Exhibit A

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EXHIBIT A – JOINT CLAIM CONSTRUCTION CHART (P.R. 4-5(d))1

A. U.S. Patent No. 8,589,541

Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

1 Claim 1. A non-transitory computer-readable 

storage medium storing machine-executable 

instructions that, when executed by one or more 

processors of a wireless end-user device, cause 

the one or more processors to: identify a service 

usage activity of the wireless end-user device, 

the service usage activity being associated with 

a first software component of a plurality of 

software components on the wireless end-user 

device, the service usage activity comprising 

one or more prospective or successful

communications over a wireless network; 

determine whether the service usage activity 

comprises a background activity; determine at 

least an aspect of a policy based on a user input 

obtained through a user interface of the wireless 

end-user device or based on information from a 

network element, the policy to be applied if the 

service usage activity is the background 

activity, the policy at least for controlling the 

service usage activity; and if it is determined 

that the service usage activity is the background 

activity, apply the policy.

“one or more 

prospective ... 

communications 

[over a wireless 

network]” 

Not indefinite; no 

construction 

necessary; plain and 

ordinary meaning.

Indefinite.

2 Claim 1. A non-transitory computer-readable 

storage medium storing machine-executable 

instructions that, when executed by one or more 

“service usage 

activity” 

No construction 

necessary; plain and 

ordinary meaning.

“an activity by the 

first software 

component that 

1 The parties note that the “Claim Language” column herein includes only the language of the independent claim, even though certain disputed claim 

terms also appear in certain dependent claims. The parties have omitted these dependent claims here for readability because, as one example, the term 

“service usage activity” appears in over 80 claims of the ’541 patent.

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

processors of a wireless end-user device, cause 

the one or more processors to: identify a service 

usage activity of the wireless end-user device, 

the service usage activity being associated with 

a first software component of a plurality of 

software components on the wireless end-user 

device, the service usage activity comprising 

one or more prospective or successful 

communications over a wireless network; 

determine whether the service usage activity

comprises a background activity; determine at 

least an aspect of a policy based on a user input 

obtained through a user interface of the wireless 

end-user device or based on information from a 

network element, the policy to be applied if the 

service usage activity is the background 

activity, the policy at least for controlling the 

service usage activity; and if it is determined 

that the service usage activity is the 

background activity, apply the policy.

requires usage of a 

wireless network 

connection”

3 Claim 1. A non-transitory computer-readable 

storage medium storing machine-executable 

instructions that, when executed by one or more 

processors of a wireless end-user device, cause 

the one or more processors to: identify a service 

usage activity of the wireless end-user device, 

the service usage activity being associated with 

a first software component of a plurality of 

software components on the wireless end-user 

device, the service usage activity comprising 

one or more prospective or successful 

communications over a wireless network; 

determine whether the service usage activity 

comprises a background activity; determine at 

“background 

activity” 

Not indefinite; no 

construction 

necessary; plain and 

ordinary meaning.

Indefinite.

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

least an aspect of a policy based on a user input 

obtained through a user interface of the wireless 

end-user device or based on information from a 

network element, the policy to be applied if the 

service usage activity is the background 

activity, the policy at least for controlling the 

service usage activity; and if it is determined 

that the service usage activity is the 

background activity, apply the policy.

B. U.S. Patent No. 9,215,613

Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

4 Claim 1. A wireless end-user device, 

comprising:

a wireless wide area network (WWAN) 

modem to communicate data for Internet 

service activities between the device and at 

least one WWAN, when configured for and 

connected to the WWAN;

a wireless local area network (WLAN) 

modem to communicate data for Internet 

service activities between the device and at 

least one WLAN, when configured for and 

connected to the WLAN;

a non-transient memory to store

a differential traffic control policy list 

distinguishing between a first one or more 

applications resident on the device and a second 

one or more applications and/or services 

resident on the device, and

a differential traffic control policy

applicable to at least some Internet service 

“differential traffic 

control policy”

No construction 

necessary; plain and 

ordinary meaning.

