IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES

Plaintiff,

v.

AT&T SERVICES INC., AT&T MOBILITY 

LLC, and AT&T CORP.

Defendant,

NOKIA OF AMERICA CORPORATION, 

ERICSSON INC.

Intervenors.

Case No. 2:23-cv-00202-JRG-RSP 

(Lead Case)

JURY TRIAL DEMANDED

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES,

Plaintiff,

v.

VERIZON COMMUNICATIONS, INC. and 

CELLCO PARTNERSHIP D/B/A VERIZON 

WIRELESS.

Defendants,

NOKIA OF AMERICA CORPORATION, 

ERICSSON INC.

Intervenors.

Case No. 2:23-cv-00203-JRG-RSP 

(Member Case)

JURY TRIAL DEMANDED

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES,

Plaintiff,

v.

T-MOBILE USA, INC.

Defendant,

NOKIA OF AMERICA CORPORATION, 

ERICSSON INC.

Intervenors.

Case No. 2:23-cv-00204-JRG-RSP 

(Member Case)

JURY TRIAL DEMANDED

JOINT CLAIM CONSTRUCTION CHART

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 1 of 22 PageID #: 2706
Pursuant to P.R. 4-5 and the Docket Control Order, Plaintiff, Defendants, and Intervenors 

file this Joint Claim Construction Chart. This Chart addresses the disputed claim terms and phrases 

from the asserted claims of the following patents: U.S. Patent Nos. 7,177,369 (“’369 Patent”), 

8,289,939 Patent (“’939 Patent”), 8,737,511 (“’511 Patent”), and 10,715,235 (“’235 Patent”). 

Dated: August 28, 2024 Respectfully submitted,

/s/ Reza Mirzaie

Marc Fenster

CA State Bar No. 181067

Reza Mirzaie

CA State Bar No. 246953

James Pickens

CA State Bar No. 307474

Jonathan Ma

CA State Bar No. 312773

Christian W. Conkle

CA State Bar No. 306374

RUSS AUGUST & KABAT

12424 Wilshire Blvd. 12th Floor

Los Angeles, CA 90025

Telephone: 310-826-7474

rak_vivato@raklaw.com 

Qi (Peter) Tong

TX State Bar No. 24119042

RUSS AUGUST & KABAT

4925 Greenville Ave, Suite 200

Dallas, TX 75206

Telephone: 310-826-7474

rak_vivato@raklaw.com 

Attorneys for Plaintiff,

XR Communications, LLC dba Vivato 

Technologies

/s/ Matthew S. Yungwirth

Matthew S. Yungwirth 

msyungwirth@duanemorris.com 

Alice E. Snedeker 

aesnedeker@duanemorris.com 

John R. Gibson

jrgibson@duanemorris.com

DUANE MORRIS LLP

1075 Peachtree Street NE, Suite 1700

Atlanta, GA 30309

404-253-6900

Elise Sanford

esanford@duanemorris.com

DUANE MORRIS LLP

901 New York Ave. NW Suite 700 East

Washington, D.C. 20001-4795

202-776-5231

William A. Liddell

waliddell@duanemorris.com

DUANO MORRIS LLP

2801 Via Fortuna Suite 200

Austin, Texas 78746-7567

512-277-2272

Attorneys for Defendants AT&T Services, Inc., 

AT&T Corp., AT&T Mobility LLC, T-Mobile 

USA, Inc., and Cellco Partnership d/b/a 

Verizon Wireless; Intervenor Ericsson, Inc.; 

Intervenor Nokia of America Corporation.

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 2 of 22 PageID #: 2707
Deron Dacus

ddacus@dacusfirm.com

The Dacus Firm, P.C.

821 ESE Loop 323, Suite 430

Tyler, TX 75701

903-705-1117

Fax: 903-581-2543

Attorneys for Defendants AT&T Services, Inc., 

AT&T Corp., AT&T Mobility LLC, and Cellco 

Partnership d/b/a Verizon Wireless; 

Intervenor Ericsson, Inc.; Intervenor Nokia of 

America Corporation.

Melissa R. Smith

State Bar No. 24001351

Melissa@gillamsmithlaw.com 

GILLAM & SMITH, LLP

303 South Washington Avenue

Marshall, Texas 75670

Telephone: (903) 934-8450

Facsimile: (903) 934-9257

Andrew Thompson (“Tom”) Gorham

State Bar No. 24012715

tom@gillamsmithlaw.com 

GILLAM & SMITH, LLP

102 N. College, Ste. 800

Tyler, Texas 75702

Telephone: (903) 934-8450

Facsimile: (903) 934-9257

Attorneys for Defendant T-Mobile USA Inc. 

