures” was agreeable to WSOU. Please let us know if

WSOU will agree to the remaining modifications.

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 2 of 9
Claim Term, Clause, or

Phrase

Claim(s) Defendants’ Proposal WSOU’s Proposal (with

Defendants’ edits)

“computing means for

control of the nodes”

(claim 1) /

“computing means for

controlling the node”

(claims 9 & 17)

1, 9, 17 This term is subject to 35 U.S.C. § 112, ¶ 6.

Claim 1

Function: control of the nodes

Structure: Control plane 200 including CPU

206; and equivalent structures

Claims 9 & 17

Function: controlling the node

Structure: Control plane 200 including CPU

206; and equivalent structures

Subject to means-plus-function

construction.

Function: control of the nodes

Structure: CPU 206; and equivalent

structures

“means for fast

propagation of node

related information

between the data

plane means in each

node and forwarding

the information to the

computing means in

the network” (claim 1)

/ “means for fast

propagation of node

related information to

and from the data

plane means in other

nodes in the network

and forwarding the

information to the

computing means”

(claims 9 & 17)

1, 9, 17 This term is subject to 35 U.S.C. § 112, ¶ 6.

Claim 1

Function: [1] fast propagation of node

related information between the data

plane means in each node and [2]

forwarding the information to the

computing means in the network

Structure: Switching fabric 214 and link

interface 216, wherein the link interface

comprises Fast Link State processor (FLSP)

218 and link failure database (LFDB) 228;

and equivalent structures

Claim 9 & 17

Function: [1] fast propagation of node

related information to and from the data

plane means in other nodes in the network

and [2] forwarding the information to the

computing means

Structure: Switching fabric 214 and link

interface 216, wherein the link interface

comprises Fast Link State processor (FLSP)

218 and link failure database (LFDB) 228;

and equivalent structures

Subject to means-plus-function

construction.

Function: fast propagation of node

related information between the

data plane means in each node and

forwarding the information to the

computing means in the network

Structure: 3:19-52 (switching fabric

214 and link interface 216; wherein

the link interface comprisesing a fast

link state processor (FSLP) 218 and a

link failure database (LFDB)

structure 228), 4:1-4, 7:18-20

(forwarding to CPU over link 236);

and equivalent structures

“means for fast

propagation of link

state information”

1, 9, 17 This term is subject to 35 U.S.C. § 112, ¶ 6.

Claims 1, 9, and 17

Function: fast propagation of link state

information

Structure: Switching fabric 214 and link

interface 216, wherein the link interface

comprises Fast Link State processor (FLSP)

218 and link failure database (LFDB) 228;

and equivalent structures

Subject to means-plus-function

construction.

Function: fast propagation of link

state information

Structure: 7:60-8:3 (Fast Link State

Processor (FLSP) 218, Fabric

Interface 226 and Switch Fabric 214

structurefor sending FSLMs), 8:21-

27; and equivalent structures

In view of the 15 terms now in group 1, and our shift of the 435 to group 3, here is the breakdown of pages we wish to allocate.

Group Terms Opening/Response Reply/Sur-reply

Group 1 (4 patents)

133

800

309

360

15 35 18

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 3 of 9
Group 2 (2 patents)

144

921

4 15 7

Group 3 (3 patents)

489

020

435

8 30 15

Group 4 (3 patents)

536

888

129

9 30 15

Jaysen S. Chung

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

555 Mission Street, San Francisco, CA 94105-0921

Tel +1 415.393.8271 • Fax +1 415.374.8405

JSChung@gibsondunn.com • www.gibsondunn.com

From: Rosenthal, Brian A. 

Sent: Monday, February 8, 2021 10:05 AM

To: Ryan Loveless <ryan@etheridgelaw.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; bshelton@sheltoncoburn.com; IPTeam <IPTeam@etheridgelaw.com>; mark

waltfairpllc.com <mark@waltfairpllc.com>

Subject: RE: WSOU v. Dell et al., Case Nos. 6:20-CV-00473-486; Revised List of Terms/Constructions

Ryan – we will respond later today.

Brian A. Rosenthal

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

Tel +1 212.351.2339 • Mobile +1 703.989.7879 

BRosenthal@gibsondunn.com • www.gibsondunn.com

From: Ryan Loveless <ryan@etheridgelaw.com> 

Sent: Friday, February 5, 2021 4:27 PM

To: Rosenthal, Brian A. <BRosenthal@gibsondunn.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; bshelton@sheltoncoburn.com; IPTeam <IPTeam@etheridgelaw.com>; mark

waltfairpllc.com <mark@waltfairpllc.com>

Subject: RE: WSOU v. Dell et al., Case Nos. 6:20-CV-00473-486; Revised List of Terms/Constructions

[External Email]

Counsel:

In light of the Court’s order, please provide your list of 36 terms across the cases by Monday, February 8, at noon CT. Also, OGP 3.2

prescribes the following page count for the groups.

