EXHIBIT D 

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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.,

Defendants.

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

LEAD CASE

PLAINTIFF XR COMMUNICATIONS, LLC’S PRELIMINARY DISCLOSURE OF 

ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS 

I. Patent Rule 3-1: Disclosure of Asserted Claims and Infringement Contentions

Pursuant to Patent Rule 3-1, Plaintiff XR Communications, LLC dba Vivato Technologies 

(“Vivato”) submits the following Preliminary Disclosure of Asserted Claims and Infringement 

Contentions. This disclosure is based on the information available to Vivato as of the date of this 

disclosure, and Vivato reserves the right to amend this disclosure to the full extent permitted, 

consistent with the Court’s Rules and Orders.

A. Patent Rule 3-1(a): Asserted Claims

Vivato asserts that Defendants AT&T Services Inc., AT&T Mobility LLC, and AT&T 

Corporation infringe the following claims (collectively, “Asserted Claims”), including all asserted 

claims addressed in the claim charts accompanying this disclosure:

(1) U.S. Patent No. 8,737,511 (“the ’511 patent”), claims 1, 2, 4, 5, 6, 9, 10, 11, 13, 

14, 15, 18, 19, 20;

(2) U.S. Patent No. 10,715,235 (“the ’235 patent”), claims 1-5, 8-12, 15-19;

(3) U.S. Patent No. 10,594,376 (“the ’376 patent”), claims 1-9, 12-18, 22-34;

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(4) U.S. Patent No. 7,177,369 (“the ’369 patent”), claims 1-7, 9-10, 12-14, 15, 19, 21, 

28, 32-33, 35-37, 41 (only method claims are asserted); and

(5) U.S. Patent No. 8,289,939 (“the ’939 patent”), claims 15, 17, 20-22, 30, 33-35.

B. Patent Rule 3-1(b): Accused Instrumentalities of which Vivato is aware

Vivato asserts that the Asserted Claims are infringed by the various 

products/instrumentalities used, made, sold, offered for sale, or imported into the United States by 

Defendants, including cellular base stations and Radio Access Network (RAN) solutions that are 

provided to Defendants by Nokia or Ericsson and including the cellular carrier services of the 

Defendants (“Accused Instrumentalities”), that directly infringe, literally and/or under the doctrine 

of equivalents, various claims of the Asserted Patents. Defendants have, without authorization, 

operated, used, and sold, and continues to operate, use, and sell access to its mobile network that 

includes the Accused Instrumentalities. Based on publicly available information, Vivato can make 

a preliminary identification of components in the RAN solutions provided to Defendants by 

Ericsson and Nokia. As to Nokia, any advanced antenna systems for 5G networks, Massive MIMO radio 

systems, 5G base station radio or antenna systems products/instrumentalities, 5G Baseband 

products/instrumentalities, 5G Radio products/instrumentalities, 5G Antenna products/instrumentalities, 

RAN Solutions, Cloud RAN, vRAN, anyRAN, Single RAN, or other RAN infrastructure for 5G NR 

solutions, O-RAN solutions, the AirScale base station(s), AirScale radio(s) including 32TRX Massive 

MIMO radios and 64TRX Massive MIMO radios, AirScale baseband(s), AirScale 5G mMIMO base 

station(s), all RAN Solutions containing ReefShark System on Chip and all products containing the same, 

AirScale Osprey solution(s), AirScale Habrok solution(s), massive MIMO radios, remote radio heads (FDD 

or TDD or micro), antenna systems, cells, indoor or outdoor basebands, AirScale mRRH solution(s), 

AirScale pRRH solution(s), AirScale 4.5G Pro RRH, AirScale sHUB, FZHR, AHBOA, FSIH, FHFB, 

AZHL, AAFIA, 32TRX, and 64TRX. As to Ericsson, any Advanced Antenna Systems for 5G Networks, 