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 3 of 22 PageID #: 2708
CERTIFICATE OF SERVICE

The undersigned hereby certifies that this document is being served through CM/ECF on 

August 28, 2024.

/s/ Reza Mirzaie

Reza Mirzaie

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 4 of 22 PageID #: 2709
1

I. AGREED CLAIM CONSTRUCTIONS

Claim Term Plaintiff’s Proposal Defendant’s Proposal Court’s Construction

“said at least one transmission 

delay”

’369 Patent, claims 1, 21, 41

[AGREED] [AGREED] “the at least one multipath 

transmission delay”

“transmission nulls”

’235 Patent, claims 2, 4, 8, 12, 

16

[AGREED] [AGREED] Plain and ordinary meaning, i.e., 

“portions of a transmission pattern 

where transmissions of no or 

insignificant energy are selectively 

directed.”

“bi-directional beam[]”

’511 Patent claims 1, 10

[AGREED] [AGREED] “a beam on which (i) the MIMO 

transmitter transmits and (ii) the 

MIMO receiver receives”

“a plurality of first device

receive antennas”

’369 Patent, claim 19

[AGREED] [AGREED] Plain and ordinary meaning.

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 5 of 22 PageID #: 2710
2

II. DISPUTED CONSTRUCTIONS

A. U.S. Patent No. 7,177,369

Asserted Claim of Patent 7,177,369 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

1. A method comprising: 

 identifying at least one multipath 

transmission delay within a reverse path 

data signal received from a receiving 

device;

 determining at least one forward path 

pre-equalization parameter based on said 

at least one transmission delay;

 modifying a forward path data signal that 

is to be transmitted to the receiving device 

based on said at least one forward path 

pre-equalization parameter, where said 

modifying includes selectively setting 

different transmission power levels for at 

least two Orthogonal Frequency Division 

Multiplexing (OFDM) tones in said forward 

path data signal.

13. The method as recited in claim 1, 

wherein identifying said at least one 

multipath transmission delay, determining 

said at least one forward path preequalization parameter, and modifying 

said forward path data signal are performed 

by a transmitting device.

21. The method as recited in claim 15, 

wherein determining said at least one 

“forward path preequalization 

parameter” 

’369 Patent, claims 1, 

13, 21, 32, 33, 41

Plain and ordinary 

meaning, i.e., a 

parameter used for 

pre-equalization, that 

is, to modify a 

forward path signal to 

reduce unwanted 

effects associated 

with multipath fading 

between the 

transmitter and the 

receiver

Alternatively:

Plain and ordinary 

meaning, i.e., a 

parameter used for 

pre-equalization, that 

is, to account for 

properties of a 

propagation path 

between a transmitter 

and a receiving 

device

No construction necessary; 

plain and ordinary meaning. 

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 6 of 22 PageID #: 2711
3

Asserted Claim of Patent 7,177,369 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

forward path pre-equalization parameter

based on said at least one transmission delay 

further includes:

determining at least one angle of arrival of 

said reverse path data signal with respect to 

said at least one transmitting device receive 

antenna.

32. The method as recited in claim 28, 

further comprising:

setting at least one antenna pointing 

parameter associated with said at least one 

transmitting device transmit antenna based 

on said at least one forward path preequalization parameter.

33. The method as recited in claim 28, 

further comprising:

setting at least one phased array antenna 

transmission directing parameter associated 

with said at least one transmitting device 

transmit antenna based on said at least one 

forward path pre-equalization 

parameter.

41. The method as recited in claim 1, 

wherein determining said at least one 

forward path pre-equalization parameter

based on said at least one transmission delay 

further includes:

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 7 of 22 PageID #: 2712
4

Asserted Claim of Patent 7,177,369 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

sub-band equalizing said forward path data 

signal using corresponding frequency 

domain reverse path data. 

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 8 of 22 PageID #: 2713
5

Asserted Claim of Patent 7,177,369 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

2. The method as recited in claim 1, further 

comprising:

receiving said reverse path data signal over 

at least one reverse transmission path.

3. The method as recited in claim 2, further 

comprising:

transmitting said modified forward path data 

signal over at least one forward 

transmission path.

12. The method as recited in claim 3, 

wherein said at least one reverse 

transmission path is substantially 

reciprocal to said at least one forward 

transmission path.