Group Opening/Response Reply/Sur-reply

Group 1 (4 patents) 30 15

Group 2 (2 patents) 20 10

Group 3 (2 patents) 20 10

Group 4 (4 patents) 30 15

For opening and response briefs, this is a total of 100 pages. Please let us know how you wish to allocate those 100 pages between the 4

briefs. For example, if you want to move 10 pages from Group 4 to Group 1, we would consider that proposal, as long as the total pages is

still 100 pages. We look forward to your timely reply by Monday noon. Time is of essence given we are drafting our brief now.

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 4 of 9
Ryan Loveless | Etheridge Law Group

2600 East Southlake Blvd | Suite 120-324 |Southlake, TX 76092

ryan@etheridgelaw.com | T 972 292 8303 | F 817 887 5950

From: Rosenthal, Brian A. <BRosenthal@gibsondunn.com> 

Sent: Thursday, February 4, 2021 1:10 PM

To: Ryan Loveless <ryan@etheridgelaw.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; bshelton@sheltoncoburn.com; IPTeam <IPTeam@etheridgelaw.com>; mark

waltfairpllc.com <mark@waltfairpllc.com>

Subject: RE: WSOU v. Dell et al., Case Nos. 6:20-CV-00473-486; Revised List of Terms/Constructions

Ryan,

As you are aware, there is a pending dispute with the Court as to the Group 1 patents. Defendants therefore will provide WSOU with a

revised list as to Group 1 once the Court has resolved the dispute.

For Groups 2-4, below is a narrowed list of terms, with the ’435 patent in Group 3 as proposed by Defendants. We are providing this

narrowed set to comply with the Court’s limits on claim construction terms. We reserve our right to pursue later in this case all claim

construction arguments we previously identified, including indefiniteness arguments, that we are not able to identify here based on the

Court’s limits. Note also that we have simplified the “processing unit” term in the ‘435 patent.

A. GROUP 2 (8 terms)

1. ’144 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“group of communication traffic” 1, 4, 11, 12,

14

“traffic in a VLAN or other identifiable

communications group”

Plain and ordinary meaning

“V is a group identifier

corresponding to the group of

communication traffic”

1, 11, 14 Plain and ordinary meaning; but the group

identifier cannot be a hash value based on

packet fields such as source address and

destination address

Plain and ordinary meaning

“contiguous communication path” /

“the plurality of contiguous

communication paths”

1, 11, 14 Indefinite Plain and ordinary meaning

2. ’921 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“computing means for control of

the nodes” (claim 1) /

“computing means for controlling

the node” (claims 9 & 17)

1, 9, 17 This term is subject to 35 U.S.C. § 112, ¶ 6.

Claim 1

Function: control of the nodes

Structure: Control plane 200 including CPU

206; and equivalent structures

Claims 9 & 17

Function: controlling the node

Structure: Control plane 200 including CPU

206; and equivalent structures

Subject to means-plus-function construction.

Function: control of the nodes

Structure: CPU 206

“data plane means for forwarding

packets between the nodes”

(claim 1) / “data plane means for

forwarding packets to other nodes

in the network” (claims 9 & 17)

1, 9, 17 This term is subject to 35 U.S.C. § 112, ¶ 6.

Claim 1

Function: forwarding packets between the

nodes

Structure: Data plane 202 (distinct from the

computing means) including switching fabric

214 and link interface 216; and equivalent

structures

Claim 9 & 17

Function: forwarding packets to other nodes

in the network

Structure: Data plane 202 (distinct from the

computing means) including switching fabric

Subject to means-plus-function construction.

Function: forwarding packets between the

nodes

Structure: 4:44-60 (link interface 216 and

switching fabric 214)

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 5 of 9
214 and link interface 216; and equivalent

structures

“means for fast propagation of

node related information between

the data plane means in each

node and forwarding the

information to the computing

means in the network” (claim 1) /

“means for fast propagation of

node related information to and

from the data plane means in

other nodes in the network and

forwarding the information to the

computing means” (claims 9 & 17)

1, 9, 17 This term is subject to 35 U.S.C. § 112, ¶ 6.

