Exhibit 4

Case 2:23-cv-00397-JRG-RSP Document 70-4 Filed 10/17/24 Page 1 of 5 PageID #: 1443
1

EXHIBIT A – DEFENDANTS PATENT RULE 4-2 LIST OF PROPOSED TERMS, PRELIMINARY PROPOSED CONSTRUCTIONS, AND EXTRINSIC EVIDENCE

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

Asserted Claims: 1–174 

Claim Term or Phrase Claim Nos. Defendants’ Preliminary Proposed Construction Extrinsic Evidence

“one or more prospective 

. . . communications [over 

a wireless network]”

Cl. 1-174 Indefinite. Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining 

what a person of ordinary skill would have 

been unable to ascertain the bounds of this 

claim term, which renders it indefinite.

”service usage activity” Cl. 1-174 “an activity by the first software component that requires 

usage of a wireless network connection” 

Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining 

what a person of ordinary skill would have 

understood this term to mean in light of the 

intrinsic and extrinsic evidence. Defendants 

may also rely on Dr. Turnbull to respond to 

Headwater’s claim construction position on 

this term and alleged support, including as to 

why Defendant’s position should be adopted 

over that of Headwater’s. 

“background activity” Cl. 1-174 Indefinite. Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining 

what a person of ordinary skill would have 

been unable to ascertain the bounds of this 

claim term, which renders it indefinite.

Case 2:23-cv-00397-JRG-RSP Document 70-4 Filed 10/17/24 Page 2 of 5 PageID #: 1444
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U.S. Patent No. 9,198,042

Asserted Claims: 1–9, 12–14, 16–18 

Claim Term or 

Phrase

Claim Nos. Defendants’ Preliminary Proposed 

Construction

Extrinsic Evidence

“device service state” Cl. 1-18 “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”

Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining what a person of 

ordinary skill would have understood this term to mean in light 

of the intrinsic and extrinsic evidence. Defendants may also rely 

on Dr. Turnbull to respond to Headwater’s claim construction 

position on this term and alleged support, including as to why 

Defendant’s position should be adopted over that of 

Headwater’s. 

“service policy 

setting”

Cl. 1-18 “rule for governing network service usage that 

can be implemented on the device”

CLI Book 2: Cisco ASA Series Firewall CLI Configuration 

Guide, Ch. Service Policy, 

https://www.cisco.com/c/en/us/td/docs/security/asa/asa94/configguides/cli/firewall/asa-94-firewall-config/inspect-servicepolicy.html (last visited July 19, 2024) [TMO_HW00044535–

942]

What is Network Policy, Cisco, 

https://www.cisco.com/c/en/us/solutions/enterprisenetworks/what-is-network-policy.html (last visited July 19, 

2024) [TMO_HW00044962–969]

Security Policy Settings, Microsoft, 

https://learn.microsoft.com/en-us/previous-versions/windows/itpro/windows-10/security/threat-protection/security-policysettings/security-policy-settings (last visited July 19, 2024) 

[TMO_HW00044943–961]

Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining what a person of 

ordinary skill would have understood this term to mean in light 

of the intrinsic and extrinsic evidence. Defendants may also rely 

on Dr. Turnbull to respond to Headwater’s claim construction 

position on this term and alleged support, including as to why 

Defendant’s position should be adopted over that of 

Headwater’s. 

Case 2:23-cv-00397-JRG-RSP Document 70-4 Filed 10/17/24 Page 3 of 5 PageID #: 1445
3

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

Asserted Claims: 1–9, 12–14, 16–18 

Claim Term or 

Phrase

Claim Nos. Defendants’ Preliminary Proposed 

Construction

Extrinsic Evidence

“protected partition” Cl. 1-18 “a secure device assisted service execution 

environment”

Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining what a person of 

ordinary skill would have understood this term to mean in light 

of the intrinsic and extrinsic evidence. Defendants may also rely 

on Dr. Turnbull to respond to Headwater’s claim construction 

position on this term and alleged support, including as to why 

Defendant’s position should be adopted over that of 

Headwater’s. 

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

Asserted Claims: 1–24 

Claim Term or 

Phrase

Claim Nos. Defendants’ Preliminary Proposed 

Construction

Extrinsic Evidence

“differential traffic 

control policy” 

Cl. 1-24 “rules for controlling network traffic that 

distinguishes between two or more things”

CLI Book 2: Cisco ASA Series Firewall CLI Configuration 

Guide, Ch. Service Policy, 

https://www.cisco.com/c/en/us/td/docs/security/asa/asa94/configguides/cli/firewall/asa-94-firewall-config/inspect-servicepolicy.html (last visited July 19, 2024) [TMO_HW00044535–

942]

What is Network Policy, Cisco, 

https://www.cisco.com/c/en/us/solutions/enterprisenetworks/what-is-network-policy.html (last visited July 19, 

2024) [TMO_HW00044962–969]

Security Policy Settings, Microsoft, 

https://learn.microsoft.com/en-us/previous-versions/windows/itpro/windows-10/security/threat-protection/security-policysettings/security-policy-settings (last visited July 19, 2024) 

[TMO_HW00044943–961]

Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Case 2:23-cv-00397-JRG-RSP Document 70-4 Filed 10/17/24 Page 4 of 5 PageID #: 1446
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U.S. Patent No. 9,215,613

Asserted Claims: 1–24 

Claim Term or 

Phrase

Claim Nos. Defendants’ Preliminary Proposed 

Construction

Extrinsic Evidence

Dr. Turnbull may offer testimony explaining what a person of 

ordinary skill would have understood this term to mean in light 

of the intrinsic and extrinsic evidence. Defendants may also rely 

on Dr. Turnbull to respond to Headwater’s claim construction 

position on this term and alleged support, including as to why 

Defendant’s position should be adopted over that of 

Headwater’s. 

“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”

Cl. 1-24 Indefinite. Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining what a person of 

ordinary skill would have been unable to ascertain the bounds of 

this claim term, which renders it indefinite.

“the user of the device 

is directly interacting 

with that application 

or perceiving any 

benefit from that 

application”

Cl. 6 Indefinite. Plaintiff’s P.R. 3-1 Disclosure of Asserted

Claims and Infringement Contentions.

Dr. Turnbull may offer testimony explaining what a person of 

ordinary skill would have been unable to ascertain the bounds of 

this claim term, which renders it indefinite.

Case 2:23-cv-00397-JRG-RSP Document 70-4 Filed 10/17/24 Page 5 of 5 PageID #: 1447