“substantially

reciprocal to”

’369 Patent, claim 12

No construction 

necessary; plain and 

ordinary meaning; not 

indefinite. 

Indefinite term of degree. 

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 9 of 22 PageID #: 2714
6

B. U.S. Patent No. 8,289,939

Asserted Claim of Patent 9,094,888 Term Plaintiff’s Proposed 

Construction

Defendants’ 

Proposed 

Construction

Court’s Construction

15. An apparatus comprising:

a wireless input/output (I/O) unit that 

is configured to establish a plurality of 

access points; and

signal transmission/reception 

coordination logic that is capable of 

ascertaining, by monitoring the plurality of 

access points for received signals, that:

a first access point of the plurality of 

access points is receiving a first signal on a 

first channel,

a second access point of the plurality of 

access points is receiving a second signal 

that is ongoing on a second channel, the 

signal transmission/reception coordination 

logic adapted to restrain at least a third 

access point of the plurality of access points 

from transmitting a third signal on a third 

channel responsive to the ascertaining that 

the first access point is receiving the first 

signal and that the second access point is 

receiving the second signal that is ongoingon the second channel,

wherein the restraining at least the third 

access point prevents degradation to the first 

and second signals.

“wireless input/output 

(I/O) unit” 

’939 patent, claims 

15, 30

No construction 

necessary; plain and 

ordinary meaning; not 

subject to means-plusfunction treatment under 

§112(6) and not indefinite 

under §112(6).

If counterfactually 

§ 112(6) were to apply, 

not indefinite:

Functions: Claims 15, 

and 30: establish a 

plurality of access points 

Structure: 

Wireless input/output unit 

206 and equivalents 

thereof

Means-plus-function 

under 35 U.S.C. 

§ 112, ¶ 6 and 

indefinite

Function: “establish 

a plurality of access 

points”

Structure: 

None disclosed

“signal transmission/ 

reception 

coordination logic”

’939 Patent, claims 

15, 30

No construction 

necessary; plain and 

ordinary meaning; not 

subject to means-plusfunction treatment under 

Means-plus-function 

under 35 U.S.C. 

§ 112, ¶ 6 and 

indefinite

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 10 of 22 PageID #: 2715
7

Asserted Claim of Patent 9,094,888 Term Plaintiff’s Proposed 

Construction

Defendants’ 

Proposed 

Construction

Court’s Construction

30. An apparatus comprising:

a wireless input/output (I/O) unit that 

is configured to establish a plurality of 

access points; and

signal transmission/reception 

coordination logic that is capable of 

ascertaining, by monitoring the plurality of 

access points for received signals, that a 

first access point of the plurality of access 

points is receiving a first signal on a first 

channel and that is adapted to restrain at 

least a second access point of the plurality 

of access points from transmitting a second 

signal on a second channel different from 

the first channel responsive to the 

ascertaining that the first access point is 

receiving the first signal.

§112(6) and not indefinite 

under §112(6).

If counterfactually 

§ 112(6) were to apply, 

not indefinite:

Function:

Claim 15: ascertaining, by 

monitoring the plurality 

of access points for 

received signals, that: a 

first access point of the 

plurality of access points 

is receiving a first signal 

on a first channel, a 

second access point of the 

plurality of access points 

is receiving a second 

signal that is ongoing on a 

second channel, 

restrain[ing] at least a 

third access point of the 

plurality of access points 

from transmitting a third 

signal on a third channel 

responsive to the 

ascertaining that the first 

access point is receiving 

the first signal and that 

the second access point is 

receiving the second 

signal that is ongoing-on 

Function: 

Claim 15: 

“ascertaining, by 

monitoring the 

plurality of access 

points for received 

signals, that:” (i) “a 

first access point of 

the plurality of 

access points is 

receiving a first 

signal on a first 

channel,” (ii) “a 

second access point 

of the plurality of 

access points is 

receiving a second 

signal that is 

ongoing on a second 

channel,” (iii) 

“restrain[ing] at least 

a third access point 

of the plurality of 

access points from 

transmitting a third 

signal on a third 

channel responsive 

to the ascertaining 

that the first access 

point is receiving the 

first signal and that 

the second access 

point is receiving the 

second signal that is 

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 11 of 22 PageID #: 2716
8

Asserted Claim of Patent 9,094,888 Term Plaintiff’s Proposed 

Construction

Defendants’ 

Proposed 

Construction

Court’s Construction

the second channel, 

wherein the restraining at 

least the third access point 

prevents degradation to 

the first and second 

signals. 

