IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

WSOU INVESTMENTS, LLC D/B/A 

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v. 

GOOGLE LLC,

Defendant.

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CIVIL ACTION 6:20-cv-00571-ADA

CIVIL ACTION 6:20-cv-00572-ADA

CIVIL ACTION 6:20-cv-00573-ADA

CIVIL ACTION 6:20-cv-00574-ADA

CIVIL ACTION 6:20-cv-00575-ADA

CIVIL ACTION 6:20-cv-00576-ADA

CIVIL ACTION 6:20-cv-00577-ADA

CIVIL ACTION 6:20-cv-00578-ADA

CIVIL ACTION 6:20-cv-00579-ADA

CIVIL ACTION 6:20-cv-00580-ADA

CIVIL ACTION 6:20-cv-00581-ADA

CIVIL ACTION 6:20-cv-00582-ADA

CIVIL ACTION 6:20-cv-00583-ADA

CIVIL ACTION 6:20-cv-00584-ADA 

CIVIL ACTION 6:20-cv-00585-ADA

CLAIM CONSTRUCTION ORDER

The Court provided its preliminary constructions on March 23, 2021. The Court held a 

claim construction hearing on March 25, 2021. ECF No. 45.

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

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

Claim Term/ Phrase Court’s Construction

“continuous wave doppler radar” 

United States Patent No. 9,335,825

Claims 1 and 19

Plain and ordinary meaning

“at least one memory and the computer 

program code are configured, with the at least 

one processor, to cause the apparatus to at 

least: detect

that an application is being started on the 

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: detect that an application is being 

started on the apparatus; in response to the 

application being started on the apparatus, 

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 1 of 8
apparatus; in response to the application being 

started on the apparatus, turn on a continuous 

wave doppler radar at the apparatus” 

United States Patent No. 9,335,825

Claim 1

turn on a continuous wave doppler radar at 

the apparatus

Structure: none; indefinite

“tap direction” 

United States Patent No. 7,777,728

Claims 1, 11, 16

Plain and ordinary meaning

“communication traffic exchanged with a 

communication network subscriber over an 

access communication link”

United States Patent No. 8,041,806

Claims 1, 9, 10, 11, 14

Plain and ordinary meaning

“access network”

United States Patent No. 8,041,806

Claims 1, 7, 9, 10, 11, 14

Plain and ordinary meaning

“a behavioral information collector operable 

to monitor communication traffic exchanged 

with a communication network subscriber 

over an access communication link”

United States Patent No. 8,041,806

Claims 1, 9, 10

Plain and ordinary meaning

“the behavioral information collector being 

configurable to collect from any of a plurality 

of types of communication traffic in the 

monitored communication traffic behavioral 

information indicative of behavior of the 

subscriber in using the access communication 

link”, “the behavioral information collector 

operable to . . . collect from the monitored 

communication traffic behavioral information 

indicative of behavior of the subscriber in 

using the access communication link”, and 

“the behavioral information collector being 

configurable to collect the behavioral 

information from any of a plurality of types of 

communication traffic in the monitored 

communication traffic”

United States Patent No. 8,041,806

Claims 1, 9, 10

Plain and ordinary meaning

“alert”

United States Patent No. 7,304,563

Claims 1, 12, 16 

Plain and ordinary meaning

“alerting unit configured to issue an alert”

United States Patent No. 7,304,563

Claim 1

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: issue an alert

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 2 of 8
Structure: The structure disclosed for the 

alerting unit (which includes a processor) 

must employ an algorithm to at least initiate a 

connection to another communication 

terminal over a network.

The Court finds that no algorithm was 

disclosed. This term is indefinite. 