Claim 1

Function: [1] fast propagation of node related

information between the data plane means in

each node and [2] forwarding the information

to the computing means in the network

Structure: Switching fabric 214 and link

interface 216, wherein the link interface

comprises Fast Link State processor (FLSP) 218

and link failure database (LFDB) 228; and

equivalent structures

Claim 9 & 17

Function: [1] fast propagation of node related

information to and from the data plane means

in other nodes in the network and [2]

forwarding the information to the computing

means

Structure: Switching fabric 214 and link

interface 216, wherein the link interface

comprises Fast Link State processor (FLSP) 218

and link failure database (LFDB) 228; and

equivalent structures

Subject to means-plus-function construction.

Function: fast propagation of node related

information between the data plane means

in each node and forwarding the information

to the computing means in the network

Structure: 3:19-52 (switching fabric 214 and

link interface 216 comprising a fast link state

processor (FSLP) and a link failure database

(LFDB) structure), 4:1-4, 7:18-20 (forwarding

to CPU over link 236)

“means for fast propagation of link

state information”

1, 9, 17 This term is subject to 35 U.S.C. § 112, ¶ 6.

Claims 1, 9, and 17

Function: fast propagation of link state

information

Structure: Switching fabric 214 and link

interface 216, wherein the link interface

comprises Fast Link State processor (FLSP) 218

and link failure database (LFDB) 228; and

equivalent structures

Subject to means-plus-function construction.

Function: fast propagation of link state

information

Structure: 7:60-8:3 (FLSP 218, Fabric

Interface 226 and Switch Fabric 214

structure for sending FSLMs), 8:21-27.

“fast propagation” 1, 9, 17 Indefinite

In the alternative this means “much faster

than using the computing means, e.g. by using

OSPF routing protocol”

Plain and ordinary meaning

A. GROUP 3 (10 terms)

1. ’489 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“the first set of port interfaces of

the multi-chassis link aggregate”

1, 8, 15 Indefinite Plain and ordinary meaning

2. ’020 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“removing, at the network node,

the protocol data of a portion of

protocol layers from the received

data stream” (claim 1) / “removes

protocol data from a portion of

protocol layers from a data

stream” (claim 6)

1, 6 Indefinite Plain and ordinary meaning

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 6 of 9
“a control unit which removes

protocol data from a portion of

protocol layers from a data stream

received from the communication

network via the second interface,

the data stream comprising useful

data and the protocol data, and

switches a remaining data stream

to be transmitted to one of the

terminals via the first interface”

6 Indefinite

In the alternative: this term is subject to 35

U.S.C. § 112, ¶ 6.

Function: [1] removes protocol data from a

portion of protocol layers from a data stream

received from the communication network via

the second interface, the data stream

comprising useful data and the protocol data,

and [2] switches a remaining data stream to

be transmitted to one of the terminals via the

first interface

Structure: control unit CONTR executing

function PHN, containing processes P1 to P3

and function SW; and equivalent structures

Plain and ordinary meaning

“bus system” 1, 6 “a network that does not include any active

components such as switching nodes,

gateways, routers, or bridges, wherein all

nodes are connected to a single wire”

Plain and ordinary meaning

3. ’435 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“setting the IPPC of one of the ports

of one of said bridges within the

MSTI to a lower IPPC when said port

is part of the VLAN member set”

1, 8, 13 order of steps

The setting of the IPPC to a lower IPPC must

occur after the creation and configuration of

the Multiple Spanning Tree Instances step

and after the creation of the VLAN member

sets step

Plain and ordinary meaning

“Multiple Spanning Tree Protocol

(MSTP) engine”

3, 14 Indefinite Plain and ordinary meaning

“processing unit for setting the

Internal Port Path Cost (IPPC) of one

of the ports of one of said bridges

within the MSTI...”

8 This is subject to 35 U.S.C. § 112, ¶ 6.

Function: setting the Internal Port Path Cost

(IPPC) of one of the ports of one of said

bridges within the MSTI...

Structure: Indefinite

Plain and ordinary meaning

“among the last ones” / “among the

first ones”

6, 10, 17 Indefinite Plain and ordinary meaning

“ideally” 7, 11, 18 Indefinite Plain and ordinary meaning

entirety of claims 9–11, 13–

18

Indefinite Plain and ordinary meaning

B. GROUP 4 (10 terms)

1. ’536 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“bridge” 1, 12 “a network interface device that operates no

higher than the data link layer”

Plain and ordinary meaning

“channel in a connection-based

network”

1, 12 “one of the paths that has been established in

a network for communications”

Plain and ordinary meaning

“means for reading priorities of

data frames directed by the bridge

to at least a first one of the bridge

ports”

12 This term is subject to 35 U.S.C. § 112, ¶ 6.

Function: reading priorities of data frames

directed by the bridge to at least a first one of

Subject to means-plus-function construction.