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Massive MIMO radio systems, 5G AIR products/instrumentalities, 5G Baseband 

products/instrumentalities, 5G Radio products/instrumentalities, 5G Antenna products/instrumentalities, 

massive MIMO radios, remote radio heads, antenna systems, cells, indoor or outdoor basebands, RAN 

Solutions, Cloud RAN, vRAN, RAN infrastructure for 5G NR solutions, O-RAN solutions, any RAN 

product containing Ericsson silicon, AIR 1279, AIR 3218, AIR 3219, AIR 3229, AIR 3239, AIR 3246, AIR 

3258, AIR 3268, AIR 3283, AIR 6419, AIR 6428, AIR 6468, AIR 6476, AIR 6472, AIR 6428, AIR 3229, 

AIR 3283, AIR 6488, Interleaved AIR, Baseband 5216, Baseband 6502, Baseband 6648, 5G Radio Dot, 

Radio 2271, Radio 4407, Radio 4408, Radio 4412, Radio 4418, Radio 4471, Radio 4485, Radio 4486, 

Radio 4890, Radio 4490, Radio 6626, Radio 6646, Radio 8808, Radio 8863, Antenna 1200, Antenna 4001, 

Antenna 4002, Antenna 4202, Antenna 4300, Antenna 4400, Antenna 4600, Antenna 2200, Antenna 4200, 

Antenna 4500, Antenna 4600, Antenna 4602, Antenna 4800, Antenna 5500, and Antenna 6600, Antenna 

9005, Antenna 9009, Antenna 9800, RAN compute, radio system software, radio system solutions, radios 

(FDD or TDD), antenna systems and accessories, site system material,. Vivato reserves the right to 

identify additional models or details as discovery proceeds. Given the voluminous nature of the 

deployments of the RAN Solutions and the myriad components and deployment configuration 

options available to each Defendant, the accused RAN Solutions can comprise one or more 

components, deployments, or architecture configurations and practice the asserted claims. 

Additional evidence regarding Defendants’ Accused Instrumentalities of which Vivato is presently 

aware are described in more detail in the accompanying preliminary infringement contention 

charts, Exhibits A-E. Additional model numbers can be found at https://www.ericsson.com/en/ran, 

https://www.ericsson.com/en/portfolio/networks/ericsson-radio-system/antenna-system,

https://www.ericsson.com/en/ran/radio-system, https://www.ericsson.com/en/ran/elevate-5g,

https://www.ericsson.com/en/ran/accelerate-5g-everywhere,

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software/nr-radio-access-network, https://www.ericsson.com/en/portfolio/networks/, which are 

expressly incorporated by reference herein, including all other webpages at this domain. 

Additional model numbers can be found at https://www.nokia.com/networks/mobilenetworks/airscale-radio-access/, https://www.nokia.com/networks/mobile-networks/airscaleradio-access/cloud-ran/,https://www.nokia.com/networks/radio-access-networks/open-ran/, 

https://www.nokia.com/networks, which are expressly incorporated by reference herein, including 

all other webpages at this domain.

Vivato reserves the right to accuse additional products from Defendants to the extent 

Vivato becomes aware of additional products during the discovery process. Unless otherwise 

stated, Vivato’s assertions of infringement apply to all variations, versions, and applications of 

each of the Accused Instrumentalities, on information and belief, that different variations, versions, 

and applications of each of the Accused Instrumentalities are substantially the same for purposes 

of infringement of the Asserted Claims.

C. Patent Rule 3-1(c): Claim Charts

Vivato’s analysis of Defendants’ products is based upon limited information that is 

publicly available, and based on Vivato’s own investigation prior to any discovery in these actions. 

Specifically, Vivato’s analysis is based on certain limited resources that evidence certain products 

made, sold, used, or imported into the United States by Defendants.

Vivato reserves the right to amend or supplement these disclosures for any of the following 

reasons:

(1) Defendants and/or third parties provide evidence relating to the Accused 

Instrumentalities;

(2) Vivato’s position on infringement of specific claims may depend on the claim 

constructions adopted by the Court, which has not yet occurred; and

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(3) Vivato’s investigation and analysis of Defendants’ Accused Instrumentalities is based 

upon public information and Vivato’s own investigations. Vivato reserves the right to 

amend these contentions based upon discovery of e.g. non-public information that 

Vivato anticipates receiving during discovery.