“rules for controlling 

network traffic that 

distinguishes between 

two or more things”

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

activities by or on behalf of the first one or 

more applications;

an interface to allow a user to augment the 

differential traffic control policy for the first 

one or more applications but not for the second 

one or more applications and/or services; and

one or more processors configured to

classify a wireless network to which the 

device currently connects in order to 

communicate data for Internet service activities 

as at least one of a plurality of network types 

that the device can connect with,

classify whether a particular application 

capable of both

interacting with the user in a user 

interface foreground of the device, and

at least some Internet service 

activities when not interacting with the user in 

the device user interface foreground,

is interacting with the user in the device 

user interface foreground, and

selectively allow or deny one or more 

Internet service activities by or on behalf of the 

particular application based on whether or not 

the particular application is one of the first one 

or more applications, the differential traffic 

control policy, including any applicable user 

augmentation of the differential traffic control 

policy, and the classifications performed by the 

one or more processors.

5 Claim 1. A wireless end-user device, 

comprising:

a wireless wide area network (WWAN) 

modem to communicate data for Internet 

“classify whether a 

particular 

application capable 

of both interacting 

Not indefinite; no 

construction 

necessary; plain and 

ordinary meaning.

Indefinite.

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

service activities between the device and at 

least one WWAN, when configured for and 

connected to the WWAN;

a wireless local area network (WLAN) 

modem to communicate data for Internet 

service activities between the device and at 

least one WLAN, when configured for and 

connected to the WLAN;

a non-transient memory to store

a differential traffic control policy list 

distinguishing between a first one or more 

applications resident on the device and a second 

one or more applications and/or services 

resident on the device, and

a differential traffic control policy 

applicable to at least some Internet service 

activities by or on behalf of the first one or 

more applications;

an interface to allow a user to augment the 

differential traffic control policy for the first 

one or more applications but not for the second 

one or more applications and/or services; and

one or more processors configured to

classify a wireless network to which the 

device currently connects in order to 

communicate data for Internet service activities 

as at least one of a plurality of network types 

that the device can connect with,

classify whether a particular 

application capable of both

interacting with the user in a user 

interface foreground of the device, and

at least some Internet service 

activities when not interacting with the user 

in the device user interface foreground,

with the user in a 

user interface 

foreground of the 

device, and at least 

some Internet 

service activities 

when not 

interacting with the 

user in the device 

user interface 

foreground, is 

interacting with the 

user in the device 

user interface 

foreground”

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

is interacting with the user in the 

device user interface foreground, and

selectively allow or deny one or more 

Internet service activities by or on behalf of the 

particular application based on whether or not 

the particular application is one of the first one 

or more applications, the differential traffic 

control policy, including any applicable user 

augmentation of the differential traffic control 

policy, and the classifications performed by the 

one or more processors.

C. U.S. Patent No. 9,198,042

Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

6 Claim 1. A method comprising:

receiving, over a service control link, a report 

from a wireless end-user device, the report 

comprising information about a device service 

state;

determining, based on the report, that a 

particular service policy setting of the wireless 

end-user device needs to be modified, the 

particular service policy setting being stored in 

a protected partition of the wireless end-user 

device, the protected partition configured to 

deter or prevent unauthorized modifications to 

the particular service policy setting, the 

particular service policy setting being 

associated with a service profile that provides 

for access by the wireless end-user device to a 

network data service over a wireless access 

network, the particular service policy setting 

“device service 

state”

No construction 

necessary; plain and 

ordinary meaning.

“information about 

the current status of 

the device required to 

adequately define the 

actions needed from 

the service controller 

to maintain proper 

device-assisted 

service (DAS) system 

operation”

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

configured to assist in controlling one or more 

communications associated with the wireless 

end-user device over the wireless access 

network; and

is in response to determining that the 

particular service policy setting needs to be 

modified, sending configuration information to 

the wireless end-user device over the service 

control link, the configuration information 

configured to assist in modifying or allowing 

modifications to the particular service policy 

setting.

7 Claim 1. A method comprising:

receiving, over a service control link, a report 

from a wireless end-user device, the report 

comprising information about a device service 

state;

determining, based on the report, that a 

particular service policy setting of the wireless 

end-user device needs to be modified, the 

particular service policy setting being stored in 

a protected partition of the wireless end-user 

device, the protected partition configured to 

deter or prevent unauthorized modifications to 

the particular service policy setting, the 

particular service policy setting being 

associated with a service profile that provides 

for access by the wireless end-user device to a 

network data service over a wireless access 

network, the particular service policy setting

configured to assist in controlling one or more 

communications associated with the wireless 

end-user device over the wireless access 

network; and

“service policy 

setting”

“policy setting for a 

network data service”

“rule for governing 

network service 

usage that can be 

implemented on the 

device”

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

is in response to determining that the 

particular service policy setting needs to be 

modified, sending configuration information to 

the wireless end-user device over the service 

control link, the configuration information 

configured to assist in modifying or allowing 

modifications to the particular service policy 

setting.