Function: reading priorities of data frames

directed by the dribe [sic] to at least a first

one of the bridge ports

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 7 of 9
the bridge ports

Structure: Indefinite

Structure: bridge, and equivalents thereof

“forwarding system configured to

read a priority of a data frame to

be forwarded onto the

connection-based network by way

of the first one of the ports,

identify a service interface which

the map indicates corresponds to

the read user priority and forward

the data frame over the channel

in the connection-based network

associated with the identified

service interface”

1 This term is subject to 35 U.S.C. § 112, ¶ 6.

Function: read a priority of a data frame to be

forwarded onto the connection-based

network by way of the first one of the ports,

identify a service interface which the map

indicates corresponds to the read user priority

and forward the data frame over the channel

in the connection-based network associated

with the identified service interface

Structure: Indefinite

Plain and ordinary meaning

2. ’888 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“stackable trunk port” 1, 15 “trunk port supporting the Riverstone

solution (i.e. the additional extension 802.1Q

packet header)”

Plain and ordinary meaning

“backbone VLAN trunk” 1, 15 “data transport trunk links defined between

stackable trunk ports on core routers”

Plain and ordinary meaning

“wherein the selection and

association of at least one backbone

VLAN ID with each one of the

corresponding plurality of backbone

VLAN trunks is undertaken

irrespective of one of an in-use and a

stand-by designation of each one of

the plurality of backbone VLAN

trunks and each one of the plurality

of stackable trunk ports” (claim 1) /

“wherein the association of the

plurality of backbone VLAN IDs with

the backbone VLAN trunk is

undertaken irrespective of one of an

in-use and a stand-by designation of

the backbone VLAN trunk and the at

least one stackable trunk port”

(claim 15)

1, 15 “wherein the provisioning method ignores

the designation of a backbone VLAN trunk as

in-use or stand-by when associating the

backbone VLAN ID with the backbone VLAN

trunks (as opposed to, during association of

VLANs with trunks, explicitly designating

physical VLANs associated with a logical VLAN

as in-use and explicitly designating other

physical VLANs associated with the logical

VLAN as back-up)”

Plain and ordinary meaning

“associating each of the backbone

VLAN ID with each one of the

plurality of backbone VLAN trunks”

1 Indefinite

In the alternative: “associating each of the

backbone VLAN ID with all of the backbone

VLAN trunks”

Plain and ordinary meaning

3. ’129 Patent

Claim Term, Clause, or Phrase Claim(s) Defendants’ Construction Plaintiff’s Construction

“rate of change” 3 Plain and ordinary meaning; not an

instantaneous value measured at a fixed

point in time

Plain and ordinary meaning

“initiating a poll of resources in the

nodes of the network by the

management station in response to

reporting from the node or a time

interval being exceeded”

3 Both of these events trigger a poll Plain and ordinary meaning

Brian A. Rosenthal

GIBSON DUNN

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 8 of 9
Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

Tel +1 212.351.2339 • Mobile +1 703.989.7879 

BRosenthal@gibsondunn.com • www.gibsondunn.com

From: Ryan Loveless <ryan@etheridgelaw.com> 

Sent: Thursday, February 4, 2021 12:30 AM

To: Rosenthal, Brian A. <BRosenthal@gibsondunn.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; bshelton@sheltoncoburn.com; IPTeam <IPTeam@etheridgelaw.com>; mark

waltfairpllc.com <mark@waltfairpllc.com>

Subject: WSOU v. Dell et al., Case Nos. 6:20-CV-00473-486; Revised List of Terms/Constructions

[External Email]

Counsel:

Pursuant to the scheduling order's deadline to meet and confer to narrow terms in dispute and exchange revised lists of terms/constructions,

WSOU has no revisions to its list or constructions.

WSOU's list of terms remains as the eleven (11) selected by both sides and presented to the Court's clerk in the spreadsheet dated February

2, 2021.

Ryan Loveless | Etheridge Law Group

2600 East Southlake Blvd | Suite 120-324 |Southlake, TX 76092

ryan@etheridgelaw.com | T 972 292 8303 | F 817 887 5950

This message may contain confidential and privileged information for the sole use of the intended recipient. Any review, disclosure,

distribution by others or forwarding without express permission is strictly prohibited. If it has been sent to you in error, please reply to advise

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This message may contain confidential and privileged information for the sole use of the intended recipient. Any review, disclosure,

distribution by others or forwarding without express permission is strictly prohibited. If it has been sent to you in error, please reply to advise

the sender of the error and then immediately delete this message. 

Please see our website at https://www.gibsondunn.com/ for information regarding the firm and/or our privacy policy.

Case 6:20-cv-00480-ADA Document 82-10 Filed 03/17/21 Page 9 of 9