Attached as Exhibits A-E, and incorporated herein in their entirety, are charts identifying 

where each element of the Asserted Claims are found in the Accused Instrumentalities.

Unless otherwise indicated, the information provided that corresponds to each claim 

element is considered to indicate that each claim element is found within each of the different 

variations, versions, and applications of each of the respective Accused Instrumentalities described 

above. Vivato expressly reserves the right to rely on any document or evidence cited in any claim 

chart for any claim element as evidence of infringement of any other claim element of any other 

Asserted Claim whether in the same chart or in another chart. As such, each claim chart expressly 

incorporates by reference to the documents and evidence reproduced or cited in each other claim 

chart, including each other document or evidence cited therein.

D. Patent Rule 3-1(d): Literal Infringement / Doctrine of Equivalents

With respect to the patents at issue, each element of each Asserted Claim is considered to 

be literally present. Vivato also contends that each Asserted Claim is infringed or has been 

infringed under the doctrine of equivalents in Defendants’ Accused Instrumentalities. Vivato also 

contends that Defendants both directly and indirectly infringe the Asserted Claims. For example, 

the Accused Instrumentalities are provided by the Defendants to their agents, contractors, network 

operators, or business partners, who are actively encouraged and instructed (for example, through 

Defendants’ instructions on its website and instructions, manual, or user guides that are provided 

with the Accused Instrumentalities) by the Defendants to use the Accused Instrumentalities in 

ways that directly infringe the Asserted Claims. Defendants therefore specifically intend for and 

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induce their agents, contractors, network operators, or business partners to infringe the Asserted 

Claims under Section 271(b) through the normal and customary use of the Accused 

Instrumentalities. In addition, Defendants are contributorily infringing the Asserted Claims under 

Section 271(c) and/or Section 271(f) by selling, offering for sale, or importing the Accused 

Instrumentalities into the United States, which constitute a material part of the inventions claimed 

in the Asserted Claims, are especially made or adapted to infringe the Asserted Claims, and are 

otherwise not staple articles or commodities of commerce suitable for non-infringing use.

E. Patent Rule 3-1(e): Priority Dates

The Asserted Claims of the ’511 patent are entitled to a priority date at least as early as 

April 13, 2012, the filing date of Application No. 13/447,139. 

The Asserted Claims of the ’235 patent are entitled to a priority date at least as early as 

February 1, 2002, at least because conception and reduction to practice was complete as of that 

date. Alternatively conception and reduction to practice of the ‘235 patent was complete by the 

date of Document A, Document B, Document D, Document E, Document F, or Document G. XR 

directs Defendants to “Beamforming for Little Joe” Vivato Technical Report dated February 1, 

2002, which is Document C in the Provisional Application No. 60/423,660, which discloses the 

elements of the claimed inventions. XR further directs Defendants to page “A-71” in Provisional 

App. No. 60/423,660, which further corroborates that Document C ("Beamforming for Little Joe”) 

is dated February 1, 2002. XR further contends that other documents/appendices in Provisional 

App. No. 60/423,660, and portions thereof, also disclose the elements of the claimed inventions. 

Thus, the priority date for the ’235 patent is no later than the filing date of Provisional Application 

No. 60/423,660 on November 4, 2002.

The Asserted Claims of the ’376 patent are entitled to a priority date at least as early as 

February 1, 2002, at least because conception and reduction to practice was complete as of that 

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date. XR directs Defendants to “Beamforming for Little Joe” Vivato Technical Report dated 

February 1, 2002, which is Document C in the Provisional Application No. 60/423,660, which 

discloses the elements of the claimed inventions. XR further directs Defendants to page “A-71” in 

Provisional App. No. 60/423,660, which further corroborates that Document C ("Beamforming for 

Little Joe”) is dated February 1, 2002. XR further contends that other documents/appendices in 

Provisional App. No. 60/423,660, and portions thereof, also disclose the elements of the claimed 

inventions. Thus, the priority date for the ’376 patent is no later than the filing date of Provisional 

Application No. 60/423,660 on November 4, 2002.