Claim 30: ascertaining, by 

monitoring the plurality 

of access points for 

received signals, that a 

first access point of the 

plurality of access points 

is receiving a first signal 

on a first channel, 

restrain[ing] at least a 

second access point of the 

plurality of access points 

from transmitting a 

second signal on a second 

channel different from the 

first channel responsive to 

the ascertaining that the 

first access point is 

receiving the first signal. 

Structure:

Signal 

transmission/reception 

logic 404 and/or MAC 

coordinator logic 606 

and/or 6:1-51 and/or 6:65- 7:20 and/or 9:11-59 

and/or 11:19-12:21 and/or 

14:28-15:22 and/or 15:23-

ongoing-on the 

second channel, 

wherein the 

restraining at least 

the third access 

point prevents 

degradation to the 

first and second 

signals”

Structure: none 

disclosed

Claim 30: (i) 

“ascertaining, by 

monitoring the 

plurality of access 

points for received 

signals, that a first 

access point of the 

plurality of access 

points is receiving a 

first signal on a first 

channel” and (ii) 

“restrain[ing] at least 

a second access 

point of the plurality 

of access points 

from transmitting a 

second signal on 

asecond channel 

different from the 

first channel 

responsive to the 

ascertaining that the 

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 12 of 22 PageID #: 2717
9

Asserted Claim of Patent 9,094,888 Term Plaintiff’s Proposed 

Construction

Defendants’ 

Proposed 

Construction

Court’s Construction

65 and/or 16:53-67 and/or 

18:12-55 and equivalents 

thereof. 

The corresponding 

structure of “signal 

transmission/reception 

logic 404” includes the 

characteristics and 

configuration set forth for 

the signal 

transmission/reception 

coordination logic 404 

(and the MAC 

coordinator logic 606, 

which is subsumed within 

the corresponding 

structure of the signal 

transmission/reception 

coordination logic 404) in 

the ’939 Patent, including 

at 6:1-51 and/or 6:65-7:20 

and/or 9:11-59 and/or 

11:19-12:21 and/or 14:28-

15:22 and/or 15:23-65 

and/or 16:53-67 and/or 

18:12-55, and equivalents 

thereof. 

first access point is 

receiving the first 

signal.”

Structure: none 

disclosed

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 13 of 22 PageID #: 2718
10

Asserted Claim of Patent 9,094,888 Term Plaintiff’s Proposed 

Construction

Defendants’ 

Proposed 

Construction

Court’s Construction

15. An apparatus comprising:

a wireless input/output (I/O) unit that 

is configured to establish a plurality of 

access points; and

signal transmission/reception 

coordination logic that is capable of 

ascertaining, by monitoring the plurality of 

access points for received signals, that:

a first access point of the plurality of 

access points is receiving a first signal on a 

first channel,

a second access point of the plurality of 

access points is receiving a second signal 

that is ongoing on a second channel, the 

signal transmission/reception coordination 

logic adapted to restrain at least a third 

access point of the plurality of access 

points from transmitting a third signal on 

a third channel responsive to the 

ascertaining that the first access point is 

receiving the first signal and that the 

second access point is receiving the 

second signal that is ongoing-on the 

second channel,

wherein the restraining at least the third 

access point prevents degradation to the first 

and second signals.

30. An apparatus comprising:

“restrain . . . 

responsive to the 

ascertaining that the 

first access point is 

receiving the first

signal and that the

second access point is

receiving the second 

signal that is 

ongoing-on the 

second channel” 

(Claim 15)

“restrain . . . responsive to the

ascertaining that the

first access point is 

receiving the first 

signal” (Claim 30)

’939 Patent, claims 

15, 30

No construction 

necessary; plain and 

ordinary meaning. 

Plain and ordinary 

meaning, i.e., “while 

the first access point 

is ascertained to be 

receiving the first 

signal and the 

second access point 

is ascertained to be 

receiving the second 

signal that is 

ongoing-on the 

second channel” 

(claim 15)

and “while the first 

access point is 

ascertained to be 

receiving the first 

signal” (claim 30)

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 14 of 22 PageID #: 2719
11

Asserted Claim of Patent 9,094,888 Term Plaintiff’s Proposed 

Construction

Defendants’ 

Proposed 

Construction

Court’s Construction

a wireless input/output (I/O) unit that is 

configured to establish a plurality of access 

points; and

signal transmission/reception 

coordination logic that is capable of 

ascertaining, by monitoring the plurality of 

access points for received signals, that a 

first access point of the plurality of access 

points is receiving a first signal on a first 

channel and that is adapted to restrain at 

least a second access point of the plurality 

of access points from transmitting a 

second signal on a second channel 

different from the first channel 

responsive to the ascertaining that the 

first access point is receiving the first 

signal.