8 Claim 1. A method comprising:

receiving, over a service control link, a report 

from a wireless end-user device, the report 

comprising information about a device service 

state;

determining, based on the report, that a 

particular service policy setting of the wireless 

end-user device needs to be modified, the 

particular service policy setting being stored in 

a protected partition of the wireless end-user 

device, the protected partition configured to 

deter or prevent unauthorized modifications to 

the particular service policy setting, the 

particular service policy setting being 

associated with a service profile that provides 

for access by the wireless end-user device to a 

network data service over a wireless access 

network, the particular service policy setting 

configured to assist in controlling one or more 

communications associated with the wireless 

end-user device over the wireless access 

network; and

is in response to determining that the 

particular service policy setting needs to be 

modified, sending configuration information to 

the wireless end-user device over the service 

“protected 

partition”

No construction 

necessary; plain and 

ordinary meaning.

“a secure device 

assisted service 

execution 

environment”

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

control link, the configuration information 

configured to assist in modifying or allowing 

modifications to the particular service policy 

setting.

9 Claim 1. A method comprising:

receiving, over a service control link, a 

report from a wireless end-user device, the 

report comprising information about a device 

service state;

determining, based on the report, that a 

particular service policy setting of the wireless 

end-user device needs to be modified, the 

particular service policy setting being stored in 

a protected partition of the wireless end-user 

device, the protected partition configured to 

deter or prevent unauthorized modifications to 

the particular service policy setting, the 

particular service policy setting being 

associated with a service profile that provides 

for access by the wireless end-user device to a 

network data service over a wireless access 

network, the particular service policy setting 

configured to assist in controlling one or more 

communications associated with the wireless 

end-user device over the wireless access 

network; and

is in response to determining that the 

particular service policy setting needs to be 

modified, sending configuration information to 

the wireless end-user device over the service 

control link, the configuration information 

configured to assist in modifying or allowing 

modifications to the particular service policy 

setting.

“service control 

link”

No construction 

necessary; plain and 

ordinary meaning.

“host secure channel 

for communication 

between the end-user 

device and a network 

service controller”

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D. U.S. Patent No. 8,924,543

Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

10 Claim 1. A network service plan provisioning 

system communicatively coupled to a wireless 

end-user device over a wireless access network, 

the network service plan provisioning system 

comprising one or more network elements 

configured to:

obtain and store a first service plan 

component and a second service plan 

component,

the first service plan component comprising 

(1) information specifying a first traffic 

classification filter for filtering a traffic event in 

a network traffic inspection system, the traffic 

event being associated with the wireless enduser device and (2) a first network policy 

enforcement action that is triggered in a 

network policy enforcement system when the 

traffic event possesses a characteristic that 

matches the first traffic classification filter, and 

the second service plan component comprising 

(a) information specifying a second traffic 

classification filter for filtering the traffic event 

in the network traffic inspection system, and (b) 

a second network policy enforcement action 

that is triggered in the network policy 

enforcement system when the traffic event 

possesses a characteristic that matches the 

second traffic classification filter;

process the first service plan component

and the second service plan component to 

create a network provisioning instruction set in 

“service plan 

component”

No construction 

necessary; plain and 

ordinary meaning.

“a logical grouping of 

one or more filters 

and rules”

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Term 

No.

Claim Language Claim Term Headwater’s 

Proposal

Defendants’ 

Proposal

Court’s 

Construction

accordance with a prioritization of the first 

traffic classification filter over the second 

traffic classification filter, the network 

provisioning instruction set comprising one or 

more traffic inspection provisioning instructions 

for the network traffic inspection system and 

one or more policy enforcement provisioning 

instructions for the network policy enforcement 

system, the network traffic inspection system 

and the network policy enforcement system 

implementing one or more policies applicable 

to the wireless end-user device;

provide the one or more traffic inspection 

provisioning instructions to the network traffic 

inspection system; and

provide the one or more policy enforcement 

provisioning instructions to the network policy 

enforcement system.

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