The Asserted Claims of the ’369 patent are entitled to a priority date at least as early as 

April 27, 2001, the filing date of Provisional Application No. 60/287,163. 

The Asserted Claims of the ’939 patent are entitled to a priority date at least as early as

November4, 2002, the filing date of Provisional Application Nos. 60/423,702 and 60/423,696, and 

are entitled to a priority date of no later than the date of its original U.S. Patent Application No. 

10/700,342 filing on November 3, 2003.

A diligent search continues for additional responsive information and Vivato reserves the 

right to supplement this response.

F. Patent Rule 3-1(f): Identification of Instrumentalities Practicing the Claimed 

Invention

At this time, Vivato does not identify any of its instrumentalities as practicing the Asserted 

Claims. A diligent search continues for additional responsive information and Vivato reserves the 

right to supplement this response.

II. Patent Rule 3-2: Document Production Accompanying Disclosure

Pursuant to Patent Rule 3-2, Vivato submits the following Document Production 

Accompanying Disclosure, along with an identification of the categories to which each of the 

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documents corresponds.

F. Patent Rule 3-2(a) documents:

Vivato is presently unaware of any documents sufficient to evidence any discussion with, 

disclosure to, or other manner of providing to a third party, or sale of or offer to sell, the inventions 

recited in the Asserted Claims of the Asserted Patents prior to the application dates or priority 

dates for the Asserted Patents. A diligent search continues for such documents and Vivato reserves 

the right to supplement this response. 

Vivato is aware of an asset purchase agreement by which Vivato was assigned the patentsin-suit or the applications that gave rise to some of the patents-in-suit. Vivato does not concede 

that the asset purchase agreement predates any of the application dates or priority dates for any 

asserted patent, but it is being produced herewith at XR-EDTX-00004152 - XR-EDTX-00004222.

G. Patent Rule 3-2(b) documents:

Vivato identifies the following non-privileged documents as potentially related to 

evidencing conception and reduction to practice of each claimed invention of the Asserted Patents: 

XR-EDTX-00003812 - XR-EDTX-00004777. A diligent search continues for additional 

documents and Vivato reserves the right to supplement this response.

H. Patent Rule 3-2(c) documents:

Vivato identifies the following documents as being the file histories for the Asserted 

Patents: XR-EDTX-00000020 - XR-EDTX-00000313, XR-EDTX-00000339 - XR-EDTX00000809, XR-EDTX-00000822 - XR-EDTX-00001060, XR-EDTX-00001103 - XR-EDTX00002414, XR-EDTX-00002456 - XR-EDTX-00003811.

Dated: July 28, 2023 Respectfully submitted,

/s/ Reza Mirzaie

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rmirzaie@raklaw.com

Neil Rubin (CA SBN)

nrubin@raklaw.com

Paul A. Kroeger (CA SBN 229074)

pkroeger@raklaw.com

Philip X. Wang (CA SBN 262239)

pwang@raklaw.com

James N. Pickens (CA SBN 307474)

jpickens@raklaw.com

Adam Hoffman

ahoffman@raklaw.com

Jacob Buczko 

jbuczko@raklaw.com

Minna Y. Chan

mchan@raklaw.com

Christian Conkle

cconkle@raklaw.com

RUSS AUGUST & KABAT

12424 Wilshire Blvd. 12th Floor

Los Angeles, CA 90025

Phone: (310) 826-7474

Attorneys for Plaintiff XR Communications 

LLC dba Vivato Technologies

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CERTIFICATE OF SERVICE

I certify that this document is being served upon counsel of record for Defendants

on July 28, 2023 via e-mail.

/s/ Reza Mirzaie

 Reza Mirzaie

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