20. The apparatus of claim 15, wherein the 

signal received by the access point

comprises at least one uplinked packet.

21. The apparatus of claim 15, wherein the 

signal received by the access point

comprises at least a portion of an uplinked 

packet.

“the access point”

’939 Patent, claims 

20-21

“the first access point” Indefinite for lack of 

antecedent basis

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 15 of 22 PageID #: 2720
12

Asserted Claim of Patent 9,094,888 Term Plaintiff’s Proposed 

Construction

Defendants’ 

Proposed 

Construction

Court’s Construction

33. The apparatus of claim 30, wherein the 

signal received by the access point

comprises at least one uplinked packet.

34. The apparatus of claim 30, wherein the 

signal received by the access point

comprises at least a portion of an uplinked 

packet.

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 16 of 22 PageID #: 2721
13

C. U.S. Patent No. 8,737,511

Asserted Claims of Patent 8,737,511 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

1. A system comprising: 

 m antenna arrays configured to receive a 

propagating radio frequency signal and 

configured to transmit a propagating radio 

frequency signal, each of the antenna arrays 

comprising: 

 a plurality of antenna elements; and 

 a beamformer configured to 

produce n different bi-directional beams 

using the plurality of antenna elements;

 n multiple-input multiple-output 

transceivers (MIMO), comprising: 

a MIMO receiver configured to 

process m different received signals, 

wherein an i-th received signal to a j-th 

MIMO receiver corresponds to a j-th beam 

of an i-th antenna array;

a MIMO transmitter configured to 

process m different transmit signals, 

wherein an v-th transmit signal from a z-th 

MIMO transmitter corresponds to a z-th 

beam of an v-th antenna array: 

wherein m, n, v, and z are integer 

number values, wherein i = 1,...,m, j = 

1,...,n, and v = 1,...,m, wherein n ≥ 2 and m

≥ 2, wherein z = 1,...,w, and wherein n ≥ w

≥ 2. 

“n multiple-input 

multiple-output 

transceivers 

(MIMO)”

’511 Patent 

claims 1, 10

No construction 

necessary; plain and 

ordinary meaning

“a single unit comprising a 

MIMO transmitter and a 

MIMO receiver, with 

common circuit components”

“MIMO

transmitter

configured to 

process . . . 

“Z-th MIMO 

transmitter”

“in multiple-input 

multiple-output 

transmitters 

(MIMO)” /

“a Z-th MIMO

transmitter”

’511 Patent 

claims 1, 10, 20

No construction 

necessary; plain and 

ordinary meaning.

“transmitter that processes 

MIMO signals for 

transmission”

“MIMO receiver 

configured to 

process . . . 

“j-th MIMO 

receiver”

“in multiple-input 

multiple-output 

No construction 

necessary; plain and 

ordinary meaning

“receiver that processes 

received MIMO signals”

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 17 of 22 PageID #: 2722
14

Asserted Claims of Patent 8,737,511 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

 

2. The system of claim 1, configured to 

Substantially comply with one or more of 

Electrical and Electronic Engineers

(IEEE) 802.11a/b/g/n/ac (WiFi), IEEE 

802.16 (WiMAX), 2nd Generation 

Partnership Project (3GPP) Long Term 

Evolution (LTE), 3GPP LTE-Advanced, 

3GPP LTE-TDD, 3GPP LTE-FDD, High 

Speed Packet Access (HSPA), and HSPA+.

10. An apparatus comprising: 

m antenna arrays configured to receive a 

propagating radio frequency signal and 

configured to transmit a propagating radio 

frequency signal, each of the antenna arrays 

comprising:

a plurality of antenna elements; and

a beam former configured to produce n

different bi-directional beams using the 

plurality of antenna elements; and

n multiple-input multiple-output 

transceivers (MIMO), each MIMO 

transceiver comprising:

a MIMO receiver configured to 

process m different received signals, 

wherein an i-th received signal to a j-th 

MIMO receiver corresponds to a j-th beam 

of an i-th antenna array; and

a MIMO transmitter configured to 

process m different transmit signals,

receivers 

(MIMO)”

’511 Patent 

claims 1, 10, 19

“2nd Generation

Partnership

Project (3GPP)

Long Term

Evolution (LTE), 

3GPP LTEAdvanced, 3GPP 

LTE-TDD, 3GPP 

LTE-FDD”

’511 Patent 

claims 2, 11

No construction 

necessary; plain and 

ordinary meaning. 