“signaling unit configured to locally signal to 

a user”

United States Patent No. 7,304,563

Claim 1

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: locally signal to a user

Structure:

loudspeaker, light, vibrating unit, and 

equivalents thereof. ’563 patent, 2:57-58, 4:4-

8

“initiating [a/the] connection to the other 

communication

terminal at a predetermined time offset from 

[signaling the user using the signaling 

unit/locally signaling the

users/signaling the user by the signaling 

means]”

United States Patent No. 7,304,563

Claims 1, 12, 16

Plain and ordinary meaning

“the terminal”

United States Patent No. 7,304,563

Claim 12

Indefinite

“issuing means for issuing an alert”

United States Patent No. 7,304,563

Claim 16

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: issuing an alert 

Structure: Indefinite, see “alerting unit 

configured to issue an alert”

“autofocus algorithm” 

United States Patent No. 8,238,681

Claims 1, 9, 16, and 24

Plain and ordinary meaning. 

The Court notes that Plaintiff did not raise its 

proposed construction in its briefs. 

“second part in between the first part and the 

second part” 

United States Patent No. 8,238,681

Claims 1, 9, 16, and 24

Indefinite

“means for assigning a focus value mask to 

each of the plurality of parts of the at least 

one sub-window” 

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: assigning a focus value mask to 

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 3 of 8
United States Patent No. 8,238,681

Claim 24

each of the plurality of parts of the at least 

one sub-window

Structure: none; indefinite

“a processor configured to ...” 

United States Patent No. 8,238,681

Claim 16

Plain and ordinary meaning

“broadcast” / “broadcasting”

United States Patent No. 7,620,967

Claims 1, 7

Plain and ordinary meaning

“contact information”

United States Patent No. 8,559,928

Claims 1, 15, 23

Plain and ordinary meaning

“tree structure”

United States Patent No. 8,559,928

Claims 1, 15, 23

Plain and ordinary meaning

“a list of actions” and “a plurality of actions”

United States Patent No. 8,751,585

Claims 1, 9, 17

Plain and ordinary meaning

“moving the selected electronic message from 

the inbox to the archive location after 

detection of the action defined in the 

archiving rule” 

United States Patent No. 8,751,585

Claim 1 

“to move the selected electronic message

from the inbox to the archive location after 

detection of the action defined in the 

archiving rule” 

United States Patent No. 8,751,585

Claim 9

“moving the first electronic message from the 

inbox of the electronic mail client associated 

with the user to the first storage location 

associated with the first archiving rule after 

the first action specified in the first archiving 

rule is detected” 

United States Patent No. 8,751,585

Claims 1, 9, 17

Plain and ordinary meaning

“client management processor configured to 

enable the user to select an electronic message 

from the inbox” 

United States Patent No. 8,751,585

Claim 9

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: to enable the user to select an 

electronic message from the inbox

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 4 of 8
Structure: indefinite 

“a detection processor configured to detect 

the action defined in the archiving rule 

assigned to the selected electronic message 

was carried out” 

United States Patent No. 8,751,585

Claim 9

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: to detect the action defined in the 

archiving rule assigned to the selected 

electronic message was carried out

Structure: indefinite

“a collaborative application management 

processor configured to manage collaborative 

applications” 

United States Patent No. 8,751,585

Claim 9

Subject to 35 U.S.C. § 112, ¶ 6. 

Function: to manage collaborate applications

Structure: indefinite

“stationary state” 

United States Patent No. 8,737,961

Claims 1 and 11

Plain and ordinary meaning

“incrementing [of] a count[er] for a stationary 

state” 

United States Patent No. 8,737,961

Claims 1 and 11

Plain and ordinary meaning

“determin[e/ing] a primary set of stationary 

states” 

United States Patent No. 8,737,961

Claims 1 and 11

Plain and ordinary meaning

“a pre-emptive user output”

(all claims)

United States Patent No. 8,965,045

(Proposed by Defendant)

An output provided to the user to preemptively avoid e.g. 

loss of tracking,

an undesirable result

“said processor configured to provide a preemptive user output when the sub-set of 

pixels approaches an edge of the set of 

available pixels”

United States Patent No. 8,965,045

Claim 1

Subject to means-plus-function treatment 

under 35 U.S.C. § 112, ¶ 6. 

Function: provide a pre-emptive user output 

when the sub-set of pixels approaches an edge 

of the set of available pixels.

Structure: none; indefinite.