“one of the 3GPP LTE, LTEAdvanced, LTE-TDD or 

LTE-FDD standards that 

existed at the time of the 

invention”

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 18 of 22 PageID #: 2723
15

Asserted Claims of Patent 8,737,511 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

wherein a v-th transmit signal from a z-th 

MIMO transmitter corresponds to a z-th 

beam of a v-th antenna array, wherein m, n, 

v, and z are integer number values, and

wherein i=1, . . . . m., j=1,..., n, and v=1,... 

m, wherein n ≥ 2 and m ≥ 2, wherein z = 

1,...,w, and wherein n ≥ w ≥ 2.

11. The apparatus of claim 10, configured 

to substantially comply with one or more of 

Electrical and Electronic Engineers (IEEE) 

802.11a/b/g/n/ac (WiFi), IEEE 802.16 

(WiMAX), 2nd Generation Partnership 

Project (3GPP) Long Term Evolution 

(LTE), 3GPP LTE-Advanced, 3GPP LTE 

TDD, 3GPP LTE-FDD, High Speed Packet 

Access (HSPA), and HSPA+.

19. An apparatus comprising:

m antenna arrays configured to receive a 

propagating radio frequency signal, each of 

the antenna arrays comprising:

a plurality of antenna elements; and

a beam former configured to produce n 

different receive beams using the plurality 

of antenna elements; and

n multiple-input multiple-output 

receivers (MIMO), each

MIMO receiver configured to process 

m different received signals, wherein an i-th 

received signal to a j-th MIMO receiver

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 19 of 22 PageID #: 2724
16

Asserted Claims of Patent 8,737,511 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

corresponds to a j-th beam of an i-th 

antenna array,

wherein m and n are integer number 

values, and

wherein i=1,..., m, and j=1,..., n, and

wherein n≥2 and m≥2

20. An apparatus comprising: 

m antenna arrays configured to transmit 

a propagating radio frequency signal, each 

of the antenna arrays comprising:

a plurality of antenna elements; and

a beam former configured to produce n 

different transmit beams using the plurality 

of antenna elements; and

n multiple-input multiple-output 

transmitters (MIMO), each MIMO 

transmitter configured to process m 

different transmit signals, wherein a V-th 

transmit signal from a z-th MIMO 

transmitter corresponding to a Z-th beam

of a v-th antenna array is selected for 

transmission,

wherein m, n, v, and z are integer 

number values, and

wherein z=1,..., n, and v=1, ... m. and

wherein n≥2 and m ≥ 2

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 20 of 22 PageID #: 2725
17

D. U.S. Patent No. 10,715,235

Asserted Claims of Patent 10,715,235 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

1. A receiver for use in a wireless 

communications system, the receiver 

comprising: an antenna, wherein the 

antenna comprises a first antenna element 

and a second antenna element; 

 a transceiver operatively coupled to the 

antenna and configured to transmit and

receive electromagnetic signals using the 

antenna;

 a processor operatively coupled to the 

transceiver, the processor configured to: 

 receive a first signal transmission from 

a remote station via the first antenna 

element and a second signal transmission 

from the remote station via the second 

antenna element simultaneously; 

 determine first signal information for 

the first signal transmission;

 determine second signal information 

for the second signal transmission, wherein 

the second signal information is different 

than the first signal information; 

 determine a set of weighting values 

based on the first signal information and the 

second signal information; 

 wherein the set of weighting values is 

configured to be used by the transceiver to 

“transceiver”

(’235 Patent, 

claim 1, 15, 18, 

19)

No construction 

necessary; plain and 

ordinary meaning.

“A single unit comprising a 

transmitter and a receiver, 

with common circuit 

components”

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 21 of 22 PageID #: 2726
18

Asserted Claims of Patent 10,715,235 Term Plaintiff’s Proposed 

Construction

Defendants’ Proposed 

Construction

Court’s Construction

construct one or more beam-formed 

transmission signals; 

 cause the transceiver to transmit a 

third signal to the remote station via the 

antenna, the third signal comprising content 

based on the set of weighting values.

Case 2:23-cv-00202-JRG-RSP Document 89 Filed 08/28/24 Page 22 of 22 PageID #: 2727