“a content transfer controller configured to 

determine an acceptable activity period by 

monitoring usage of the one or more 

components over a particular time duration, 

and wherein the content transfer controller is 

configured to determine that an acceptable 

activity period is present when the usage of 

Plain and ordinary meaning

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 5 of 8
the one or more components is determined to 

have been below a particular threshold level 

over the particular time duration”

United States Patent No. 8,595,283

Claim 1

“the selected item of content”

United States Patent No. 8,595,283

Claims 1, 2, 3, 10, 21

Plain and ordinary meaning

“an acceptable level of device activity”

United States Patent No. 8,595,283

Claim 21

Plain and ordinary meaning

“monitoring usage of one or more 

components ...over a particular time 

duration”

United States Patent No. 8,595,283

Claims 1, 10

Plain and ordinary meaning

“client-side compositing of media streams”

United States Patent No. 8,640,180

All claims

Preamble is limiting

“wherein the compositing-instruction 

substream indicating the area of the display 

screen to display the at least one media 

substream is an area to display one of the on 

screen display and a picture-in-picture”

United States Patent No. 8,640,180

Claims 8, 21

Plain and ordinary meaning

“the input image” 

United States Patent No. 7,946,491

Claims 1, 13, 25, and 41

Plain and ordinary meaning

“performing a correction on the input image” 

United States Patent No. 7,946,491

Claims 1, 13, 25, and 41

Plain and ordinary meaning

“new frame” 

United States Patent No. 7,946,491

Claims 1, 13, 25, and 41

Plain and ordinary meaning

“computer program product comprising at 

least one computer-readable storage medium 

having computer-readable program code

portions stored therein, the computer-readable 

program code portions comprising ... a 

first/second/third/fourth/fifth executable 

portion for . . .” 

United States Patent No. 7,946,491

Claim 13

Plain and ordinary meaning

“apparatus comprising a processor and Plain and ordinary meaning

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 6 of 8
memory including computer program code, 

the memory and the computer program code 

configured to, with the processor, cause the 

apparatus at least to . . .” 

United States Patent No. 7,946,491

Claim 25

“means for processing an input image for an 

attempt to decode the input image using a 

current barcode reading method, the 

processing including performing a correction 

on the input image” 

United States Patent No. 7,946,491

Claim 41

Function: processing an input image for an 

attempt to decode the input image using a 

current barcode reading method, the 

processing including performing a correction 

on the input image

Structure: 9:58 to 11:23, 15:25 to 16:52.

“means for determining whether the 

processing of the input image is successful 

based on a determination as to whether the 

correction is completed” 

United States Patent No. 7,946,491

Claim 41

Function: determining whether the 

processing of the input image is successful 

based on a determination as to whether the 

correction is completed

Structure: processing element 72, operations 

210

“means for switching to one of a different 

barcode reading method or processing a new 

frame of the input image using the current 

barcode reading method in response to the 

processing of the input image being 

unsuccessful” 

United States Patent No. 7,946,491

Claim 41

Function: switching to one of a different 

barcode reading method or processing a new 

frame of the input image using the current 

barcode reading method in response to the 

processing of the input image being 

unsuccessful

Structure: processing element 72, operations 

260, 270

“means for attempting a decode of the input 

image using the current barcode reading 

method in response to the processing of the 

input image being successful” 

United States Patent No. 7,946,491

Claim 41

Function: attempting a decode of the input 

image using the current barcode reading 

method in response to the processing of the 

input image being successful”

Structure: barcode reading element 70, 

processing

element 72, operations 210-220

“means for performing a switch to the 

different barcode reading method in response 

to a failure of the attempt to decode the input 

image using the current barcode reading 

method” 

United States Patent No. 7,946,491

Claim 41

Function: performing a switch to the 

different barcode reading method in response 

to a failure of the attempt to decode the input 

image using the current barcode reading 

method

Structure: barcode reading element 70, 

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 7 of 8
processing element 72, operations 220-230,s 

270

IT IS SO ORDERED.

SIGNED this 2nd day of June, 2021.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00571-ADA Document 46 Filed 06/02/21 Page 8 of 8